reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 4 - ALLOCATION OF GAS AND ELECTRICITY TO PROTECT PUBLIC HEALTH AND SAFETY (§§ 46-2-70 — 46-2-72) › Section 46-2-72 - Immunity from liability of persons acting in accordance with ruling or order of commission entered pursuant to Code Section 46-2-71

Any person who supplies, furnishes, sells, limits, withholds, receives, or otherwise acts with respect to any utility service in accordance with a directive, ruling, or order entered by the commission pursuant to the authority granted by Code Section
46-2-71
will not be held liable to any other person by reason thereof in any action at law or in equity.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 5 - MISCELLANEOUS OFFENSES AND PENALTIES (§§ 46-2-90 — 46-2-95) › Section 46-2-90 - Liability of companies subject to jurisdiction of commission generally; venue for actions generally; award of attorney's fee

If any company under the jurisdiction of the commission does, causes to be done, or permits to be done any act which is prohibited, forbidden, or declared to be unlawful, or fails to do any act which is required either by a law of this state or by an order of the commission, such company shall be liable to the persons affected thereby for all loss, damage, or injury caused thereby or resulting therefrom. An action to recover for such loss, damage, or injury may be brought in any court of competent jurisdiction by any such person. In case of recovery, if the jury finds that such act or failure to act was willful, it may fix a reasonable attorney's fee, which shall be taxed and collected as part of the costs of the case.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 5 - MISCELLANEOUS OFFENSES AND PENALTIES (§§ 46-2-90 — 46-2-95) › Section 46-2-92 - Penalties recoverable by state through civil action

(a)
Every company under the jurisdiction of the commission, and all officers, agents, and employees of every such company, shall obey, observe, and comply with every order made by the commission under authority of law. Any company under the jurisdiction of the commission, or any officer, agent, or employee thereof, who or which violates any provision of this Code section, or who or which fails, omits, or neglects to obey, observe, and comply with any rule, regulation, order, direction, or requirement of the commission, shall forfeit to the state a sum of not more than $5,000.00 for each offense, the amount to be fixed by the presiding judge. Every violation of this Code section or any other Code section, or of any rule, regulation, order, direction, or requirement of the commission shall be a separate and distinct offense; in case of a continued violation, every day a violation thereof takes place shall be deemed a separate and distinct offense.
(b)
An action for the recovery of the penalty provided in subsection (a) of this Code section may be brought in the county of the principal office in this state of such company, or in the county of the state where such violation occurs and such wrong is perpetrated, or in any county in this state through which the company operates. Where the violation consists of an excessive charge for the carriage of freight or passengers or for any other service rendered, as such violation is described in Code Section
46-9-250
, an action may be brought in any county in which the charges are made, or through which counties it was intended that such passengers or freight should have been carried, or through which counties such company operates. Any action pursuant to this Code section shall be brought in the name of the state by direction of the Governor.
(c)
Any proceeding to enforce the penalty provided in subsection (a) of this Code section may be tried at the first term of the court to which it is brought and shall be given precedence over other business by the presiding judge. The court shall not be adjourned until such proceeding is legally continued or disposed of. The decision in such case may be taken to the Court of Appeals as in other cases.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 5 - MISCELLANEOUS OFFENSES AND PENALTIES (§§ 46-2-90 — 46-2-95) › Section 46-2-93 - Criminal penalty; venue for actions; calling of agents and employees of company as witnesses; use of testimony against agents and employees

Every officer, agent, or employee of any company under the jurisdiction of the commission who violates or procures, aids, or abets any violation by any such company of any provision of this title; or who fails to obey, observe, or comply with any order of the commission; or who aids or abets any such company in its failure to obey, observe, and comply with any such order, direction, or provision, shall be guilty of a misdemeanor. Such officer, agent, or employee shall be subject to prosecution in any county in which the company or the officer, agent, or employee violates any provision of this title or any provision of any order of the commission, or in any county through which the company operates. Such officer, agent, or employee shall also be subject to prosecution under this title in any county in which a subordinate agent or employee of the company violates any provision of this title, by the approval or direction, or in consequence of the approval or direction, of such officer, agent, or employee; and the agent or employee who locally in any county violates the rules or directions of said commission pursuant to the direction or authority of a superior officer may be called as a witness and be compelled to testify as to the authority by which he acted. Such testimony shall not be used against such subordinate employee or agent, nor shall he thereafter be subject to prosecution for said offense.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 5 - MISCELLANEOUS OFFENSES AND PENALTIES (§§ 46-2-90 — 46-2-95) › Section 46-2-94 - [Repealed] Operation as household goods carrier for hire without having valid certificate prohibited

Repealed and reserved by 2004 Ga. Laws 479, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 5 - MISCELLANEOUS OFFENSES AND PENALTIES (§§ 46-2-90 — 46-2-95) › Section 46-2-95 - Civil actions; standard for obtaining an injunction

The commission may bring a civil action to enjoin the violation of any law administered by the commission or any rule, order, or regulation established by the commission. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction under this Code section.
Added by 2002 Ga. Laws 499, § 5, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2A - ELECTRIC UTILITIES GENERALLY (§§ 46-2A-1 — 46-2A-2) › Section 46-2A-1 - Annual audit of affairs of electric utilities

(a)
Each electric utility shall provide for the appointment by its board of directors of an audit committee consisting solely of directors who are not officers or employees of the electric utility. Such audit committee shall make an annual examination into the affairs of the electric utility and report the result of such audit in writing to the board of directors at its next regular meeting.
(b)
The report provided for in subsection (a) of this Code section shall state whether the electric utility is in a sound condition and whether adequate internal audit controls and procedures are being maintained and shall recommend to the board of directors such changes in the manner of conducting the affairs of the electric utility as shall be deemed advisable. The board of directors shall report in writing to the commission that such audit has been made and reviewed by the board of directors.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2A - ELECTRIC UTILITIES GENERALLY (§§ 46-2A-1 — 46-2A-2) › Section 46-2A-2 - Management audit of electric utilities

(a)
Not more frequently than every five years, the commission shall cause to be performed a management audit of each electric utility to determine whether it is being managed in an efficient and effective manner.
(b)
The management audit provided for in this Code section shall be performed by a qualified and reputable management auditor of national reputation, to be selected by the commission from a list of not less than three such auditors, which list shall be made up by mutual agreement of the commission and the electric utility. The management auditor shall report the results of the audit to the commission.
(c)
In the event that the commission and the electric utility are unable to agree on a list of management auditors, either party may petition the Superior Court of Fulton County to select, within 30 days of filing, such a list after a hearing on the petition.
(d)
The audited electric utility shall pay for the management audit. The cost of the management audit shall be recognized by the commission as an operating expense of the utility; and the utility's rates shall be fixed by the commission to recover this retail expense amortized over such period as the commission may direct.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-1 - Short title

This part shall be known as the "Georgia Territorial Electric Service Act."
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-2 - Legislative findings and declaration of policy

The public interest requires, and it is declared to be the policy of the State of Georgia, that, in order (1) to assure the most efficient, economical, and orderly rendering of retail electric service within the state, (2) to inhibit duplication of the lines of electric suppliers, (3) to foster the extension and location of electric supplier lines in the manner most compatible with the preservation and enhancement of the state's physical environment, and (4) to protect and conserve lines lawfully constructed by electric suppliers, it is necessary and appropriate that the state establish and implement a plan whereby every geographic area within the state shall be either assigned to an electric supplier or declared unassigned as to any electric supplier; that, to accomplish such a plan, it is necessary that all electric suppliers within the state be subject to this part; that the commission be delegated power, authority, and jurisdiction with respect to such plan; and that all electric membership corporations and all municipalities which furnish retail electric service be additionally subject to regulation by the commission in the same manner as provided for regulation of electric light and power companies, except as to the fixing of their rates, charges, and service rules and regulations, it being determined by the General Assembly that such electric membership corporations and municipalities, which by their corporate nature are wholly or substantially controlled by their consumers, should for regulatory purposes be classified differently in certain respects from electric light and power companies.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-5 - Assignment of geographic areas within municipal limits as of March 29, 1973

Except as otherwise provided in subsection (a) of Code Section
46-3-8
, all geographic areas inside the corporate limits of every municipality, as such limits existed on March 29, 1973, are assigned to the primary supplier, subject to the rights and restrictions applying to electric suppliers owning lines therein, as follows: Based upon the location of all electric suppliers' lines therein on March 29, 1973, every secondary supplier shall have the exclusive right to extend and continue furnishing service to new premises locating therein at least partially within 300 feet of its line and wholly more than 300 feet from the lines of every other electric supplier; and shall have the right, if chosen by the consumer utilizing such premises, to extend and continue furnishing service to new premises locating therein at least partially within 300 feet of both its lines and the lines of any other electric supplier; but shall not otherwise have the right, unless so agreed by the primary supplier and by any other secondary supplier whose lines are located at least partially within 300 feet thereof and the consumer utilizing such premises, to extend and continue furnishing service to any other premises locating therein, which shall be the exclusive right of the primary supplier or such other secondary supplier, if such be the case.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-6 - Assignment and unassignment of geographic areas included within wholly new municipalities after March 29, 1973

As to geographic areas which, after March 29, 1973, are included within the initial limits of a wholly new municipality, the rights and restrictions applying to electric suppliers shall be as follows:
(1)
Any portion of such geographic area then already assigned to an electric supplier shall continue to be so assigned until and unless reassigned by the commission to another electric supplier pursuant to paragraph (1) of subsection (d) of Code Section
46-3-8
; and
(2)
Any portion of such geographic area which is then unassigned shall continue to be so unassigned until and unless it is assigned by the commission, taking into account the recommendation, if any, of the municipality itself, to an electric supplier pursuant to paragraph (2) of subsection (d) of Code Section
46-3-8
.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-9 - Limitation on power of electric membership corporations to furnish service within municipalities

Notwithstanding any other provision of law, no electric membership corporation shall be authorized or empowered to furnish service inside the corporate limits of any municipality except:
(1)
If it is already furnishing service therein on March 29, 1973, or if its lines become annexed, including annexation that may be caused by the merger, consolidation, or any other combination of a then existing municipality and one or more other geographically defined political subdivisions, if the resulting political subdivision constitutes a municipality as defined in Code Section
46-3-3
, or if its lines become included in a wholly new municipality, in any of which events the other relevant Code sections of this part shall apply and prevail;
(2)
To extend and furnish service initially inside a municipality the population of which at the time of such initial service is 1,500 or less, but not inconsistently with the other Code sections of this part; or
(3)
Notwithstanding paragraphs (1) and (2) of this Code section, if the municipality and all electric suppliers then furnishing service inside such municipality or furnishing electric service to the municipality at wholesale so consent.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-10 - Limitation on power of electric suppliers to condemn property of other electric suppliers

Notwithstanding any other provision of law, no electric supplier shall be authorized or empowered to exercise the power of eminent domain for the purpose of acquiring any property, whether real or personal, of another electric supplier which property is devoted to the public use in furnishing wholesale or retail electric service if such acquisition would destroy or unduly impair or interfere with the operation or use of such property by such other electric supplier.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-11 - Application by electric supplier of discriminatory rates, charges, or service rules or regulations; prohibited acts by electric suppliers generally

(a)
Every electric supplier is prohibited from having or applying any rate, charge, or service rule or regulation which unreasonably discriminates against or in favor of (1) any member of a class of consumers as opposed to any other consumer who is or should be in the same class of consumers for such purposes, or (2) any class of its consumers as opposed to another class of consumers for such purposes, provided that this prohibition shall not apply to any rate, charge, or service rule or regulation relating solely to service rendered by a municipality to consumers whose premises are located within its limits as they existed on March 29, 1973.
(b)
Notwithstanding any other provision of law, every electric supplier is prohibited from, directly or indirectly, by ordinance, law, policy, contract, rate, regulation, or otherwise:
(1)
Requiring that a consumer receive retail electric service from such electric supplier as a condition for such consumer to receive from such electric supplier or any other person any goods or other services that are not reasonably related to the furnishing of retail electric service to such consumer's premises;
(2)
Offering a consumer lesser charges or more favorable terms or conditions for retail electric service because of such consumer's receiving or agreeing to receive from such electric supplier any goods or other services that are not reasonably related to the furnishing of retail electric service to such consumer's premises;
(3)
Imposing higher charges for any goods or other services that are not reasonably related to the furnishing of retail electric service to a consumer's premises because of such consumer's failure or refusal to receive retail electric service from that supplier; or
(4)
Furnishing retail electric service to any premises which such electric supplier is not entitled to serve under this part.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-12 - Jurisdiction of commission over electric membership corporations

All electric membership corporations which furnish service in the State of Georgia and all municipalities, whether incorporated by this state or not, which furnish service inside the state shall, in addition to the manner and extent otherwise provided for in this part, be subject to the authority and jurisdiction of the commission in the same manner as electric light and power companies are subject under other laws of the State of Georgia and regulations of the commission pursuant thereto, provided that the rates, charges, and service rules and regulations of electric membership corporations and municipalities shall be filed with the commission and shall be subject to Code Section
46-3-11
but shall not otherwise be fixed by the commission; provided, further, that securities issued by a municipality relating solely to service rendered inside its limits as they existed on March 29, 1973, shall not be subject to regulation by the commission; provided, further, that service rendered by any electric supplier shall be made pursuant to and consistent with its rates, charges, and service rules and regulations then in effect.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-13 - Enforcement of part by commission

At any time, upon its own complaint or the complaint of any other electric supplier or any other interested party, the commission shall have the authority and jurisdiction, after notice to all affected electric suppliers and other interested parties, and after a hearing, to enforce the provisions of this part by appropriate orders.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-14 - Effect of part on municipal police powers over erection and maintenance of electric wires, poles, and other facilities of electric suppliers in streets, alleys, and public ways

(a)
No provision of this part shall restrict the reasonable exercise of the police power of a municipality over the erection and maintenance of poles, wires, and other facilities of electric suppliers in streets, alleys, and public ways.
(b)
No municipality may, by unreasonably withholding or conditioning right of way easements or franchises, defeat, impair, or interfere with the rights and restrictions applying to electric suppliers therein as provided for in this part. Rather, any secondary supplier within a municipality existing on March 29, 1973, and any electric supplier other than the primary supplier within any geographic area thereafter annexed to such municipality, shall pay the municipality for street franchise rights a sum of money calculated and payable in the same manner and on the same basis as is utilized with respect to the payment, if any, by the primary supplier (other than the municipality itself) for the same or substantially identical rights. In addition, any electric supplier within a wholly new municipality at the time such municipality comes into existence or thereafter which does not serve a majority or plurality of the retail electric meters inside the limits of such municipality shall pay such municipality for street franchise rights a sum of money calculated and payable in the same manner and on the same basis as is utilized with respect to the payment, if any, by the electric supplier (other than the municipality itself) which serves a majority or plurality, whichever is the case, of the retail electric meters inside the limits of such municipality for the same or substantially identical rights.
(c)
No provision of this part shall abolish the power of any incorporated municipality pursuant to paragraph (7) of Code Section
36-34-2
or any other provision of law to grant street franchises; nor shall any provision of this part abolish the requirement, to the extent existing on March 29, 1973, that any electric supplier must obtain such a franchise in order to use and occupy streets of an incorporated municipality for the purpose of rendering utility services.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 1 - ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS (§§ 46-3-1 — 46-3-15) › Section 46-3-15 - Effect of part on charges of public utilities owned or operated by counties or municipalities

No provision of this part, and no application thereof, shall be construed in any way to regulate or fix charges of county owned or operated or municipality owned or operated public utilities, as prohibited by Article III, Section VI, Paragraph V(d) of the Constitution of Georgia.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-30 - Short title

This part shall be known and may be cited as the "High-voltage Safety Act."
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-31 - Purpose of part

The purpose of this part is to prevent injury to persons and property and interruptions of utility service resulting from accidental or inadvertent contact with high-voltage electric lines by providing that no work shall be done in the vicinity of such lines unless and until the owner or operator thereof has been notified of such work and has taken one of the safety measures prescribed in this part.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-32 - Definitions

As used in this part, the term:
(1)
"High-voltage lines" means an electric line or lines installed above ground level having a voltage in excess of 750 volts between conductors or from any conductor to ground.
(2)
"Notice" means actual notification given to the center.
(3)
"Person responsible for the work" means the person actually doing the work as well as any person, firm, or corporation who employs and carries on his payroll any person actually doing the work or who employs a subcontractor who actually does the work; provided, however, that this term does not mean one who is exempted under Code Sections
46-3-37
and
46-3-38
.
(4)
"Utilities protection center" or "center" means the corporation or other organization formed by utilities which receives advance notifications regarding work and distributes such notifications to its utility members.
(5)
"Utility" means any person operating or maintaining high-voltage lines within the state.
(6)
"Work" means the physical act of performing or preparing to perform any activity under, over, by, or near high-voltage lines, including, but not limited to, the operation, erection, handling, storage, or transportation of any tools, machinery, ladders, antennas, equipment, supplies, materials, or apparatus or the moving of any house or other structure whenever such activity is done by a person or entity in pursuit of his trade or business.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-33 - Required conditions for commencing work within ten feet of high-voltage line

No person, firm, or corporation shall commence any work as defined in paragraph (6) of Code Section
46-3-32
if at any time any person or any item specified in paragraph (6) of Code Section
46-3-32
may be brought within ten feet of any high-voltage line unless and until:
(1)
The person responsible for the work has given the notice required by Code Section
46-3-34
; and
(2)
The owner or operator of such high-voltage line has effectively guarded against danger from accidental contact by either deenergizing and grounding the line, relocating it, or installing protective covering or mechanical barriers, whichever safeguard is deemed by the owner or operator to be feasible under the circumstances.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-34 - Utilities protection center; funding of activities; notice of work; delay; responsibility for completing safety requirements

(a)
All utilities shall organize, participate as members in, and cooperate with the utilities protection center. In lieu of organizing a new center, if the organization defined as the Utilities Protection Center (UPC) in Code Section
25-9-3
undertakes to serve as the utilities protection center referred to in this part, it may do so and no duplicative center shall thereafter be established. The activities of the center relating to high-voltage lines shall be funded by all utilities.
(b)
Where work is to be done, the person responsible for such work shall give notice to the utilities protection center during its regular business hours at least 72 hours, excluding weekends and holidays, prior to commencing such work and such notice shall:
(1)
Describe the tract or parcel of land upon which the work to be done is to take place with sufficient particularity to enable the owner or operator of the high-voltage lines to ascertain the precise tract or parcel of land involved;
(2)
State the name, address, and telephone number of the person who will be in charge of the work;
(3)
Describe the type of work to be engaged in by the person; and
(4)
Designate the date upon which the work will commence and will be completed.
(c)
After receipt of the notice required by subsection (b) of this Code section, the owner or operator of the high-voltage line shall contact the person whose name is given as required by paragraph (2) of subsection (b) of this Code section within a reasonable time, so that appropriate satisfactory arrangements can be made for the completion of the safety precautions required by Code Section
46-3-33
, including coordination of work schedules and payment of costs required to effect such safety precautions. Upon completion of such arrangements, the owner or operator of such high-voltage line shall effect such safety precautions within a reasonable time.
(d)
If, after such arrangements are made, a delay in commencing the work is encountered, then the person responsible for the work shall be required to give a new notice as specified in subsection (b) of this Code section.
(e)
The person responsible for the work shall be responsible to assure that the safety requirements of Code Section
46-3-33
are completed prior to the commencement of any such work.
Amended by 2022 Ga. Laws 777,§ 2, eff. 9/1/2022.
Amended by 2001 Ga. Laws 2, § 46, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-35 - Allocation of expense of precautionary measures taken pursuant to public highway construction

Where, during any public highway construction, any temporary precautionary measure is required by this part to guard against accidental contact with high-voltage lines that are located upon public highways or roads which are owned by this state or a county thereof and which are located outside the corporate limits of any municipality, the expense of such temporary precautionary measure shall be borne by the owner or operator of such lines, provided that such construction is undertaken pursuant to a permit issued by the state or county, for which permit neither the state nor the county received consideration. The person responsible for the work nevertheless shall not commence any work until he has given notice as required by Code Section
46-3-34
and the safety precautions required by Code Section
46-3-33
have been effected.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-37 - Applicability of part to railway systems, electrical engineering system or other entities

(a)
This part shall not be construed as applying to the construction, reconstruction, operation, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers. Specifically, this part shall not be construed as applying to the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment for rail transportation systems or for electrical generating, transmission, and distribution systems or for communication systems, when such work is performed by authorized and qualified employees of any person engaged in such work.
(b)
When applied to railway systems, the exception provided in this Code section shall be construed as permitting operation of standard rail equipment which is normally used in the transportation of freight or passengers, or both, or in the operation of relief trains or other equipment in emergencies, or in the maintenance of way service, at a distance of less than ten feet from any high-voltage conductor of such railway system; provided, however, that normal repair or construction operations at a distance of less than ten feet from any high-voltage conductor by other than properly qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved is prohibited, unless there has been compliance with the safety provisions of Code Section
46-3-33
.
(c)
Any telephone company or other entity which has a joint use contract with an electric company is specifically exempted from this part.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-38 - Applicability of part to moving or transportation of houses or buildings

In addition to the exceptions set forth in Code Section
46-3-37
, this part shall not be construed as applying to and shall not apply to the moving or transportation of houses or buildings or parts thereof when such moving is under the jurisdiction of, and is undertaken pursuant to authority granted by, the Department of Public Safety.
Amended by 2012 Ga. Laws 632,§ II-15, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-39 - Restriction on liability of owners and operators of high-voltage lines; effect of part on duty or degree of care

(a)
The owner or operator of high-voltage lines shall not be liable for damage or loss to person or property resulting from work within ten feet of high-voltage lines unless notice has been given as required by Code Section
46-3-34
and the owner or operator of the high-voltage line has failed to comply with the provisions of Code Section
46-3-33
.
(b)
Except as provided in subsection (a) of this Code section, nothing in this part shall be construed or applied so as to limit or reduce the duty or degree of care applicable to owners or operators of high-voltage lines with respect to damage or loss to person or property.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 2 - HIGH-VOLTAGE SAFETY (§§ 46-3-30 — 46-3-40) › Section 46-3-40 - Criminal penalty; strict liability for injury or damage; indemnification; liability for cost of delay

(a)
Any person responsible for the work who violates any of the provisions of this part shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable for a fine of $1,000.00 for a first offense and $3,000.00 for a second or subsequent offense.
(b)
Any person responsible for the work who violates the requirements of Code Section
46-3-33
and whose subsequent activities within the vicinity of high-voltage lines result in damage to utility facilities or result in injury or damage to person or property shall be strictly liable for said injury or damage. Any such person shall also indemnify the owner or operator of such high-voltage lines against all claims, if any, for personal injury, including death, property damage, or service interruptions, including costs incurred in defending any such claims resulting from work in violation of Code Section
46-3-33
.
(c)
In the event the owner or operator of the high-voltage line fails to effect the safeguards required by Code Section
46-3-33
within a reasonable time after notice is given and appropriate arrangements are made pursuant to Code Section
46-3-34
, such owner or operator shall be liable for the reasonable costs incurred by any such delay.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 3 - THE GEORGIA COGENERATION AND DISTRIBUTED GENERATION ACT OF 2001 (§§ 46-3-50 — 46-3-56) › Section 46-3-50 - Short title

This part shall be known and may be cited as "The Georgia Cogeneration and Distributed Generation Act of 2001."
Amended by 2001 Ga. Laws 352, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 3 - THE GEORGIA COGENERATION AND DISTRIBUTED GENERATION ACT OF 2001 (§§ 46-3-50 — 46-3-56) › Section 46-3-51 - Legislative determinations and declarations

(a)
The legislature finds that it is in the public interest to:
(1)
Encourage private investment in renewable energy resources;
(2)
Stimulate the economic growth of Georgia; and
(3)
Enhance the continued diversification of the energy resources used in Georgia.
(b)
The General Assembly further finds and declares that a program to provide distributed generation for eligible cogenerators is a way to encourage private investment in renewable energy resources, stimulate in-state economic growth, enhance the continued diversification of this state's energy resource mix, and reduce interconnection and administrative costs.
Amended by 2001 Ga. Laws 352, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 3 - THE GEORGIA COGENERATION AND DISTRIBUTED GENERATION ACT OF 2001 (§§ 46-3-50 — 46-3-56) › Section 46-3-52 - Jurisdiction of commission over cogeneration facility the energy from which is used solely by operator

As used in this part, the term:
(1)
"Bidirectional metering" means measuring the amount of electricity supplied by an electric service provider and the amount fed back to the electric service provider by the customer's distributed generation facility using the same meter.
(2)
"Cogeneration facility" means a facility, other than a distributed generation facility, which produces electric energy, steam, or other forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.
(3)
"Commission" means the Georgia Public Service Commission.
(4)
"Customer generator" means the owner and operator of a distributed generation facility.
(5)
"Distributed generation facility" means a facility owned and operated by a customer of the electric service provider for the production of electrical energy that:
(A)
Uses a solar Photovoltaic system, fuel cell, or wind turbine;
(B)
Has a peak generating capacity of not more than 10kw for a residential application and 100kw for a commercial application;
(C)
Is located on the customer's premises;
(D)
Operates in parallel with the electric service provider's distribution facilities;
(E)
Connected to the electric service provider's distribution system on either side of the electric service provider's meter; and
(F)
Is intended primarily to offset part or all of the customer generator's requirements for electricity.
(6)
"Electric membership corporation" means a corporation organized under Article 2 of this chapter.
(7)
"Electric service provider" means any electric utility, electric membership corporation, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state.
(8)
"Electric supplier" means any electric utility, electric membership corporation furnishing wholesale service, any municipal electric utility or any other person which furnishes wholesale service to any municipality, and the Tennessee Valley Authority.
(9)
"Electric utility" means any retail supplier of electricity whose rates are fixed by the commission.
(10)
"Municipal electric utility" means a city or town that owns or operates an electric utility.
(11)
"Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.
(12)
"Renewable energy sources" means energy supplied from technologies as approved in the Georgia Green Pricing Accreditation Program.
Amended by 2001 Ga. Laws 352, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 3 - THE GEORGIA COGENERATION AND DISTRIBUTED GENERATION ACT OF 2001 (§§ 46-3-50 — 46-3-56) › Section 46-3-53 - Jurisdiction of commission over cogeneration facilities

(a)
Any person may operate a cogeneration facility without being subject to the jurisdiction or regulation of the commission if such person uses all of the electric energy, steam, or other form of useful energy produced at such cogeneration facility. The electric energy shall not be sold to any other person except as provided in subsection (b) of this Code section.
(b)
Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to the jurisdiction or regulation of the commission; provided, however, that nothing in this article shall except a person from compliance with federal law.
Amended by 2002 Ga. Laws 462, § 46, eff. 4/18/2002.
Amended by 2001 Ga. Laws 352, §1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 3 - ELECTRICAL SERVICE (§§ 46-3-1 — 46-3-541) › Article 1 - GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY (§§ 46-3-1 — 46-3-69.1) › Part 3 - THE GEORGIA COGENERATION AND DISTRIBUTED GENERATION ACT OF 2001 (§§ 46-3-50 — 46-3-56) › Section 46-3-54 - Electric service providers; rates and fees

An electric service provider:
(1)
Shall make either bidirectional metering or single directional metering available to customer generators depending on how the distributed generation facility is connected to the distribution system of the electric service provider;
(2)
Shall enter into a written agreement with the customer generator to charge the customer generator the rate established by the commission, or the appropriate governing body, in the case of any other electric service provider or electric supplier, for metering services;
(3)
In setting the fees for metering service, the commission, or the appropriate governing body, in the case of any other electric service provider or electric supplier, will include the direct costs associated with interconnecting or administering metering services or distributed generation facilities and will not allocate these costs among the utility's entire customer base; and
(4)
In establishing such a fee for metering services, the electric service provider shall not charge the customer generator any standby, capacity, interconnection, or other fee or charge, other than a monthly service charge, unless agreed to by the customer generator or approved by the commission, in the case of an electric utility, or the appropriate governing body, in the case of any other electric service provider or electric supplier.
Added by 2001 Ga. Laws 352, § 1, eff. 7/1/2001.