reglab/statecodes huggingface dataset:
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 46-3-55 - Measurement and payment of energy flow

Consistent with the other provisions of this chapter, the energy flow shall be measured and paid for in the following manner:
(1)
If the distributed generation facilities are connected to the electric service provider's distribution system on the customer generator's side of the customer's meter, the electric service provider shall:
(A)
Measure the electricity produced or consumed during the billing period, in accordance with normal metering practices using bidirectional metering;
(B)
When the electricity supplied by the electric service provider exceeds the electricity generated by the customer's distributed generation, the electricity shall be billed by the electric service provider, in accordance with tariffs filed with the commission; or
(C)
When electricity generated by the customer's distributed generation system exceeds the electricity supplied by the electric service provider, the customer generator:
(i)
Shall be billed for the appropriate customer charges for that billing period; and
(ii)
Shall be credited for the excess kilowatt-hours generated during the billing period at an agreed to rate as filed with the commission, with this kilowatt-hour credit appearing on the bill for the billing period; or
(2)
If the distributed generation facilities are connected to the electric service provider's distribution system on the electric service provider's side of the customer's meter, the electric service provider shall:
(A)
Measure the electricity produced or consumed during the billing period, in accordance with normal metering practices using single directional metering;
(B)
Charge the customer generator a minimum monthly fee as established in Code Section
46-3-54
; and
(C)
If there is electricity generated by the customer generator for the billing period, the customer generator shall be compensated at an agreed to rate as filed with the commission.
Added 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 46-3-56 - Requirement to purchase energy from customer generator; safety standards and regulations

(a)
An electric service provider will only be required to purchase energy as specified in Code Section
46-3-55
from an eligible customer generator on a first-come, first-served basis until the cumulative generating capacity of all renewable energy sources equals 0.2 percent of the utility's annual peak demand in the previous year; provided, however, that no electric service provider will be required to purchase such energy at a price above avoided energy cost unless that amount of energy has been subscribed under any renewable energy program.
(b)
Once the capacity is subscribed, an electric service provider may purchase energy from an eligible customer generator at a cost of energy as defined for a utility by the commission, in the case of an electric utility, or by the appropriate governing body, in the case of any other electric service provider or electric supplier.
(c)
A distributed generation facility used by a customer generator shall include, at the customer's own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the National Electrical Code, National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories.
(d)
The commission, in the case of an electric utility, or the appropriate governing body, in the case of other electric service providers or electric suppliers, after appropriate notice and opportunity for comment, may adopt by regulation additional safety, power quality, and interconnection requirements for customer generator that the commission or governing body determines are necessary to protect public safety and system reliability.
(e)
An electric service provider may not require a customer generator whose distributed generation facility meets the standards in subsections (a) and (b) of this Code section, to comply with additional safety or performance standards, perform or pay for additional tests, or purchase additional liability insurance.
(f)
No electric service provider or electric supplier shall be liable to any person, directly or indirectly, for loss of property, injury, or death resulting from the interconnection of a cogenerator or distributed generation facility to its electrical system.
Amended by 2002 Ga. Laws 462, § 46, eff. 4/18/2002.
Added 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 4 - SOLAR POWER FREE-MARKET FINANCING ACT OF 2015 (§§ 46-3-60 — 46-3-66) › Section 46-3-60 - Short title

This part shall be known and may be cited as the "Solar Power Free-Market Financing Act of 2015."
Amended by 2015 Ga. Laws 300,§ 1, eff. 7/1/2015.
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 4 - SOLAR POWER FREE-MARKET FINANCING ACT OF 2015 (§§ 46-3-60 — 46-3-66) › Section 46-3-61 - Findings

The General Assembly hereby finds and declares that:
(1)
It is in the public interest to facilitate customers of electric service providers to invest in and install on their property solar technologies of their choice;
(2)
Free-market financing of solar technologies may provide more customers with opportunities to install solar technology;
(3)
Solar energy procurement agreements, and other similar financing arrangements, including those in which the payments are based on the performance and output of the solar technology installed on the property of customers of electric service providers, are financing arrangements which may help reduce or eliminate upfront costs involved in solar technology investments and installation by such customers; and
(4)
Individuals and entities which offer or receive such financing opportunities through solar energy procurement agreements pursuant to this part should not be considered or treated as electric service providers.
Amended by 2015 Ga. Laws 300,§ 1, eff. 7/1/2015.
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 4 - SOLAR POWER FREE-MARKET FINANCING ACT OF 2015 (§§ 46-3-60 — 46-3-66) › Section 46-3-62 - Definitions

As used in this part, the term:
(1)
"Affiliate" means any entity directly or indirectly controlling or controlled by or under direct or indirect common control with an electric service provider.
(2)
"Capacity limit" means a peak generating capacity in alternating current that is no greater than:
(A)
Ten kilowatts, for a residential application; or
(B)
One hundred and twenty-five percent of the actual or expected maximum annual peak demand of the premises the solar technology serves, for a commercial application.
(3)
"Control" means the power to significantly influence the management and policies of any affiliate, directly or indirectly, whether through the ownership of voting securities, by contract, or otherwise.
(4)
"Electric service provider" means any electric supplier that is engaged in the business of distributing electricity to retail electric customers in this state.
(5)
"Electric supplier" has the same meaning as provided in paragraph (3) of Code Section
46-3-3
.
(6)
"Entity" means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship.
(7)
"Maximum annual peak demand" means the maximum single hour electric demand actually occurring or expected to occur at a premises, measured at the premises' electrical meter.
(8)
"Person" means any individual or entity.
(9)
"Premises" has the same meaning as provided in paragraph (6) of Code Section
46-3-3
.
(10)
"Property" means the tract of land on which a premises is located, together with all adjacent contiguous tracts of land utilized by the same retail electric customer.
(11)
"Retail electric customer" means a person who purchases electric service from an electric service provider for such person's use and not for the purpose of resale.
(12)
"Solar energy procurement agreement" means any agreement, lease, or other arrangement under which a solar financing agent finances the installation, operation, or both of solar technology in which the payments are based on the performance and output of the solar technology installed on the property.
(13)
"Solar financing agent" means any person, including an electric service provider and an affiliate, whose business includes the leasing, financing, or installation of solar technology.
(14)
"Solar technology" means a system that:
(A)
Generates electric energy that is fueled solely by ambient sunlight;
(B)
Is installed upon property owned or occupied by a retail electric customer; and
(C)
Is connected to the electric service provider's distribution system on either side of the electric service provider's meter.
Amended by 2015 Ga. Laws 300,§ 1, eff. 7/1/2015.
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 4 - SOLAR POWER FREE-MARKET FINANCING ACT OF 2015 (§§ 46-3-60 — 46-3-66) › Section 46-3-63 - Financing of solar technology; electric service provider prohibited from interfering with use of solar technology; electric service provider not liable for certain acts

(a)
Solar technology at or below the capacity limit may be financed by a retail electric customer through a solar financing agent utilizing a solar energy procurement agreement, provided that:
(1)
Such solar technology and the installation thereof complies with all applicable state laws and all applicable county and municipal ordinances and permitting requirements; and
(2)
The retail electric customer or the solar financing agent gives notice to the electric service provider serving the premises at least 30 days prior to operation of such solar technology.
(b)
No electric service provider shall prevent or otherwise interfere with the installation, operation, or financing of solar technology by a retail electric customer through a solar financing agent pursuant to subsection (a) of this Code section, except that an electric service provider may require the retail electric customer to meet applicable safety, power quality, and interconnection requirements as provided in Code Section
46-3-64
.
(c)
An electric service provider not acting as a solar financing agent at the specific property where the liability arises shall not be liable for any loss of assets, injury, or death that may arise from, be caused by, or relate to:
(1)
The act, or failure to act, of the retail electric customer or the solar financing agent relating to the solar technology;
(2)
The solar energy procurement agreement or any other agreement between the retail electric customer and the solar financing agent; or
(3)
The solar technology.
(d)
A solar financing agent which is not an electric service provider or affiliate may provide solar energy procurement agreements authorized by this part, notwithstanding the restrictions of Part 1 of this article.
(e)
A property with multiple premises may have multiple solar technologies financed by solar energy procurement agreements; provided, however, that a single solar technology is not connected to multiple premises and that the cumulative capacity of solar technologies connected to a premises shall not exceed the capacity limit. Solar technology installed to serve one premises shall only generate electric energy that is used on and by such premises or fed back to an electric service provider.
Amended by 2015 Ga. Laws 300,§ 1, eff. 7/1/2015.
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 4 - SOLAR POWER FREE-MARKET FINANCING ACT OF 2015 (§§ 46-3-60 — 46-3-66) › Section 46-3-64 - Requirements upon a retail electric customer utilizing solar technology connected to an electric system of an electric service provider

(a)
For solar technology with a peak generating capacity of not more than 10 kilowatts for a residential application and not more than 100 kilowatts for a commercial application, the electric service provider may require the retail electric customer or solar financing agent to provide, at the retail electric customer's or solar financing agent's expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the National Electrical Code, National Electrical Safety Code, Institute of Electrical and Electronics Engineers, and Underwriters Laboratories, prior to interconnecting the solar technology to the electric service provider's electric system. If such applicable safety, power quality, and interconnection requirements are met, an electric service provider shall not require compliance with additional safety or performance standards, require the performance of or payment for additional tests, or require the purchase of additional liability insurance.
(b)
For solar technology with a peak generating capacity of more than 10 kilowatts for a residential application and more than 100 kilowatts for a commercial application, the electric service provider may require compliance with additional requirements beyond those specified in subsection (a) of this Code section. Such additional requirements shall include only those necessary to protect public safety, power quality, and system reliability.
Amended by 2015 Ga. Laws 300,§ 1, eff. 7/1/2015.
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 4 - SOLAR POWER FREE-MARKET FINANCING ACT OF 2015 (§§ 46-3-60 — 46-3-66) › Section 46-3-65 - Clarification of who shall be considered an electric supplier and an electric service provider

(a)
Provided that the solar technology does not exceed the capacity limit, the leasing, financing, or installation of such solar technology through a solar energy procurement agreement shall not be considered the provision of electric service to the public, retail electric service, or retail supply of electricity by the solar financing agent, and neither the retail electric customer nor the solar financing agent shall be considered an electric supplier within the meaning of Part 1 of this article or in violation of exclusive electric service rights arising therein.
(b)
Notwithstanding any other provision of law, a solar financing agent's actions under this part shall not cause the solar financing agent to be considered an electric service provider for any purpose under this title.
(c)
Any electric service provider or affiliate shall be authorized to become a solar financing agent; provided, however, that the restrictions of Part 1 of this article shall apply to any such electric service provider's provision of solar technology. An electric service provider and an affiliate shall be subject to subsection (a) of Code Section
46-3-11
in providing services as a solar financing agent.
Amended by 2015 Ga. Laws 300,§ 1, eff. 7/1/2015.
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 4 - SOLAR POWER FREE-MARKET FINANCING ACT OF 2015 (§§ 46-3-60 — 46-3-66) › Section 46-3-66 - Construction and applicability

(a)
Except as provided in subsection (d) of Code Section
46-3-63
and subsections (a) and (b) of Code Section
46-3-65
, nothing in this part shall be construed as modifying the restrictions of Part 1 of this article on the sale, offer for sale, or distribution of retail electric service in this state.
(b)
Nothing in this part shall be construed to create or alter rights in real property or to change any restrictions or regulations on the use of real property that may exist under any means, including, but not limited to, a covenant, contract, ordinance, or state or federal law.
(c)
Nothing in this part shall be construed to restrict, affect, or diminish the ability of any county or municipality to adopt or enforce ordinances, permits, or regulations, or otherwise to exercise any lawful power under the Constitution or laws of this state, including, without limitation, those affecting zoning, land use, or the use of public rights of way.
(d)
Nothing in this part shall be applied to impair any obligation or right under a contract entered into prior to the effective date of this part or any amendment to or extension of such contract.
(e)
Nothing in this part shall be applied to any party to a wholesale electric power or transmission service contract entered into prior to the effective date of this part or to any original party to such contract that is subsequently amended or extended to the extent that the financing and installation of the solar technology would cause such party to be in breach of such contract or increase the costs of such contract by $100,000.00 or more. Any legal successor to substantially all rights and assets of a party shall also be considered a party under this subsection.
Amended by 2015 Ga. Laws 300,§ 1, eff. 7/1/2015.
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 5 - [DECOMMISSION OF SOLAR POWER EQUIPMENT] (§§ 46-3-67 — 46-3-69.1) › Section 46-3-67 - [Definitions]

As used in this part, the term:
(1)
"Commercial operations date" means the date on which a solar power facility generates electrical energy for sale to an electric supplier. Such term does not include the generation of electrical energy or other operations conducted before that date for purposes of maintenance or testing.
(2)
"Electric supplier" has the same meaning as provided in Code Section
46-3-3
.
(3)
"Financial assurance" means a surety or performance bond that:
(A)
Renews automatically; and
(B)
Is issued by a company that is listed on the United States Department of the Treasury's List of Certified Companies and that has a financial strength rating of at least an "A" as rated by A.M. Best Company, Inc.; Moody's Investors Service, Inc.; Standard and Poor's Corporation; or a similar rating agency.
(4)
"Grantee" means a person who leases property from a landowner and who operates a solar power facility on said property.
(5)
"Solar energy device" means a solar energy collector or solar energy system that provides for the collection of solar energy or the subsequent use of such energy as thermal, mechanical, or electrical energy.
(6)
"Solar power facility" means a solar energy device that does not meet the definition of solar technology pursuant to Code Section
46-3-62
, or the integrated collection of such devices, together with any equipment or other personal property and improvements under common ownership that are used to support the operation of such a solar energy device or solar energy devices, including, but not limited to, underground or aboveground electrical transmission or communications lines, electric transformers, battery storage facilities, telecommunications equipment, roads, meteorological towers, and maintenance yards.
(7)
"Solar power facility agreement" means any lease agreement for real property in this state between a grantee and a landowner that authorizes the grantee to operate a solar power facility on the leased property.
Added by 2024 Ga. Laws 390,§ 1, eff. 7/1/2024.
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 5 - [DECOMMISSION OF SOLAR POWER EQUIPMENT] (§§ 46-3-67 — 46-3-69.1) › Section 46-3-68 - [Scope]

(a)
The provisions of this part shall only apply to solar power facility agreements that are executed or renewed on or after July 1, 2024.
(b)
Any provision in a solar power facility agreement that purports to waive a right or exempt a grantee from a liability or duty established by this part shall be void.
(c)
Any person who is harmed by a violation of this part shall be entitled to appropriate injunctive relief to prevent further violation of this part.
(d)
The provisions of this Code section are not exclusive. The remedies provided in this Code section are in addition to any other procedures or remedies provided by law.
Added by 2024 Ga. Laws 390,§ 1, eff. 7/1/2024.
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 2 - NONPROFIT RURAL ELECTRIFICATION MEMBERSHIP CORPORATIONS (§§ 46-3-70 — 46-3-71) › Section 46-3-70 - [Repealed and Reserved] Reserved

Reserved. Repealed by Ga. L. 1981, p. 1587, § 6, effective July 1, 1981
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 2 - NONPROFIT RURAL ELECTRIFICATION MEMBERSHIP CORPORATIONS (§§ 46-3-70 — 46-3-71) › Section 46-3-71 - through 46-3-97 - [Repealed]

Repealed by Ga. L. 1981, p. 1587, § 6, effective July 1, 1981.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-110 - Declaration of necessity

Whereas certain political subdivisions of this state now own and operate electric distribution systems to serve their citizens, inhabitants, and customers by providing them electricity for all purposes; and whereas, if such political subdivisions are to furnish, and if the members of the public in the areas they serve are to receive, adequate service, such political subdivisions must have adequate, dependable, and economical sources and supplies of bulk electric power; it is declared that there exists in this state a need for an authority to function without profit in developing and promoting for the public good in this state adequate, dependable, and economical sources and supplies of bulk electric power and energy for the purposes expressed in this Code section.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-112 - Creation of authority; status of authority as instrumentality of state; location of principal office and legal situs or residence of authority

There is created a public body corporate and politic to be known as the Municipal Electric Authority of Georgia, which shall be a public corporation of the State of Georgia and shall have a perpetual existence. This authority, however, shall not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a mere creature of the state, having distinct corporate entity and being exempt from Article 2 of Chapter 17 of Title 50. The authority shall have its principal office in Fulton County, and its legal situs or residence for the purpose of this article shall be Fulton County.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-114 - Residency requirements for authority members; ineligibility of election committee representatives for membership; eligibility of members to succeed themselves

Each member of the authority shall be a resident of one of the political subdivisions represented on the election committee, but, insofar as is mathematically possible, no two members shall reside in the same political subdivision. Representatives to the election committee shall not be eligible for membership on the authority. Members shall be eligible to succeed themselves.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-115 - Terms of authority members generally; time of meeting of election committee prior to annual meeting of authority

Upon the expiration of the terms of the first members of the authority, members shall be elected for three-year terms, provided that in the year in which a member's term is to expire, the term shall not expire until the adjournment of the annual meeting for that year and until a successor is elected. The election committee shall meet at a date not more than 30 days prior to each annual meeting of the authority and shall elect members to fill the terms which will expire at the conclusion of such annual meeting.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-116 - Selection of additional representatives to election committee by political subdivisions subsequently contracting with authority

(a)
Each political subdivision contracting with the authority (other than for short-term purchases) following the election of the first nine members of the authority shall designate a representative to the election committee no more than 30 days following the execution of such contract by and between the authority and such political subdivision. The term of such additional representative shall begin with the next meeting of the election committee.
(b)
Representatives to the election committee shall serve at the pleasure of the governing body of the political subdivision which appointed them.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-118 - Vacancies on authority

Any vacancy in the membership of the authority shall be filled by a new member who shall be elected by the remaining members of the authority and who shall serve until the next meeting of the election committee. At the first meeting of the election committee following the filling of such vacancy, the election committee shall elect a member to fill the remainder, if any, of the unexpired term for which such vacancy was filled. Upon such election by the election committee, the membership on the authority of the member previously elected by the remaining members of the authority to fill such vacancy shall terminate.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-119 - Officers of authority

The authority shall elect from its membership a chairman, a vice-chairman, a secretary-treasurer, and an assistant secretary-treasurer. Such officers shall serve for such terms as shall be prescribed by resolution of the authority or until their successors are elected and qualified.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-120 - Quorum of authority; action by majority vote; adjournment of meetings at which less than a majority is present

At all meetings of the authority, the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority. No vacancy in the membership of the authority shall impair the right of such majority to exercise all the rights and perform all the duties of the authority. If at any meeting there is less than a majority present, a majority of those present may adjourn the meeting to a fixed time and place, and notice of such time and place shall be given in accordance with subsection (c) of Code Section
46-3-121
, provided that if the time element of subsection (c) of Code Section
46-3-121
cannot reasonably be complied with, such notice, if any, of such adjourned meeting shall be given as is reasonably practical.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-121 - Annual meeting of authority; special meetings; notice of meetings; waiver of notice; regular meetings other than annual meeting

(a)
The annual meeting of the authority shall be held on the anniversary date of the first meeting of the authority unless the date, time, and place of such annual meeting shall otherwise be fixed by resolution of the authority, provided that any such date so fixed shall be in reasonable proximity to the anniversary date of such first meeting.
(b)
Special meetings of the authority may be called by resolution of the authority, by the chairman or vice-chairman, or upon the written request of at least three members of the authority.
(c)
Written notice of all meetings shall be delivered to each political subdivision contracting with the authority other than for short-term purchases, and to each member of the authority not less than ten days prior to the date of such meeting in the case of regular meetings and not less than three days in the case of special meetings.
(d)
Notice of a meeting of the authority need not be given to any member who signs a waiver of notice either before or after the meeting. Attendance of a member at a meeting shall constitute a waiver of notice of such meeting and a waiver of any and all objections to the place or time of the meeting or to the manner in which it has been called or convened, except when a member states at the beginning of the meeting any such objection or objections to the transaction of business. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the authority need be specified in the notice or waiver of notice of such meetings.
(e)
In addition to the annual meeting of the authority, regular meetings of the authority may be established by resolution of the authority; and no notice, other than notice of the adoption of such resolution to any member of the authority who was absent when it was adopted, shall be required for such meeting, except for the notice required by subsection (c) of this Code section.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-122 - Reimbursement of members for expenses; making of rules and regulations by authority; employment of staff and personnel; designation of assistant secretary-treasurer

The members of the authority shall not be entitled to compensation for their services but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and may retain, employ, and engage all necessary staff and personnel, including professional and technical supervisors, assistants, and experts and other agents and employees, whether temporary or permanent, as it may require. Any one or more of such persons so engaged may be designated as an additional assistant secretary-treasurer of the authority and may be given the duties of keeping the books, records, and minutes of the authority, of giving all notices required by Code Sections
46-3-120
,
46-3-121
, and
46-3-123
, and, in the absence of or in lieu of the secretary-treasurer, performing all other functions of the secretary-treasurer. Officers designated by the authority pursuant to this Code section shall serve at the pleasure of the authority.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-123 - Removal of authority members from office

The election committee shall have the power to remove from office any member of the authority for cause after written notice and public hearing.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-124 - Books and records generally

The authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings; of all income and receipts of every nature; and of all expenditures of every kind.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-125 - Purpose of authority

The purpose of the authority shall be to acquire or construct, or to acquire and construct, and to operate and maintain, or to cause to be constructed, operated, and maintained, electric generation and transmission facilities. In addition, it shall be the purpose of the authority to take all other necessary or desirable action in order to provide or make available an adequate, dependable, and economical supply of electric power and energy and related services to those political subdivisions of this state identified in Code Section
46-3-130
which may desire the same and, incidentally and so as to take advantage of economies of scale in the generation and transmission of electric power and energy, to other persons and entities.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-127 - Policy as to nonprofit operation of projects by authority; fixing of rates, fees, and charges by authority

The authority shall not operate or construct any project for profit except insofar as any such profit will inure to the benefit of the public. The authority shall fix the rates, fees, and charges consistent with this declaration of policy such as will produce revenues only in amounts sufficient, together with all other funds of the authority, to pay principal and interest on bonds and obligations of the authority, to provide for maintenance and operation of the authority and of its projects, and to maintain such reserves as shall have been created in amounts sufficient in the judgment of the authority for the security of the bonds and for the improvement, replacement, or expansion of the facilities or services of the authority or to provide fuel for its generating projects.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-129 - Contracts between authority and political subdivisions for use of projects and facilities of authority

(a)
The authority may contract with any political subdivision of this state which is authorized by Code Section
46-3-130
to make such contracts for the payment of such rates, tolls, fees, and charges as may be prescribed by the authority for the use by such subdivisions or the residents thereof of the services and facilities of the projects and facilities of the authority. Any such political subdivision shall have the right and power, by resolution of its governing body, to make such a contract; and the amounts contracted to be paid by such political subdivision to the authority under such a contract shall constitute general obligations of such political subdivision for the payment of which the full faith and credit of such political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract.
(b)
Any such political subdivision which enters into such a contract pursuant to this article shall, annually in each and every fiscal year during the term of such contract, include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full.
(c)
If for any reason a provision or appropriation pursuant to subsection (b) of this Code section is not made, then the fiscal officers of such political subdivision are authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of an appropriation made under this subsection in each fiscal year shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract; and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the authority if for any reason such appropriation is not otherwise made.
(d)
Any political subdivision which contracts with the authority under this article may obligate itself and its successors to use only those projects for which it has contracted and none other.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-130 - Eligibility of political subdivisions to contract with authority

The political subdivisions with which the authority shall be authorized to contract to provide an electric power supply pursuant to this article shall be those political subdivisions of this state which, on March 18, 1975, owned and operated an electric distribution system.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-132 - Validation of contracts for payments pledged as security for bonds

(a)
When payments which are made by political subdivisions pursuant to contracts entered into under subsection (a) of Code Section
46-3-131
are pledged as security for the payment of bonds sought to be validated, the petition for validation shall make party defendant the authority and shall also make parties defendant to such action every political subdivision which has contracted with the authority for the use of the facilities, commodities, and services of the project for which bonds shall be sought to be validated and issued. In addition, every other party, whether public or private, contracting with the authority in any manner with relation to the operation of such project, and particularly with relation to any common ownership of such project or to the supplying of electric energy to the authority or the taking or purchasing of electric energy from the project, shall be made parties defendant.
(b)
All such parties defendant shall be served and shall be required to show cause, if any exists, why such contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof determined and the matters and conditions imposed on the parties to such contracts and all such undertakings thereof adjudicated to be valid and binding on the parties thereto.
(c)
Notice of such proceedings shall be included in the notice of validation hearing required by Code Section
46-3-131
to be issued and published by the clerk of the Superior Court of Fulton County. In addition to such notice required to be published in Fulton County, such notice shall also be published in the newspaper in which sheriff's advertisements are published, once a week during each of the two weeks immediately preceding the week of the hearing, in each county in which any portion of any of the defendant political subdivisions lie.
(d)
Any citizen resident of this state may, at or before the time set for the validation hearing, intervene in the validation proceedings conducted in the Superior Court of Fulton County pursuant to Code Section
46-3-131
and may assert any ground or objection to the validity and binding effect of such contract on his own behalf and on behalf of any political subdivision and of all citizens, residents, and property owners of the state.
(e)
No appeal may be taken by any person who was not a party at the time the judgment appealed from was rendered.
(f)
An adjudication as to the validity of any such contract which adjudication is unexcepted to within 30 days after the date of the judgment of validation or, if an appeal is filed, which adjudication is confirmed on appeal shall be forever conclusive and binding upon such political subdivisions and the resident citizens and property owners of this state.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-133 - Failure of district attorney to pursue judicial validation of bonds

In all cases where the authority has adopted a resolution for the issuance of revenue bonds, and where notice has been duly served upon the district attorney for the purpose of securing a judicial validation of such bonds and the security therefor, and where, in such case, there has been a failure on the part of such district attorney or other officer to proceed within the time prescribed by this article, it shall be competent for the authority to represent such facts in writing to the court and to represent further that such failure has been without fault on the part of the authority. In such case, the Superior Court of Fulton County shall have power and authority to inquire into the facts; and, upon being satisfied that such failure has not arisen from any fault or neglect on the part of the authority, it shall be the duty of the court to pass an order directing such district attorney to proceed within ten days to file a complaint as authorized by this article. Thereafter, the proceedings shall be held in the same manner as would have been followed had such petition been duly and promptly filed in the first instance.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-134 - Bonds as legal investments; depositing bonds with public officers and bodies of state

The bonds authorized by this article shall be securities in which:
(1)
All public officers and bodies of this state;
(2)
All political subdivisions of this state;
(3)
All insurance companies and associations, and other persons carrying on an insurance business;
(4)
All banks, bankers, trust companies, saving banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business;
(5)
All administrators, guardians, executors, trustees, and other fiduciaries; and
(6)
All other persons whatsoever who are authorized to invest in bonds or other obligations of the state
may properly and legally invest funds, including capital in their control or belonging to them. Such bonds shall also be securities which may be deposited with and shall be received by all public officers and bodies of this state and its political subdivisions for any purpose for which deposit of the bonds or other obligations of this state is authorized.
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 3 - MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA (§§ 46-3-110 — 46-3-155) › Section 46-3-135 - Pledge of authority's revenues and earnings to payment of principal of and interest on bonds; setting aside of pledged revenues and earnings into sinking funds

(a)
All or any part of the gross or net revenues and earnings derived from any particular project and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular project for which bonds have been issued, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds.
(b)
Such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument, which sinking funds may be pledged to and charged with the payment of:
(1)
The interest upon such revenue bonds as such interest shall become due;
(2)
The principal of the bonds as the same shall mature;
(3)
The necessary charges of any trustee, paying agent, or registrar for such bonds; and
(4)
Any premium upon bonds retired upon call or purchase.
(c)
The use and disposition of any sinking fund may be subject to regulations for which provision may be made in the resolution authorizing the issuance of the bonds or in the trust instrument or indenture securing the payment of the same.