Current through Rules and Regulations filed through October 17, 2024
Rule 110-20-1-.08 - Developers Reporting Requirements(1) After receipt of a Certificate of Compliance, applicants must submit annual progress reports to the Department for five years or until the minimum REAP program criteria (as set forth in O.C.G.A. Section 50-8-191(c)(3)) have been met, whichever is longer. A processing and monitoring fee of $750 is required with each annual report for the first five years after an applicant receives a Certificate of Compliance. Upon failure to submit a timely and acceptable annual report, the Department shall revoke the applicant's Certificate of Compliance and shall notify the Department of Revenue, and other applicable state agencies, of the same.(2) The annual progress reports should indicate that the REAP requirements contained in the statute and rules are being met. The reports shall include a description of any changes or additions to the project; the status of private investment; job creation (or loss); updated construction schedule; and the project's impact on local tax base, land use control, and infrastructure (water, sewer, and transportation). The report should compare the status of these factors to the projections and baseline data presented in the initial REAP application. The annual reports shall be in a format prescribed by the Department.(3) After an applicant has submitted annual reports for five years or until the minimum REAP criteria (as set forth in O.C.G.A. Section 50-8-191(c)(3)) have been met (whichever is longer), the applicant will then be required to submit an abbreviated annual report to the Department, which report shall be in a format prescribed by the Department. The annual reporting fee to be submitted with the abbreviated annual reports shall be $500.(4) Developers of REAP projects that have received a Certificate of Compliance must submit to the Department within three (3) years of receiving the Certificate a certification that all of the elements of the project that met the criteria of paragraph (3) of O.C.G.A. Section 50-8-191(c)are complete and operational. If those elements are not complete within three years, the developer must report to the Department, in its third annual report, the status of the project, the expected completion date, and reasons why the elements are not completed. The Department reserves the right to notify the Department of Revenue of the developer's failure to comply with the REAP criteria if the developer has not completed the elements within three years and has not provided evidence of its good faith efforts to complete the project.Ga. Comp. R. & Regs. R. 110-20-1-.08
O.C.G.A. Secs. 50-8-3, 50-8-11, 50-8-195.
Original Rule entitled "Developers' Reporting Requirements" adopted. F. Sept. 9, 1999; eff. Sept. 29, 1999.Repealed: New Rule of same title adopted. F. June 19, 2002; eff. July 9, 2002.