reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-108 - Lost, stolen, or mutilated bond certificates

(a)
If any bond becomes mutilated or is lost, stolen, or destroyed, the authority may execute and deliver, and the trustee may authenticate, a new bond of like date of issue, maturity date, principal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or destroyed; which new bond shall have the same provisions in all respects as those on the bond mutilated, lost, stolen, or destroyed, provided that:
(1)
In the case of any mutilated bond, such bond is first surrendered to the authority or to the trustee;
(2)
In the case of any lost, stolen, or destroyed bond, there is first furnished evidence of such loss, theft, or destruction satisfactory to the authority and the trustee, together with indemnity satisfactory to the authority and the trustee;
(3)
All other reasonable requirements of the authority and the trustee are complied with; and
(4)
Expenses in connection with such transaction are paid.
(b)
Any bonds surrendered for exchange shall be canceled.
(c)
The authority shall be authorized to print the new bond with the validation certificate bearing the facsimile signature of the clerk of the superior court then in office, and such certificate shall have the same force and effect as in the first instance. All responsibility with respect to the issuance of any such new bonds shall be with the authority and not with such clerk; and such clerk shall have no liability in the event an overissuance occurs.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-109 - Interest on bonds after due date

Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for such bond and for the accrued interest thereon shall continue until such bond is 20 years overdue for payment. At that time, unless demand for payment has been made, such obligation shall be extinguished and shall be deemed no longer outstanding.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-110 - Cancellation or destruction of retired bonds

Unless otherwise directed by the authority, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked "canceled" and shall be delivered by the paying agent making payment thereof to the authority, whereupon the evidence of indebtedness or the interest coupon shall be destroyed and a certificate of destruction shall be filed in the records of the authority.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-111 - Records of bond and note transactions required

The fiscal officer of the authority or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, destruction, and every other relevant transaction.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-112 - Paying agents

The authority may appoint one or more paying agents for each issue or series or installment of bonds. Every such paying agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust business. The authority may make such provisions respecting paying agents as it deems necessary or useful and may enter into a contract with any paying agents containing such terms, including its compensation, and such conditions in regard to the paying agents as the authority deems necessary or useful.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-113 - Bond anticipation notes

(a)
The authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in Code Section
46-4-101
, to issue from time to time its negotiable notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, regardless of whether the notes to be renewed have matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds.
(b)
Any resolution authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution authorizing bonds of the authority or any issue thereof; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds.
(c)
All notes shall be general obligations of the authority, payable out of any of its funds or revenues, subject only to any contractual rights of the holders of any of its notes or other obligations then outstanding, provided that there may be specially pledged to the payment of such notes the proceeds to be derived from the issuance of the validated bonds in anticipation of the issuance of which the notes have been issued.
(d)
Validation of such bonds shall be a condition precedent to the issuance of such notes, but it shall not be required that such notes be judicially validated.
(e)
Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-114 - Negotiability of bonds

Notwithstanding any other law to the contrary, every evidence of indebtedness issued under this article shall have all the rights and incidences of negotiable instruments, subject to provisions for registration.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-115 - Liability of authority members, political subdivisions, and state

(a)
Neither the members of the authority nor any person executing bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof.
(b)
Neither the revenue bonds or notes issued under this article nor the instruments evidencing the obligations which constitute the security therefor shall constitute a debt of, a loan by, or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof. Rather, such bonds and notes shall be payable from the revenues of the authority as provided in the resolutions, trust agreements, or indentures authorizing or securing the issuance and payment of such bonds or notes. The issuance of such bonds or notes shall not obligate the state or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or note, and no receiver or trustee in connection therewith, shall have the right to enforce the payment of the bond or note against any property of the state or of any political subdivision thereof; nor shall any such bond or note constitute a charge, lien, or encumbrance, whether legal or equitable, upon any such property.
(c)
All such bonds and notes shall contain on their face a recital setting forth the complete immunity of the state and any political subdivisions from liability thereon, which recital shall contain substantially the foregoing provisions of this Code section.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-116 - Impairment of contracts

While any of the bonds or notes issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interest and rights of the owners of such bonds or notes; and no other authority, instrumentality, or body will be created or empowered to compete with the authority so as to affect adversely the interests and rights of the owners of such bonds or notes; nor will the state itself so compete with the authority. This article shall be for the benefit of the state, the authority, and every owner of the authority's bonds and notes and, upon and after the issuance of bonds or notes under this article, shall constitute an irrevocable contract by the state with the owners of such bonds and notes.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-119 - Revenues held in trust for bondholders

All funds received pursuant to authority of this article, whether as proceeds from the sale of revenue bonds or as revenues, fees, tolls, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided in this article. The bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided in any such resolution, trust agreement, or indenture of the authority.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-120 - Annual audit

The authority, together with all funds established in connection with its debt, shall be audited no less frequently than annually by an independent certified public accountant to be selected by the authority. Copies of such audit shall be available upon request to interested parties, including, but without limitation, the holders of the authority's bonds and all parties contracting with the authority.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-121 - Jurisdiction for rights protection or enforcement actions

(a)
Except as provided in subsection (b) of this Code section, any action to protect or enforce any rights under this article brought in the courts of this state shall be brought in the superior court of the county in which the principal office of the authority is located.
(b)
Any action pertaining to validation of the bonds issued under this article and pertaining to validation of the contracts constituting security for bonds shall be brought in the Superior Court of Fulton County. That court shall have exclusive original jurisdiction of any such action.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-122 - Exemption from regulation by Public Service Commission

(a)
The rates, services, and practices relating to the exploration, manufacture, development, storage, production, transmission, and sale by the authority of gas as authorized by this article shall not be subject to the provisions of the Georgia Public Service Commission law nor to regulation.
(b)
The provisions of this article do not, and are not intended to, increase or diminish the authority and jurisdiction of the Public Service Commission with respect to the distribution, sale, or transmission of gas by any county, municipal corporation, or other political subdivision of this state.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-123 - Conduct of meetings; records

Meetings of the authority shall be subject to Chapter 14 of Title 50. All records of the authority shall be subject to Article 4 of Chapter 18 of Title 50.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-124 - Effect of other laws

The provisions of this article shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers conferred by any other law.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 4 - MUNICIPAL GAS AUTHORITY OF GEORGIA (§§ 46-4-80 — 46-4-125) › Section 46-4-125 - Liberal construction

This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-150 - Short title

This article shall be known and may be cited as the "Natural Gas Competition and Deregulation Act."
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-158 - Obligations of an electing distribution company; conditions

(a)
An electing distribution company which provides firm distribution service under this article must:
(1)
Offer an allocation of such distribution service to marketers separately from any commodity sales service or other service;
(2)
Provide such allocation of such distribution service to marketers without undue discrimination or preference, including undue discrimination or preference in the quality of service provided, the duration of service, the categories, prices, or volumes of natural gas to be distributed, customer classification, or other undue discrimination or preference of any kind;
(3)
Provide all marketers with equal and timely access to information relevant to the availability of such service, including without limitation the availability of capacity at delivery points, through the use of an electronic bulletin board; and
(4)
Cooperate with each certificated marketer and each regulated provider of natural gas to achieve the intentions of this article set out in subsection (b) of Code Section
46-4-151
.
(b)
An electing distribution company may impose reasonable operational conditions on any firm distribution service provided to marketers under this article. Such conditions must be filed by the electing firm distribution company as part of its firm distribution tariff.
(c)
An electing distribution company which allocates firm distribution service to marketers under this article is not required to provide any requested firm distribution service for which capacity is not available or that would require the construction or acquisition of any new facilities.
Amended by 2002 Ga. Laws 499, § 14, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-158.2 - Rules governing marketer's terms of service

The commission shall by September 1, 2002, adopt rules governing a marketer's terms of service for natural gas consumers. Such rules shall provide, without limitation, that:
(1)
Each retail natural gas marketer shall establish policies and procedures for handling billing disputes and requests for payment arrangements, which must be approved by the commission;
(2)
A marketer's advertised prices shall reflect the prices or the pricing methodology in disclosure statements and billed prices and shall be presented in the standard pricing unit of the electing distribution company;
(3)
The consumer shall have a right to contact the commission if he or she is not satisfied with the response of the marketer;
(4)
Marketers shall provide all consumers with a three-day right of rescission following the receipt of the disclosure statement, which shall be provided to consumers at times specified in rules and regulations of the commission. Consumers may cancel an agreement in writing or electronically by contacting the marketer;
(5)
Whenever a marketer offers a fixed term agreement and the expiration date of such agreement is approaching, or whenever a marketer proposes to change its terms of service under any type of agreement, the marketer shall provide written notification to the natural gas consumer, clearly explaining the consumer's options at that point, including, but not limited to, the option to seek another marketer;
(6)
A marketer shall not charge cancellation fees to a low-income residential consumer seeking service for the first time from the regulated provider;
(7)
Gas service to a consumer shall be disconnected only for failure to pay for service from the consumer's current marketer. A marketer may not request disconnection of service for nonpayment of a bill which was not sent to the consumer in a timely manner. Every marketer shall be required to offer at least one reasonable payment arrangement in writing to a consumer prior to requesting that such consumer be disconnected for failure to pay. Disconnection of service to a consumer is authorized no earlier than 15 days after a notice that service will be disconnected;
(8)
Marketers shall be prohibited from sending estimated bills to natural gas consumers; provided, however, that when information from actual meter readings is not made available by the electing distribution company or any other party authorized to perform meter reading, marketers may send an estimated bill for not more than two consecutive months; and
(9)
No marketer shall be authorized to prevent a consumer from obtaining distribution and commodity sales service from another marketer or provider.
Amended by 2015 Ga. Laws 187,§ 38, eff. 7/1/2015.
Added by 2002 Ga. Laws 499, § 15, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-158.4 - Authority to establish minimum standards for nonresidential customers

The commission shall by September 1, 2002, adopt rules establishing minimum standards for a marketer's terms and conditions of service for various classes of firm retail customers that are nonresidential and small businesses. In defining such classes, the commission may consider relevant factors, including but not limited to consumption history, estimated usage, and the size of the customer.
Added by 2002 Ga. Laws 499, § 15, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-158.5 - Continuing review by commission

The commission shall continually review marketers' compliance with rules promulgated in accordance with Code Sections
46-4-158.2
,
46-4-158.3
, and
46-4-158.4
.
Added by 2002 Ga. Laws 499, § 15, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-160.1 - Dispute resolution between marketer and retail customer; reporting to credit bureaus

In any case where there is a dispute between a marketer and a retail customer concerning the amount of a gas bill, the marketer shall be required to confer by telephone or some other verifiable means with the retail customer in an attempt to resolve such dispute. In case of any such dispute the marketer shall be prohibited from reporting the name of a retail customer to any consumer reporting agency as defined in Section 603(f) of the federal Fair Credit Reporting Act until the marketer has conferred with the retail customer and has complied in all respects with all applicable provisions of this article and the rules and regulations of the commission or has obtained a judgment against the retail customer.
Added by 2001 Ga. Laws 338, § 4, eff. 4/27/2001.
Added by 2001 Ga. Laws 369, § 4, eff. 4/28/2001.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-160.2 - Requirements of marketer for billing errors; requiring written request for credit or refund prohibited

(a)
Whenever a marketer discovers or has called to its attention a billing error or other mistake reported to or acknowledged by the marketer, the marketer shall have 30 days to correct the billing error from the date said error is reported to or acknowledged by the marketer. If the marketer does not correct the billing error, the burden of proof shall be on the marketer to show why the bill is correct. During the period the billing error is being disputed, the marketer shall neither impose a late fee or penalty on the disputed amount nor initiate an action to disconnect the customer's service or collect on the past due balance, if the disputed amount constitutes the total amount of the past due balance. In the event the billing error results in an overpayment by a retail customer of said marketer, such marketer shall be required automatically and immediately to provide:
(1)
A credit of the amount of the overpayment to the account of the customer; or
(2)
A refund of the amount of the overpayment to the customer.
(b)
A marketer shall be prohibited from requiring a retail customer to whom it owes a credit or refund to submit in writing a request for such credit or refund before the marketer complies with the provisions of subsection (a) of this Code section. All credits to the account of the customer or refunds to the customer shall be made within 60 days after the overpayment has been acknowledged or admitted to by the marketer.
Amended by 2002 Ga. Laws 499, § 17, eff. 4/25/2002.
Added by 2001 Ga. Laws 338, §4, eff. 4/27/2001.
Added by 2001 Ga. Laws 369, §4, eff. 4/28/2001.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-160.3 - Voluntary contributions for low-income residential customers

In order to assist low-income residential consumers, the commission may establish a system by which each marketer's customers may make voluntary contributions to assist low-income residential consumers. Contributions received by a marketer shall be deposited in the universal service fund to be used to assist low-income residential consumers.
Added by 2002 Ga. Laws 499, § 18, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-160.4 - [Repealed] Natural Gas Consumer Education Advisory Board; membership; responsibilities

Repealed and reserved by 2008 Ga. Laws 758,§ 9, eff. 5/14/2008.
Added by 2002 Ga. Laws 499, § 18, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-160.5 - Retail customer recovery for violations

(a)
Any retail customer who is damaged by a marketer's violation of any provision of Code Section
46-4-160
, any duly promulgated rules or regulations issued under such Code section, or any commission order shall be entitled to maintain a civil action and shall be entitled to recover actual damages sustained by the retail customer, as well as incidental damages, consequential damages, reasonable attorney's fees, and court costs.
(b)
Any violation of Code Section
46-4-160
or any duly promulgated rules or regulations issued under such Code section is declared to be a violation of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." Any remedy available under such part shall be available to any retail customer and any action by the Attorney General that such part authorizes for a violation of such part shall be authorized for violation of Code Section
46-4-160
or any duly promulgated rules or regulations issued under such Code section. This subsection shall not be construed to provide that other violations of this article or rules promulgated under this article are not violations of such part.
(c)
The provisions of this Code section shall apply to violations of subsections (g) and (h) of Code Section
46-4-156
, Code Sections
46-4-158.2
,
46-4-160.1
, and
46-4-160.2
, and substantial violations of Code Section
46-4-158.3
.
Amended by 2015 Ga. Laws 187,§ 41, eff. 7/1/2015.
Amended by 2004 Ga. Laws 564, § 46, eff. 5/13/2004.
Added by 2002 Ga. Laws 499, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-162 - Commission's authority to approve certain pilot programs

Nothing in this article shall be construed to prohibit the commission from approving, upon application by a gas company, pilot programs which allow increased customer choice on such gas company's distribution system but which are not otherwise subject to the provisions of this article.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-163 - Special or negotiated contracts valid

Any special or negotiated contract between a gas company and a retail customer approved by the commission shall not be invalidated or modified by the provisions of this article.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4 - DISTRIBUTION, STORAGE, AND SALE OF GAS (§§ 46-4-1 — 46-4-166) › Article 5 - NATURAL GAS COMPETITION AND DEREGULATION ACT (§§ 46-4-150 — 46-4-166) › Section 46-4-165 - Annual reports

The commission shall report to the General Assembly annually through the year 2002 on the status of the transition to competitive markets for natural gas services in Georgia.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-1 - Short title

This chapter shall be known and may be cited as the "Residential Conservation Service Act of 1981."
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-2 - Legislative findings; declaration of policy

The General Assembly finds that the rising cost and uncertain supply of energy resources require an active program of energy conservation assistance, especially for the residential sector, which often has limited access to expert advice on energy conservation. In response to this need and to the mandate of the National Energy Conservation Policy Act, P.L. 95-619, the former Office of Energy Resources, now the Division of Energy Resources of the Georgia Environmental Finance Authority, on behalf of the Office of Planning and Budget, has developed the state plan for the Residential Conservation Service, which requires certain utilities to offer home energy audits and related services to residential customers. Further, the General Assembly finds that in order to ensure the implementation of the state plan for the Residential Conservation Service and avoid the imposition of the federal plan, adequate authority for state enforcement of the state plan must be instituted. Therefore, in order to provide Georgia's regulated utilities and their customers with the most appropriate and flexible plan for carrying out the Residential Conservation Service, the General Assembly declares that the Office of Planning and Budget shall be authorized to promulgate regulations to establish the Residential Conservation Service and provide for its enforcement.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-3 - Definitions

As used in this chapter, the term:
(1)
"Covered utility" means a utility which is regulated in rate-making matters by the commission and which in any calendar year had retail sales of natural gas in excess of 10 billion cubic feet or of electricity in excess of 750 million kilowatt hours during the second preceding calendar year.
(2)
"Director" means the director of the Office of Planning and Budget or his designee.
(3)
"Person" means any individual, corporation, partnership, association, state, municipality, or political subdivision of a state; any agency, department, or instrumentality of the United States; or any other entity, and includes any officer, agent, or employee of any of the above.
(4)
"Program" means the Residential Conservation Service program, established under the National Energy Conservation Policy Act (P.L. 95-619), as amended.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-4 - Powers and duties of director generally

The director shall have and may exercise the following powers and duties:
(1)
To adopt, modify, repeal, and promulgate, after consultation with all affected parties and due notice and public hearings held in accordance with and established pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," rules and regulations for the establishment and implementation of the Residential Conservation Service program. The initial proposed regulations shall be based upon the state plan for the Residential Conservation Service as approved by the United States Department of Energy and shall include provisions for:
(A)
Identification of covered utilities;
(B)
Utility responsibilities, such as:
(i)
Providing program information for customers;
(ii)
Performance of on-site energy audits;
(iii)
Arranging financing and installation;
(iv)
Distribution of lists of contractors, suppliers, and lenders;
(v)
Conducting inspections of installed measures;
(vi)
Determining qualifications of auditors and inspectors; and
(vii)
Establishing record keeping, financial accounting, and reporting requirements;
(C)
Development and maintenance of master records of contractors, suppliers, and lenders;
(D)
Consumer complaint mechanisms;
(E)
Utility supply, installation, and financing of energy products;
(F)
Coordination with affected agencies, especially the commission and the office of the Attorney General;
(G)
Compliance and enforcement procedures; and
(H)
Other program elements required by federal law;
(2)
To administer and enforce this chapter and all rules and regulations and orders promulgated hereunder;
(3)
To receive and administer any federal funding available for the purposes of this chapter; and
(4)
To amend the regulations promulgated under this chapter to conform to any future changes in the federal law and regulations governing the program.
Amended by 2015 Ga. Laws 187,§ 42, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-5 - Inspections and investigations by director; enforcement of chapter by director

(a)
The director shall have the authority to investigate the activities of the covered utilities in order to ascertain whether they are in compliance with this chapter and the rules and regulations and orders promulgated hereunder. Such investigations may include routine inspections and inspections arising as a result of information indicating that a violation may have occurred.
(b)
The director shall have the authority to take any action authorized by this chapter which he deems necessary to enforce this chapter.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-6 - Proceedings before the director

(a)
Whenever the director has reason to believe that a violation of any provision of this chapter or any rule or regulation adopted pursuant to this chapter has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion. When a remedy is obtained through conference, conciliation, or persuasion, such remedy may be set out in a written consent order and signed by both the director and the violator or violators. A written consent order shall be considered a final order.
(b)
In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may, after notice and hearing, issue a final order directed to such violator or violators, which order shall specify the provisions of the chapter or rule or regulation which have been violated and shall direct that necessary corrective action as prescribed in such order be taken within a reasonable time.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-7 - Injunctions, restraining orders, and other orders

Whenever, in the judgment of the director, any covered utility has engaged in or is about to engage in any act or practice which constitutes or will constitute a violation of this chapter, the director may make application to the superior court wherein the covered utility maintains its principal place of business, or, if a nonresident of the state, to the superior court of the county where such covered utility is engaged in or is about to engage in such act or practice, for an order restraining and enjoining such act or practice; and upon a showing by the director that such covered utility has engaged in or is about to engage in any such act or practice, a temporary or permanent injunction, restraining order, or other order shall be granted without the necessity of showing the lack of an adequate remedy at law.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-8 - Commencement and conducting of hearings in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."

All hearings under this chapter shall be commenced and conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-9 - Judicial review

Any person who has exhausted all administrative remedies available before the director and who is aggrieved by a final order or action in a contested case is entitled to judicial review under this chapter. All proceedings for judicial review shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; and any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from the superior courts to the appellate courts of this state.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-10 - Duty of Attorney General to represent director in actions

It shall be the duty of the Attorney General or his representative to represent the director in all actions in connection with this chapter.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-11 - Scope of director's authority to administer chapter relative to federal law

Nothing contained in this chapter shall authorize the director to establish or maintain the Residential Conservation Service program or otherwise administer this chapter except to the extent necessary to avoid the imposition of a federal program pursuant to the National Energy Conservation Policy Act (P.L. 95-619).
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-12 - Construction of chapter

No provision of this chapter or any rules or regulations or orders hereunder shall be construed to be a limitation:
(1)
On the activities of any privately or publicly owned utility which is not a covered utility;
(2)
On the activities of covered utilities, when such activities are not subject to this chapter;
(3)
On the activities of contractors, suppliers, or lenders, when such activities are not subject to this chapter;
(4)
On the activities of the Division of Energy Resources of the Georgia Environmental Finance Authority in the enforcement or administration of any program or provision of law; and
(5)
On the power of any state or local agency in the enforcement or administration of any provision of law it is specifically permitted or required to enforce or administer, including, but not limited to, the Public Service Commission, the office of the Attorney General, and the Construction Industry Licensing Board.
Amended by 2015 Ga. Laws 187,§ 43, eff. 7/1/2015.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-13 - Failure of covered utility to comply with chapter and rules and regulations

It shall be unlawful for any covered utility to fail to comply with this chapter and the rules and regulations and orders promulgated hereunder.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 4A - PROVISION OF ENERGY CONSERVATION ASSISTANCE TO RESIDENTIAL CUSTOMERS BY ELECTRIC AND GAS UTILITIES (§§ 46-4A-1 — 46-4A-14) › Section 46-4A-14 - Civil penalties; removal of contractor, supplier, or lender from master record

(a)
Any covered utility which intentionally or negligently violates any provision of this chapter or the rules and regulations promulgated hereunder or which fails or refuses to comply with any final order of the director issued as provided in this chapter shall be liable for a civil penalty not to exceed $1,000.00 for such violation and an additional civil penalty not to exceed $500.00 for each day such violation continues.
(b)
The director, after notice and hearing, shall determine whether or not any covered utility has intentionally or negligently violated any provision of this chapter or has failed or refused to comply with any final order of the director and may, upon a proper finding, issue his order imposing such civil penalties as provided in this Code section. Any covered utility so penalized under this section is entitled to judicial review. All hearings and proceedings for judicial review under this Code section shall be in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," as provided in this chapter. All penalties and interest recovered by the director, as provided in this Code section, together with the cost thereof, shall be paid into the state treasury to the credit of the general fund.
(c)
Any contractor, supplier, or lender who is listed on the master record established by the Division of Energy Resources of the Georgia Environmental Finance Authority and who violates any provision of this chapter or the rules or regulations promulgated hereunder is subject to removal from the applicable master record in accordance with the rules and regulations established pursuant to the Residential Conservation Service program.
Amended by 2010 Ga. Laws 634,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 1 - GENERAL PROVISIONS (§§ 46-5-1 — 46-5-8) › Section 46-5-4 - Seizure and disposal of devices, equipment, or any plan or instruction used for committing theft of telecommunications service

Any unlawful telecommunication device as defined in subsection (a) of Code Section
46-5-3
or other instrument, apparatus, equipment, or device, or any plan or instruction therefor, referred to in Code Section
46-5-3
may be seized by court order, or under a search warrant issued by a judge or a magistrate, or incident to a lawful arrest. Upon the conviction of any person for a violation of any provisions of Code Section
46-5-2
or
46-5-3
, such instrument, apparatus, equipment, device, plan, or instruction shall be either destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company or telecommunication service provider in whose territory such instrument, apparatus, equipment, device, plan, or instruction was seized.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 1 - GENERAL PROVISIONS (§§ 46-5-1 — 46-5-8) › Section 46-5-5 - Inclusion of local exchanges 495 and 567 in area code 404

Local exchanges 495 and 567 shall be included in the current 404 area code on or before July 1, 1996, and removed from the 706 area code; provided, however, that if a geographic area of the 404 area code is designated as a different area code and such geographic area is contiguous to a part of the geographic area where local exchange 495 or 567 is operational, then nothing in this Code section shall prohibit local exchange 495 or 567 from being included in the newly designated area code.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 5 - TELEPHONE SERVICE (§§ 46-5-1 — 46-5-252) › Article 1 - GENERAL PROVISIONS (§§ 46-5-1 — 46-5-8) › Section 46-5-6 - Exclusive power and authority of the Public Service Commission to prescribe rules and regulations regarding public pay telephones

The Public Service Commission shall have the exclusive power and authority to prescribe rules and regulations for the operation, maintenance, location, and deployment of public pay telephones within this state.
Added by 2001 Ga. Laws 262, § 3, eff. 7/1/2001.