Bill
HB 1139
Creates the Spalding County Water Authority with expanded governance, financing, and enforcement powers to plan, fund, operate, and regulate water and sewer services.
Purpose and overall aim
- HB 1139 amends and renames the existing Spalding County Water and Sewerage Facilities Authority, creating the Spalding County Water Authority. The act reorganizes membership terms, clarifies powers and enforcement, defines key terms, revises the short title, and repeals conflicting laws.
- The overarching goal is to formalize the authority’s ability to plan, finance, construct, operate, and regulate water and sewer services within Spalding County and participating jurisdictions, with expanded governance and enforcement tools.
Key provisions and changes
1) Short title
- The act may be cited as the “Spalding County Water Authority Act.”
2) Spalding County Water Authority – structure and membership
- The Authority is a public body corporate and politic capable of contracting, suing, being sued, etc.
- Membership history and future terms:
- The act preserves the existing nine-member structure (eight appointed members plus the chair of the county governing body or designee who serves a one-year term).
- Beginning January 1, 2027, the governing body of Spalding County shall appoint eight members for four-year, staggered terms.
- Specific end dates are established for current or upcoming terms:
- Wanda Howell and Jim Skinner terms end Dec. 31, 2027
- Fannie Delaney term ends Dec. 31, 2028
- Jeff Brandon, Clay Davis, Cal Oxford terms end Dec. 31, 2029
- Wade Cannon and Dick Morrow terms end Dec. 31, 2032
- Requirements:
- Members must be residents of Spalding County.
- The county governing body may appoint no more than one additional member beyond the chairperson or designee.
- Officers and compensation:
- The Authority elects a chair, vice chair, secretary, and treasurer (or secretary-treasurer). An assistant secretary may be elected.
- Five members constitute a quorum; vacancies do not impair quorum rights.
- Compensation rules: minimums are set (attendance and chair stipends specified); compensation cannot exceed 20% of the lowest paid Spalding County Commissioner. Compensation is set annually by resolution (or carries over from prior year if not set).
3) Definitions (Section 3)
- Key terms clarified, including:
- “Authority” – Spalding County Water Authority
- “Cost of the project,” “Project,” “Revenue bonds,” “Self liquidating,” “Sewer system,” and “Water system” with detailed inclusions (facilities, lands, easements, rights, franchises, treatment and distribution components, etc.).
- These definitions govern how projects are financed, constructed, and operated.
4) Authority powers (Section 4)
- Broad powers for governance, property, and operations:
- Seal, acquire and dispose of property, condemn property as needed (with protections on liens and encumbrances).
- Enter agreements with Griffin, Spalding County, and other political subdivisions for water supply, sewerage, cost sharing, engineering data, rates, metering, and ownership of facilities.
- Operate water and sewer systems, including:
- Acquisition, construction, operation, and maintenance
- Sale of water and related facilities to various customers
- Set and adjust rates, fees, and charges; issue executions for past due amounts; ensure revenue sufficiency for debt service; establish reserves
- Adopt rules and regulations; enforce laws and ordinances applicable to water and sewer services
- Inspect and regulate on-site sewage disposal and enforce repairs; levy liens for repair costs
- Pretreatment programs for industrial wastewater; enforcement including civil penalties (up to $1,000 per day for noncompliance); injunctive relief via Superior Court for pretreatment violations.
- Appoint staff, including a general manager; empower hiring and discipline of personnel.
- Enter contracts and agreements with municipalities, counties, and other entities; terms may extend up to 50 years for certain arrangements.
- Borrow money, issue revenue bonds, and accept grants or loans from federal, state, or other entities.
- Exercise governmental functions related to water and sewer systems, including enforcement, permits, and ability to levy fines, penalties, or other enforcement measures.
- Authority to adopt watershed protection and water quality standards; may suspend or discontinue service to areas not in compliance or where adjacent zoning does not meet standards.
- All powers should be construed to maximize the efficient operation and development of the water and sewer systems.
5) Enforcement provisions (Section 4.1)
- Establishes a formal enforcement mechanism:
- General manager or designated hearing officer can hold hearings and impose civil penalties for violations of approved rules/regulations.
- Penalties payable into the authority’s water and sewerage revenue fund.
- Post-decision, penalties may be subject to judicial review under the Georgia Administrative Procedure Act (O.C.G.A. Chapter 50-13).
- Penalty-based executions permitted after 30 days if no timely appeal.
- Civil penalties and other sums create a lien on affected property, with priority equal to ad valorem tax liens.
6) Rates, charges, and revenues (Section 25)
- The authority may fix and collect rates, fees, tolls, and charges; issue executions for past due amounts; and issue revenue bonds to finance projects.
- Revenues are pledged to debt service and related costs, including reserves, operating costs, and any authorized improvements.
7) Repeals and related matters
- All laws or parts of laws conflicting with HB 1139 are repealed or amended accordingly.
Projected impact and who is affected
- Local governments and residents in Spalding County and participating municipalities (e.g., Griffin) that contract with the authority for water and sewer services.
- The authority gains expanded and more formal control over governance, financing, rate-setting, enforcement, and service delivery.
- Ratepayers could see established mechanisms to fund projects through revenue bonds, plus the authority’s ability to enforce pretreatment standards and suspend or discontinue service for noncompliance.
- Local governments can enter long-term contracts up to 50 years for water/sewer services and facilities, with credit impacts noted by pledges of full faith and credit of contracting entities where applicable.
Procedural and timeline aspects
- Structural changes to terms begin January 1, 2027, with staggered four-year terms for eight appointed members.
- The act specifies detailed term end dates for current and upcoming members through 2032.
- The act becomes operative upon passage, with enforcement and rate-setting provisions in force as designated by the authority.
- The governor’s signature completed: Act 540 (dated May 11, 2026), indicating enactment and effective status.
Notes for readers
- The bill enhances local control over water and sewer infrastructure, including governance, funding, and regulatory enforcement.
- It increases predictability of governance terms and introduces a formal enforcement framework for compliance with water quality and pretreatment standards.
- The act preserves delegation flexibility (e.g., private contracts, long-term commitments) while ensuring statutory oversight and financial accountability through revenue bonding and lien powers.
Compiled from official sources — confirm details with the bill’s official record.
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