reglab/housing_qa huggingface dataset:
GA Code § 46-3-61 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 1 - Generation and Distribution of Electricity Generally|Part 4 - Solar Power Free-Market Financing|§ 46-3-61. Findings

 The General Assembly hereby finds and declares that:    It is in the public interest to facilitate customers of electric service providers to invest in and install on their property solar technologies of their choice;   Free-market financing of solar technologies may provide more customers with opportunities to install solar technology;   Solar energy procurement agreements, and other similar financing arrangements, including those in which the payments are based on the performance and output of the solar technology installed on the property of customers of electric service providers, are financing arrangements which may help reduce or eliminate upfront costs involved in solar technology investments and installation by such customers; and   Individuals and entities which offer or receive such financing opportunities through solar energy procurement agreements pursuant to this part should not be considered or treated as electric service providers.     (Code 1981, §46-3-61, enacted by Ga. L. 2015, p. 1438, § 1/HB 57.)
GA Code § 46-3-62 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 1 - Generation and Distribution of Electricity Generally|Part 4 - Solar Power Free-Market Financing|§ 46-3-62. Definitions

 As used in this part, the term:    "Affiliate" means any entity directly or indirectly controlling or controlled by or under direct or indirect common control with an electric service provider.   "Capacity limit" means a peak generating capacity in alternating current that is no greater than:   Ten kilowatts, for a residential application; or   One hundred and twenty-five percent of the actual or expected maximum annual peak demand of the premises the solar technology serves, for a commercial application.     "Control" means the power to significantly influence the management and policies of any affiliate, directly or indirectly, whether through the ownership of voting securities, by contract, or otherwise.   "Electric service provider" means any electric supplier that is engaged in the business of distributing electricity to retail electric customers in this state.   "Electric supplier" has the same meaning as provided in paragraph (3) of Code Section 46-3-3.   "Entity" means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship.   "Maximum annual peak demand" means the maximum single hour electric demand actually occurring or expected to occur at a premises, measured at the premises' electrical meter.   "Person" means any individual or entity.   "Premises" has the same meaning as provided in paragraph (6) of Code Section 46-3-3.   "Property" means the tract of land on which a premises is located, together with all adjacent contiguous tracts of land utilized by the same retail electric customer.   "Retail electric customer" means a person who purchases electric service from an electric service provider for such person's use and not for the purpose of resale.   "Solar energy procurement agreement" means any agreement, lease, or other arrangement under which a solar financing agent finances the installation, operation, or both of solar technology in which the payments are based on the performance and output of the solar technology installed on the property.   "Solar financing agent" means any person, including an electric service provider and an affiliate, whose business includes the leasing, financing, or installation of solar technology.   "Solar technology" means a system that:   Generates electric energy that is fueled solely by ambient sunlight;   Is installed upon property owned or occupied by a retail electric customer; and   Is connected to the electric service provider's distribution system on either side of the electric service provider's meter.       (Code 1981, §46-3-62, enacted by Ga. L. 2015, p. 1438, § 1/HB 57.)
GA Code § 46-3-63 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 1 - Generation and Distribution of Electricity Generally|Part 4 - Solar Power Free-Market Financing|§ 46-3-63. Financing of Solar Technology; Electric Service Provider Prohibited From Interfering With Use of Solar Technology; Electric Service Provider Not Liable for Certain Acts

  Solar technology at or below the capacity limit may be financed by a retail electric customer through a solar financing agent utilizing a solar energy procurement agreement, provided that:   Such solar technology and the installation thereof complies with all applicable state laws and all applicable county and municipal ordinances and permitting requirements; and   The retail electric customer or the solar financing agent gives notice to the electric service provider serving the premises at least 30 days prior to operation of such solar technology.     No electric service provider shall prevent or otherwise interfere with the installation, operation, or financing of solar technology by a retail electric customer through a solar financing agent pursuant to subsection (a) of this Code section, except that an electric service provider may require the retail electric customer to meet applicable safety, power quality, and interconnection requirements as provided in Code Section 46-3-64.   An electric service provider not acting as a solar financing agent at the specific property where the liability arises shall not be liable for any loss of assets, injury, or death that may arise from, be caused by, or relate to:   The act, or failure to act, of the retail electric customer or the solar financing agent relating to the solar technology;   The solar energy procurement agreement or any other agreement between the retail electric customer and the solar financing agent; or   The solar technology.     A solar financing agent which is not an electric service provider or affiliate may provide solar energy procurement agreements authorized by this part, notwithstanding the restrictions of Part 1 of this article.   A property with multiple premises may have multiple solar technologies financed by solar energy procurement agreements; provided, however, that a single solar technology is not connected to multiple premises and that the cumulative capacity of solar technologies connected to a premises shall not exceed the capacity limit. Solar technology installed to serve one premises shall only generate electric energy that is used on and by such premises or fed back to an electric service provider.     (Code 1981, §46-3-63, enacted by Ga. L. 2015, p. 1438, § 1/HB 57.)
GA Code § 46-3-64 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 1 - Generation and Distribution of Electricity Generally|Part 4 - Solar Power Free-Market Financing|§ 46-3-64. Requirements Upon a Retail Electric Customer Utilizing Solar Technology Connected to an Electric System of an Electric Service Provider

  For solar technology with a peak generating capacity of not more than 10 kilowatts for a residential application and not more than 100 kilowatts for a commercial application, the electric service provider may require the retail electric customer or solar financing agent to provide, at the retail electric customer's or solar financing agent's expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the National Electrical Code, National Electrical Safety Code, Institute of Electrical and Electronics Engineers, and Underwriters Laboratories, prior to interconnecting the solar technology to the electric service provider's electric system. If such applicable safety, power quality, and interconnection requirements are met, an electric service provider shall not require compliance with additional safety or performance standards, require the performance of or payment for additional tests, or require the purchase of additional liability insurance.   For solar technology with a peak generating capacity of more than 10 kilowatts for a residential application and more than 100 kilowatts for a commercial application, the electric service provider may require compliance with additional requirements beyond those specified in subsection (a) of this Code section. Such additional requirements shall include only those necessary to protect public safety, power quality, and system reliability.     (Code 1981, §46-3-64, enacted by Ga. L. 2015, p. 1438, § 1/HB 57.)
GA Code § 46-3-65 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 1 - Generation and Distribution of Electricity Generally|Part 4 - Solar Power Free-Market Financing|§ 46-3-65. Clarification of Who Shall Be Considered an Electric Supplier and an Electric Service Provider

  Provided that the solar technology does not exceed the capacity limit, the leasing, financing, or installation of such solar technology through a solar energy procurement agreement shall not be considered the provision of electric service to the public, retail electric service, or retail supply of electricity by the solar financing agent, and neither the retail electric customer nor the solar financing agent shall be considered an electric supplier within the meaning of Part 1 of this article or in violation of exclusive electric service rights arising therein.   Notwithstanding any other provision of law, a solar financing agent's actions under this part shall not cause the solar financing agent to be considered an electric service provider for any purpose under this title.   Any electric service provider or affiliate shall be authorized to become a solar financing agent; provided, however, that the restrictions of Part 1 of this article shall apply to any such electric service provider's provision of solar technology. An electric service provider and an affiliate shall be subject to subsection (a) of Code Section 46-3-11 in providing services as a solar financing agent.     (Code 1981, §46-3-65, enacted by Ga. L. 2015, p. 1438, § 1/HB 57.)
GA Code § 46-3-66 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 1 - Generation and Distribution of Electricity Generally|Part 4 - Solar Power Free-Market Financing|§ 46-3-66. Construction and Applicability

  Except as provided in subsection (d) of Code Section 46-3-63 and subsections (a) and (b) of Code Section 46-3-65, nothing in this part shall be construed as modifying the restrictions of Part 1 of this article on the sale, offer for sale, or distribution of retail electric service in this state.   Nothing in this part shall be construed to create or alter rights in real property or to change any restrictions or regulations on the use of real property that may exist under any means, including, but not limited to, a covenant, contract, ordinance, or state or federal law.   Nothing in this part shall be construed to restrict, affect, or diminish the ability of any county or municipality to adopt or enforce ordinances, permits, or regulations, or otherwise to exercise any lawful power under the Constitution or laws of this state, including, without limitation, those affecting zoning, land use, or the use of public rights of way.   Nothing in this part shall be applied to impair any obligation or right under a contract entered into prior to the effective date of this part or any amendment to or extension of such contract.   Nothing in this part shall be applied to any party to a wholesale electric power or transmission service contract entered into prior to the effective date of this part or to any original party to such contract that is subsequently amended or extended to the extent that the financing and installation of the solar technology would cause such party to be in breach of such contract or increase the costs of such contract by $100,000.00 or more. Any legal successor to substantially all rights and assets of a party shall also be considered a party under this subsection.     (Code 1981, §46-3-66, enacted by Ga. L. 2015, p. 1438, § 1/HB 57.)
GA Code § 46-3-170 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 1 - General Provisions|§ 46-3-170. Short Title

 This article may be cited as the "Georgia Electric Membership Corporation Act."   (Ga. L. 1937, p. 644, § 1; Code 1933, § 34C-101, enacted by Ga. L. 1981, p. 1587, § 1.)   Cross references.   - Nonprofit corporations generally, Ch. 3, T. 14.    Extension of jurisdiction of commission over electric membership corporations to same extent as commission has jurisdiction over electric light and power companies, § 46-3-12.   JUDICIAL DECISIONS   Nonprofit electric corporations not excluded from class of electric companies generally.    - The word "profit" as employed both in Ga. Const. 1976, Art. VII, Sec. I, Para. IV (Ga. Const. 1983, Art. VII, Sec. II, Para. I-IV) and the Rural Electrification Act (7 U.S.C. § 901 et seq.) did not, when construed in pari materia with former Code 1933, § 94-1101 (see O.C.G.A. § 46-1-2) and Ga. L. 1937, p. 644 (see O.C.G.A. Art. 4, Ch. 3, T. 46), exclude the electric corporations created under that Act from the class of electric companies engaged in the business of generating and transmitting electricity. Lamar Elec. Membership Corp. v. Carroll, 89 Ga. App. 440, 79 S.E.2d 832 (1953).   Liability for punitive damages.    - Power corporation failed to show that it was a public service corporation and, accordingly, shielded from liability for punitive damages as a matter of law; an electrical membership, under the Georgia Electric Membership Corporation Act, is vested with the power to sue and be sued and is provided with no express statutory immunity from liability for punitive damages. Oglethorpe Power Corp. v. Sheriff, 210 Ga. App. 299, 436 S.E.2d 14 (1993).   Mandamus unavailable for nominee seeking to serve on electric membership corporation.    - Trial court erred by granting a nominee's writ of mandamus because under O.C.G.A. § 9-6-23, mandamus did not lie to enforce purely private contract rights and the nominee's efforts to be qualified as a person to sit on the board of an electric membership corporation was a private right as board members were not public officers within the meaning of O.C.G.A. § 9-6-20. Rigby v. Boatright, 294 Ga. 253, 751 S.E.2d 851 (2013).    Cited in Troup County Elec. Membership Corp. v. Georgia Power Co., 229 Ga. 348, 191 S.E.2d 33 (1972); Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986), aff'd, 844 F.2d 1538 (11th Cir. 1988).
GA Code § 46-3-172 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 1 - General Provisions|§ 46-3-172. Applicability of Article

  This article shall apply to electric membership corporations but shall not apply to other persons except when expressly so provided in this article.   This article shall apply to commerce with foreign nations and among the several states only insofar as the same may be permitted under the Constitution and laws of the United States.   This article shall not impair the existence of any electric membership corporation existing on July 1, 1981. Any such existing electric membership corporation and its members, directors, and officers shall have the same rights and be subject to the same limitations, restrictions, liabilities, and penalties as an electric membership corporation formed under this article and its members, directors, and officers.   If the articles of incorporation or the bylaws of an electric membership corporation in existence on July 1, 1981, contain any provisions which were not authorized or permitted by the prior electric membership corporation law of this state but which are authorized or permitted by this article, such articles of incorporation or bylaw provisions shall be valid on and from July 1, 1981; and action may be taken on and from that date in reliance on such provisions.    (Code 1933, § 34C-103, enacted by Ga. L. 1981, p. 1587, § 1.)
GA Code § 46-3-173 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 1 - General Provisions|§ 46-3-173. Effect of Affixing Corporate Seal; Signing of Documents; Affixing of Seal as Optional; Signing of Deeds After Dissolution of an Electric Membership Corporation

  With respect to any contract, conveyance, or other such document executed by and on behalf of an electric membership corporation or a foreign electric cooperative, the presence of the corporate seal or facsimile thereof, attested by the secretary or an assistant secretary of the corporation, shall attest:   That the corporate seal or facsimile thereof affixed to the document is in fact the seal of the corporation or a true facsimile thereof, as the case may be;   That any officer of the corporation executing the document does in fact occupy the official position indicated; that one in such position is duly authorized to execute such document on behalf of the corporation; and that the signature of such officer subscribed thereto is genuine; and   That the execution of the document on behalf of the corporation has been duly authorized.     When the seal of an electric membership corporation or facsimile thereof is affixed to any document and is attested by the secretary or an assistant secretary of an electric membership corporation, a third party without knowledge or reason to know to the contrary may rely on such document as being what it purports to be.   When other provisions of this article require a document to be executed as provided in this Code section, the document shall be signed by the president or other chief executive officer, or a vice-president; and his signature shall be attested by the secretary or an assistant secretary. If the corporate seal is affixed, the signature of the secretary or assistant secretary shall also attest the seal.   The seal of the electric membership corporation may, but need not, be affixed to any document executed in accordance with this article; and its absence therefrom shall not impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon.   Deeds or other transfer instruments requiring execution after the dissolution of an electric membership corporation may be signed by any two of the last officers or directors of the electric membership corporation and shall operate to convey the interest of the electric membership corporation in the real estate or other property described.    (Code 1933, § 34C-104, enacted by Ga. L. 1981, p. 1587, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 18 Am. Jur. 2d, Corporations, §§ 300-304.   C.J.S.   - 18 C.J.S., Corporations, § 106.
GA Code § 46-3-175 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 1 - General Provisions|§ 46-3-175. Certification of Documents by Secretary of State

 The Secretary of State, at any time, upon the request of any person, shall make and certify additional copies of any document filed with his or her office and of the certificate, if any, issued by the Secretary of State in connection with the filing of the document, under this article, upon payment to the Secretary of State of the fee provided for in Code Section 46-3-502.   (Code 1933, § 34C-106, enacted by Ga. L. 1981, p. 1587, § 1; Ga. L. 2011, p. 99, § 90/HB 24.)    The 2011 amendment,  effective January 1, 2013, deleted former subsection (a); deleted the former subsection (b) designation; inserted "or her" near the middle of this Code section; and substituted "the Secretary of State" for "him" near the end of this Code section. See Editor's notes for applicability.   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U. L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 1 (2011).
GA Code § 46-3-176 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 1 - General Provisions|§ 46-3-176. Obligations Issued to Secure Payment of Federal Loans as Constituting Securities; Exemption of Obligations and Membership Certificates From Georgia Securities Laws

 Whenever any electric membership corporation shall have borrowed money from any federal agency, the obligations issued to secure the payment of such money shall be and are classified as securities, the inherent qualities of which assure their sale and disposition without the perpetuation of fraud and which, together with membership certificates issued by any such electric membership corporation, shall not be subject to the Georgia securities laws.   (Ga. L. 1937, p. 644, § 20; Code 1933, § 34C-1801, enacted by Ga. L. 1981, p. 1587, § 1.)
GA Code § 46-3-177 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 1 - General Provisions|§ 46-3-177. Jurisdiction of Commission

 Except as otherwise provided in Part 1 of Article 1 of this chapter, the "Georgia Territorial Electric Service Act," electric membership corporations shall not be subject to the jurisdiction of the commission.   (Code 1933, § 34C-1802, enacted by Ga. L. 1981, p. 1587, § 1.)
GA Code § 46-3-178 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 1 - General Provisions|§ 46-3-178. Intent of Article as Regards Authority of Electric Membership Corporations to Own or Operate Cable Television Systems

 It is the intention of the General Assembly that nothing in this article shall be construed so as to authorize any electric membership corporation to own or operate a cable television system.   (Ga. L. 1981, p. 1587, § 2.)
GA Code § 46-3-179 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 3 - Electrical Service|Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives|Part 1 - General Provisions|§ 46-3-179. Validity of Transactions Entered Into Before July 1, 1981; Preservation of Rights, Duties, and Interests Arising From Such Transactions

 Transactions validly entered into before July 1, 1981, and the rights, duties, and interests flowing from them shall remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute repealed by this article as though such repeal had not occurred.   (Ga. L. 1981, p. 1587, § 3.)