Rule 110-12-9-.04. Filing Process

Rule 110-12-9-.04. Filing Process

1. (1) First Update. The first SDS update provided after January 1, 2026, as required under O.C.G.A. §§ 36-70-21(a)(1) and 36-70-26, shall be a 'full update'. In subsequent amendments (as defined in these standards), it is permissible to list any services that are unchanging in Box III on Form 1, thus there is no requirement to include a Form 2 for any service listed in Box III in SDS amendments. (The referenced forms are described hereafter.)

2. (2) Procedure for Filing an SDS. The SDS shall be submitted to the Department using the methods and materials specified by the Department herein.

   1. (a) Forms. The Department will promulgate standardized forms that, along with other materials described in these standards, comprise the SDS. SDS's must be submitted to the Department using the appropriate forms. Because SDS forms may be updated or revised by the Department from time to time, parties shall ensure that SDS updates and amendments are produced using the most up to date versions of SDS forms available on the Department's website at the time of the SDS update or amendment. The standardized forms shall not be altered by users without explicit direction from the Department except to fill the fields necessary to reflect local agreed-upon service delivery arrangements. Each field on the form must be fully completed as appropriate per the SDS. We encourage using "Not Applicable" to fill form fields where no response is necessary to ensure that no fields are erroneously unaddressed. An overview of the standard forms is provided, hereafter:

      1. 1. Form 1 - General Instructions.The first field asks for the county name.The following fields ask for a listing of all local governments (including municipalities located wholly or partially within the county) and authorities that provide services included in the SDS.

         o There are also two fields where all services provided by or on behalf of any local government or authority included in the SDS must be listed: (1) a field (Box III) for services included in the SDS that are being continued without change; and, (2) a field (Box IV) for all services included in the SDS that are being revised (in any way) or being added (new).

         o In Box IV, notation should be provided for any service that is being discontinued or merged into another service. Each service listed in Box IV must be included on an associated Form 2 (unless such service is being discontinued).

         There is no standardized list of all services that must be included in an SDS.

         Services may be broken into component elements to facilitate accurate reflection of service delivery mechanisms (e.g., Police Services could be broken into: Police - Patrol, Police - SWAT, Police - Investigations, etc.).

      2. 2. Form 2 - Summary of Service Delivery Arrangements. As each service listed in Box IV requires an associated Form 2, this form includes a field for the service name. The service name on Form 2 must exactly match the service name as it is listed on Form 1. This form asks for the following information:

         o Information regarding the service delivery arrangement between the Parties;

         o How the service will be funded and by whom;

         o How/ if the strategy for providing this service has changed since the previous SDS was verified;

         o Which local governments are responsible for providing services;

         o What territories are being served, if there are any other agreements; contracts, or mechanisms that will help implement this strategy for this service; and

         o Who completed the form for this service.

         Attachments may be necessary to supplement properly completed forms.

      3. 3. Form 3 - Summary of Land Use Agreements. This form asks Parties to consider and acknowledge any incompatibility between land use plans that were found while developing this SDS. The Parties are then asked to provide information indicating how these conflicts were addressed, if any were found. Finally, the form asks what policies or procedures the Parties have established, including water and sewer authorities, to ensure that new extraterritorial water and sewer service will be consistent with all applicable land use plans.

         Attachments may be necessary to supplement properly completed forms.

      4. 4. Form 4 - Certifications. The Parties must certify that the statutory process was followed while developing this SDS.

         The fields ask for the dated signatures (including the title and printed name) from each jurisdiction as required by O.C.G.A. § 36-70-25. The signature provided must be that of the local governments chief elected official unless such official is unavailable to sign due death or legal action prohibiting them from serving in this capacity.

         The Department shall verify that the SDS includes the required elements and meets the minimum standards under O.C.G.A. §§ 36-70-23 and 36-70-24. The Department shall also verify that the forms are completed correctly, and that the SDS is internally consistent (e.g., there are no clear conflicts between or among the submitted SDS forms, there are no unexplained conflicts between the submitted SDS and previously verified iterations of the SDS). If the SDS is unable to be verified, the Department will notify the person that submitted the SDS for review with comments.

   2. (b) Verification Deadlines and Compliance. If an SDS is not verified by the Department by December 31 of the year following the year in which the county's ten-year comprehensive plan update is due, or, within 180 days of the occurrence of an event requiring review and revision in accordance with O.C.G.A. § 36-70-28(b), the Department will notify all the necessary parties (including relevant state agencies) that the affected local governments and authorities are no longer compliant with the Service Delivery Act, O.C.G.A. § 36-70-20, et seq., and sanctions must be implemented.

      In the event that the SDS requires review and revision as specified in statute and these rules, one or more Parties shall notify the Department via verifiable delivery. The notification shall include what the event is, and the date that it officially occurred so that the Department can adjust and accurately track the new deadline. The notification must be delivered to the Department within thirty (30) days of the event as in accordance with O.C.G.A. § 36-70-22(a)(2).

      Pursuant to O.C.G.A. §§ 36-70-25.2 and 36-70-25.3, the Department shall be notified when the parties enter nonbinding arbitration, mediation, and judicial resolution, via verifiable delivery, by an affected party to the event. The notification shall include when the process is to begin, so that the Department can adjust and accurately track the new deadline. The notification must be delivered to the Department once the process is scheduled.

      1. 1. Non-compliance. When an SDS is not verified by the Department by the appropriate deadline as directed by O.C.G.A. § 36-70-26, the affected local governments will no longer be in compliance with the Service Delivery Act.

         Effective January 1, 2026, all abeyances of the penalties for noncompliance are no longer recognized by statute.

      2. 2. Events requiring review and revision pursuant to O.C.G.A. § 36-70-28. In addition to the ten-year update required to occur subsequent to a comprehensive plan update, each county and affected municipality shall review and revise the strategy: Whenever necessary due to changes in revenue distribution arrangementsIn the event of the creation, abolition, or consolidation of local governmentsWhen the existing service delivery strategy SDS expiresWhenever the county and affected municipalities agree to revise the strategy

   3. (c) Scheduled Update. SDS's submitted as required under O.C.G.A. § 36-70-26 shall include a Form 1, as well as a Form 2 for every service whether it is listed in Box III or Box IV on Form 1, a Form 3, and a fully executed Form 4.

      Regardless of the impetus for the update or the Party who initiated the update, when filing the SDS with the Department for review, it shall be submitted by the county or county's representative.

   4. (d) Amendments.

      1. 1. Components. An amendment is required to have a Form 1, as well as a Form 2 for any service listed in Box IV on Form 1, and a Form 4 executed by the local governments which are party to the change. However, any amendment to the SDS that is not required under O.C.G.A. § 36-70-26, does not require the submission of a Form 3.
      2. 2. Amendments involving less than all parties. Under O.C.G.A. § 36-70-28(b.1)(1) only if a change in the SDS does not affect all local governments involved, an SDS amendment limited to the changed service or services between only the affected local governments may be submitted (without the approval of the other nonimpacted county and municipalities).

      3. 3. Submittal and Review. O.C.G.A. § 36-70-28(b.1)(2) states that any of the aforementioned amendments will be subject to review and revision whenever the SDS affecting the county and all municipalities becomes subject to review and revision under the scheduled updated deadline and/ or the occurrence of an event requiring review and revision pursuant to O.C.G.A. 36-70-22(a)(2) as mentioned above.

         Without regard to the above, no request for funding, permits, grants, or loans from any State agency, except as provided for under O.C.G.A. § 36-70-27, shall be eligible without a consistent SDS verified to be compliant by, and on file with the Department.

Authority: O.C.G.A. §§ 36-70-23.1; 36-70-26(d).

History. Original Rule entitled "Filing Process" adopted. F. Nov. 25, 2025, eff. Jan. 1, 2026, as specified by the Agency.