Chapter 413-2 EDGE FUND
This regulation governs the operation of the OneGeorgia Edge
Fund Program as established by the OneGeorgia Authority (O.C.G.A. 50-34-1)
through legislation signed by the Governor on April 21, 2000. The OneGeorgia
Authority authorizes the Department of Community Affairs (herein after referred
to as "agent") as the implementing entity for purposes of the Edge Fund
Program's operation and administration.
The definitions for purposes of this regulation are identical
in all respects to the terms defined in O.C.G.A. 50- 34 et
seq.
Competitive Project. Competitive Project generally
describes a situation where business enterprise is considering no less than two
communities as a site for relocation or expansion, where at least one community
is outside this state, and at least one, but not more than one, is in this
state. A project is not considered a competitive project when
the competition involves only the relocation of an existing company from
OneGeorgia community to another Georgia community.
The purpose of the OneGeorgia Edge Fund Program is to provide
financial assistance to eligible applicants that are being considered as a
relocation or expansion site in a competitive project; and, where the Edge Fund
is used when the health, welfare, safety and economic security of the citizens
of the state are promoted through the development and/or retention of
employment opportunities.
| (1) |
Eligible applicants and recipients of
grant funds awarded under this program shall include, but are not limited to,
general-purpose local governments (municipalities and counties), local
government authorities, joint or multi-county development authorities, state
authorities or any combination of the above. All local government units that
are party to an application must be in compliance, where applicable, with the
requirements regarding comprehensive planning (O.C.G.A. 50-8-1et
seq.), report of local government finances (O.C.G.A. 36-81-8[b]),
local service delivery strategies (O.C.G.A. 36-70-1et seq.),
and local government authorities registration (O.C.G.A. 36-80-8et
seq.) |
| (1) |
Grant funds appropriated or otherwise
made available to the Authority will be made available to eligible applicants
for projects when a competitive project cannot locate or
expand without special financial assistance. |
| (2) |
The Authority will establish and announce
funding availability. Applications will be accepted throughout the fiscal year
and will be reviewed based upon the criteria provided in Rule
413-2-.07. |
| (3) |
Eligible applicants must apply for
assistance under this program in a format and manner described by the
OneGeorgia Authority. Application manuals and guidelines may be obtained from
the Authority:
OneGeorgia Authority
1200-B Hillcrest Parkway
Dublin, Georgia 31021
(478) 274-7734
www.One
Georgia.org
|
| (4) |
The
application manual provided will include information outlining program
requirements, forms, mailing addresses, telephone numbers of contact persons
and other necessary and pertinent information. |
Eligible uses of funds provided under the Edge Fund include
those activities and the provision of facilities and services as described in
O.C.G.A. 50-34. Eligible uses of funds for this category shall include, but are
not limited to:
| 1. |
Public Land
Acquisition/Site Development.
| a) |
For siting
and/or improving publicly owned infrastructure. |
| b) |
For publicly owned industrial, technology
parks, and airports. |
| c) |
For
publicly owned improvements for tourism developments. |
|
| 2. |
Public Infrastructure Improvements.
| a) |
Publicly owned water and/or sewer
facilities and improvements. |
| b) |
Publicly owned improvements for pollution control. |
| c) |
Publicly owned railroad spurs. |
| d) |
Publicly owned road
improvements. |
| e) |
Drainage
improvements on public rights of way. |
| f) |
Site preparation on publicly owned
land. |
| g) |
Publicly owned
telecommunications assets. |
|
| 3. |
Publicly Owned Machinery and
Equipment. |
| 4. |
Publicly
Owned/Privately Leased Fixed Assets (sites and buildings) and/or Machinery and
Equipment.
It is important to note that the proposed use of Edge
Fund monies will dictate whether the funds can simply be granted to the
applicant, or whether they will be granted to the applicant but require a lease
agreement between the applicant and participating subrecipient. In general,
public acquisition or improvements of public facilities and infrastructure can
be paid for by the applicant with Edge Fund monies and do not have to be leased
to a subrecipient through a development authority. Where Edge Fund monies are
expended for the public acquisition and/or improvement of privately used land,
buildings, machinery and equipment, or other private assets, the assets must be
owned or controlled by the applicant and leased or subleased to the private
user.
|
The Authority may also require the applicant to
recapture some or all of the Edge Fund assistance if ownership of project
assets is transferred to an entity other than the applicant. The Authority also
reserves the right to establish criteria for the recapture of grant funds upon
transfer of project assets to an entity other than the applicant or upon any
event that violates state law, the public purpose of the grant program, or any
of the grant conditions. All recaptured funds must be returned to the
Authority, unless otherwise specified by the
Authority.
All applications received from eligible applicants will be
reviewed in a timely manner to determine the merit of the applications and the
proposed use of funds. The criteria in the following sections will be used to
determine the merit of each application.
| 1. |
Applications will be reviewed based upon
enhancement of community or economic development opportunites. Applicable
criteria include, but are not limited to:
* Numbers and types of jobs retained and/or created;
* Total private capital investment;
* Impact on the state, regional and community economy and tax
base;
* Degree of local financial commitment;
* Consistency with local and regional development goals and
objectives;
* Project readiness;
* Project feasibility;
* Wage levels compared with average wages of industry in the
impacted area;
* Reasonableness of cost estimates;
* Tier status.
|
| 2. |
All applications for funding from this
program must provide written certification from the applicant, addressed to the
OneGeorgia Authority, to the effect that the applicant is authorized under the
laws of the State to carry out the project and activities that are the subject
of the application, and that the proposed expenditure of funds is in accordance
with all applicable legal requirements. |
| 3. |
In its review of applications, the
Authority may, at its discretion, consult with other individuals or agencies as
appropriate for receiving advice. |
| 4. |
The criteria in this Rule (
413-2-.07 ) are designed to assist the
Authority in making its decision and only constitute minimum standards.
Additional factors may be considered depending on the nature of particular
projects and their relative merit compared to competing proposals, and
depending on the availability of funding at the time of application. |
| 5. |
The decision that the Authority makes
shall be final and conclusive. |
| 6. |
Projects documenting that public benefits exceed public costs will receive
greatest consideration under the program's rating criteria. |
Edge Fund grants are not limited in amount. Grant amounts may
be recommended by the Georgia Department of Community Affairs, and approved by
the Authority. Final approval of grant amounts is at the discretion of the
Authority.
| 1. |
Applications will be
considered for funding when the project takes place in a Tier 1 or Tier 2
county. |
| 2. |
Applications from Tier 3
applicants will also be considered where those counties:
* Share a border with a Tier 1 or Tier 2 county; and
* Are part of a project that has been endorsed in writing by a
neighboring Tier 1 or Tier 2 county; and
* Can demonstrate a significant economic benefit to a
neighboring Tier 1 or Tier 2 county through regional impact, revenue sharing or
other evidence of regionalism.
|
| 3. |
Once selected for funding, grant funds
will be made available by the Authority through an award contract incorporating
by reference the approved final application and adding any special conditions
that may be necessary or appropriate. As part of the award conditions,
recipients must file a report on the impact and performance of the project, in
a format prescribed by the Authority. |
| 4. |
The authority may approve a grant subject
to certain general or special conditions that will be incorporated into the
grant award document. Because of the limited amount of funds available, the
Authority may also approve and/or award an amount less than the amount
requested in the application. Applicants will be notified immediately if the
grant request amount and the approved amount will be different. The applicant
will have thirty (30) days from the date of award to accept any special
conditions and/or the reduced grant amount. If the applicant fails to accept
the special conditions or lower grant amount within the required period, the
Authority may unilaterally withdraw the grant award. |
| 5. |
Grant approvals will be issued with an
expiration date. If an applicant fails to request a drawdown of funds prior to
the expiration date, the application approval will expire and funds will not be
issued. |
| 6. |
Awards will be committed
to competitive, time-sensitive projects when location decisions are pending.
The Authority may deny approval of an application when the application is
received after the company/project has, verbally or in
writing, selected a location or made a location commitment to a
community. |
In addition to the certifications made on the face of the award
statement, the recipient must further certify that:
| (1) |
No applicable state laws, rules,
regulations, or applicable local ordinances shall be violated in carrying out
this project and expending Edge Fund monies. |
| (2) |
Recipient's internally adopted
procurement procedures meet applicable state requirements and will be adhered
to and documentation shall be maintained to document such adherence. |
| (3) |
Recipient's accounting records shall be
maintained in a manner consistent with generally accepted government accounting
standards. |
| (4) |
If the Recipient is
a development authority, then the project financed in part by Equity Fund
monies shall only be leased or sold or administered as provided by Section
36-62-7 of the Official Code of
Georgia Annotated, local constitutional amendment, local law passed by the
legislature, or other general enabling legislation, as applicable. |
| (5) |
The recipient shall undergo an annual
financial audit conducted in accordance with government auditing standards
established by the comptroller general of the United States. The recipient
shall submit to the Authority copies of all audits that cover all or part of
the grant period. |
| (6) |
No real or
apparent conflict of interest shall be engaged in by any person or party (or
any person or party with whom they have family or business ties) who is
involved in any aspect of the Edge Fund project. |
