HB653: HB653 Georgia Public Service Commission; rename as Georgia Public Utilities Commission

25 LC 55 0438 House Bill 653 By: Representatives Ridley of the 22nd, Momtahan of the 17th, Horner of the 3rd, Camp of the 135th, Romman of the 97th, and others A BILL TO BE ENTITLED AN ACT To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and1 public transportation, and various other titles of the Official Code of Georgia Annotated so2 as to rename the Georgia Public Service Commission as the Georg ia Public Utilities3 Commission; to provide for the succession of all rules, regulations, policies, procedures, and4 administrative orders of the Georgia Public Service Commission; to provide for the5 succession of all rights, privileges, entitlements, obligations, and duties of the Georgia Public6 Service Commission; to provide for the continuation of rights, privileges, entitlements, and7 duties of parties to certain contractual agreements; to provide for the continued service of8 members of the Georgia Public Service Commission; to make confo rming changes; to9 provide for related matters; to provide a contingent effective date and automatic repeal; to10 repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public14 transportation, is amended by redesignating Code Sections 46-2-1 and 46-2-1.1, relating to15 election of commissioners and terms of office and elections for Public Service Commission16 H. B. 653 - 1 - 25 LC 55 0438 districts 2, 3, and 5, respectively, as Code Sections 46-2-1.1 and 46-2-1.2, respectively, and17 by replacing the terms "Georgia Public Service Commission" and "Public Service18 Commission" with the terms "Georgia Public Utilities Commission" and "Public Utilities19 Commission", respectively, whenever such terms occur in said Code sections.20 SECTION 2.21 Said title is further amended by adding a new Code section to read as follows:22 "46-2-1.23 (a) The Georgia Public Service Commission which existed on Dec ember 31, 2026, is24 continued in existence but on and after January 1, 2027, shall become and be known as the25 Georgia Public Utilities Commission. The Georgia Public Utilit ies Commission shall26 succeed to all rules, regulati ons, policies, procedures, and ad ministrative orders of the27 Georgia Public Service Commission that were in effect on Decemb er 31, 2026, or28 scheduled to go into effect on or after January 1, 2027, and sh all further succeed to any29 rights, privileges, entitlements, obligations, and duties of th e Georgia Public Service30 Commission that were in effect on December 31, 2026. Such rules, regulations, policies,31 procedures, and administrative orders shall remain in effect un til amended, repealed,32 superseded, or nullified by the Georgia Public Utilities Commis sion by proper authority33 or as otherwise provided by law.34 (b) The rights, privileges, entitlements, and duties of partie s to contracts, leases,35 agreements, and other transactions entered into before January 1, 2027, by the Georgia36 Public Service Commission shall continue to exist; and none of these rights, privileges,37 entitlements, and duties are impaired or diminished by reason of the Georgia Public Service38 Commission becoming and being known as the Georgia Public Utilities Commission. In39 all such instances, the Georgia Public Utilities Commission sha ll be substituted for the40 Georgia Public Service Commission, and the Georgia Public Utili ties Commission shall41 H. B. 653 - 2 - 25 LC 55 0438 succeed to the rights and duties under such contracts, leases, agreements, and other42 transactions.43 (c) The members of the Georgia Public Service Commission in of fice immediately44 preceding January 1, 2027, shall continue to serve out their terms of office as members of45 the Public Utilities Commission and until their respective succ essors are elected and46 qualified as provided by law."47 SECTION 3.48 Various titles of the Official Code of Georgia Annotated are amended by replacing the terms49 "Georgia Public Service Commission", "Public Service Commission", and "public service50 commission" with the terms "Georgia Public Utilities Commission ", "Public Utilities51 Commission", and "public utilities commission", respectively, w herever such terms occur52 in:53 (1) Code Section 5-6-35, relating to cases requiring applicable for appeal, requirements54 for application, exhibits, response, issuance of appellate cour t order regarding appeal,55 procedure, supersedeas, jurisdiction of appeal, and appeals inv olving nonmonetary56 judgments in custody cases;57 (2) Code Section 10-1-395, relating to authority and duties of the Attorney General, the58 Consumer Advisory Board, and relations with other regulatory agencies;59 (3) Code Section 10-1-439.12, relating to exemptions relative to online automatic60 renewal transparency;61 (4) Code Section 10-1-857, relating to complaints, inquiries, investigations, and62 corrective action;63 (5) Code Section 12-5-295, relating to applicability of part;64 (6) Code Section 12-7-17, relating to exemptions relative to control of soil erosion and65 sedimentation;66 H. B. 653 - 3 - 25 LC 55 0438 (7) Code Section 12-8-24, relating to permits for solid waste or special solid waste67 handling, disposal, or thermal treatment technology facility and inspection of solid waste68 generators;69 (8) Code Section 14-4-2, relating to existing venue statutes unaffected by chapter;70 (9) Code Section 14-4-42, relating to applications of laws governing par stock to nonpar71 stock;72 (10) Code Section 16-11-65, relating to license to intercept telephonic communications73 for business service improvement and regulatory powers of Georg ia Public Service74 Commission;75 (11) Code Section 19-11-9.1, relating to duty to furnish infor mation about obligor to76 department, use of information obtained, and penalty for noncompliance;77 (12) Code Section 21-2-502, relating to issuance of certificat es of election and78 commission and Governor's proclamation as to constitutional amendments;79 (13) Code Section 21-5-30, relating to contributions made to c andidate or campaign80 committee or for recall of a public officer;81 (14) Code Section 21-5-30.1, contributions by regulated entiti es to elected executive82 officers or candidates;83 (15) Code Section 25-9-3, relating to definitions relative to blasting or excavating near84 underground facilities;85 (16) Code Section 32-9-6, relating to financial assistance for rail service;86 (17) Code Section 35-2-49, relating to provision of uniforms a nd equipment to sworn87 members of the Department of Public Safety and radio operators and retention of88 weapons and badges upon retirement;89 (18) Code Section 36-35-6, relating to limitations on home rule powers;90 (19) Code Section 36-60-21, relating to contracts with private companies to construct91 and operate private toll roads and bridges to facilitate public transportation without92 additional tax revenues;93 H. B. 653 - 4 - 25 LC 55 0438 (20) Code Section 36-61-8, relating to powers of municipalities and counties generally;94 (21) Code Section 40-1-23, relating to regulatory compliance inspections, notification,95 jurisdiction, permit required, escorts or inspections, exceptions, recovery for damage or96 discharge, civil monetary penalties, and department authority;97 (22) Code Section 40-1-57, relating to applicability of prior action of the Public Service98 Commission;99 (23) Code Section 40-1-151, relating to definitions relative to Georgia limousine carriers;100 (24) Code Section 40-2-61, relating to license plates for U.S. Senators and Congressmen,101 state constitutional offi cers, Speaker of the House of Represen tatives, Justices of102 Supreme Court, Judges of Court of Appeals, and Public Service Commission members;103 (25) Code Section 40-16-5, relating to authority of commission er, previous action by104 department, background checks, and debt collection;105 (26) Code Section 43-15-29, relating to exceptions to operation of chapter;106 (27) Code Section 44-14-15, relating to fee for future conveya nce and limited107 circumstances;108 (28) Code Section 45-5-6, relating to public official investigated by special commission109 upon indictment, gubernatorial review if commission recommends suspension,110 suspension, reinstatement, and replacement or temporary officer;111 (29) Code Section 45-5-6.1, relating to suspension and vacatio n of office of public112 officials convicted of felony;113 (30) Code Section 45-7-4, relating to annual salaries of certa in state officials and114 cost-of-living adjustments;115 (31) Code Section 45-10-25, relating to exceptions to prohibitions on transactions with116 state agencies;117 (32) Code Section 46-1-1, relating to definitions relative to general provisions118 concerning public utilities and public transportation;119 H. B. 653 - 5 - 25 LC 55 0438 (33) Code Section 46-1-2, relating to measure of damages for w rongs and injuries by120 railroad companies generally and venue for actions against rail road companies and121 electric companies generally;122 (34) Code Section 46-2-8, relating to payment of salaries and expenses by commission,123 appropriations for salaries and expenses, and designation of Public Service Commission124 Fund;125 (35) Code Section 46-2-10, relating to payment of special fee by corporations and126 utilities subject to jurisdiction of commission, notice of amou nt due, and procedure on127 default;128 (36) Code Section 46-2-25.2, relating to sixteen-mile toll-fre e telephone calling,129 modification of rate schedules, recovery of expenses or lost re venues by telephone130 companies, and rate-making power of Public Service Commission not affected;131 (37) Code Section 46-2-25.3, relating to toll-free calls withi n 22 miles of exchange,132 hearings, and "net gain" defined;133 (38) Code Section 46-2-26.3, relating to recovery of costs of conversion from oil-burning134 to coal-burning generating facility, filing of request, public hearing, determination of rate,135 and adjustments;136 (39) Code Section 46-2-26.5, relating to gas supply plans and adjustment factors, filings137 and hearing procedures, and recovery of purchase gas cost;138 (40) Code Section 46-3-52, relating to jurisdiction of commiss ion over cogeneration139 facility the energy from which is used solely by operator;140 (41) Code Section 46-3-152, relating to jurisdiction of commission over rates, services,141 and practices of authority;142 (42) Code Section 46-3A-1, relating to definitions relative to integrated resource143 planning;144 H. B. 653 - 6 - 25 LC 55 0438 (43) Code Section 46-4-53, relating to application to commission by gas utility for order145 approving utilization or operation of underground reservoir, he aring on application146 generally, and giving notice of hearing;147 (44) Code Section 46-4-54, relating to investigation by state geologist of site of proposed148 storage project, procedures involving state geologist, investigation of proposed storage149 project by director of Environmental Protection Division, procedures involving director,150 and investigation of proposed storage project by commission;151 (45) Code Section 46-4-60, relating to adoption by Board of Natural Resources of rules152 and regulations governing construction, installation, utilizati on, and operation of153 underground reservoirs and stations, wells, fixtures, and other facilities, enforcement of154 rules and regulations, and inspection and examination;155 (46) Code Section 46-4-122, relating to exemption from regulat ion by Public Service156 Commission;157 (47) Code Section 46-4A-12, relating to construction of chapter;158 (48) Code Section 46-5-1, relating to exercise of power of eminent domain by telephone159 companies, placement of posts and other fixtures, regulation of construction of fixtures,160 posts, and wires near railroad tracks, liability of telephone c ompanies for damages,161 required information, and due compensation;162 (49) Code Section 46-5-6, relating to exclusive power and authority of the Public Service163 Commission to prescribe rules and regulations regarding public pay telephones;164 (50) Code Section 46-5-41, relating to obtaining of certificate of public convenience and165 necessity for construction, operation, acquisition, or extension of telephone lines, plants,166 or systems;167 (51) Code Section 46-5-122, relating to definitions relative t o emergency telephone168 number 9-1-1 system;169 (52) Code Section 46-5-124, relating to guidelines for impleme nting state-wide170 emergency 9-1-1 system and training and equipment standards;171 H. B. 653 - 7 - 25 LC 55 0438 (53) Code Section 46-5-126, relating to cooperation by commiss ion and telephone172 industry;173 (54) Code Section 46-5-137, relating to powers of Public Servi ce Commission not174 affected;175 (55) Code Section 46-5-162, relating to definitions relative to telecommunications and176 competition development;177 (56) Code Section 46-5-167, relating to the Universal Access Fund;178 (57) Code Section 46-5-182, relating to certification of telecommunications companies179 which bill for or solicit intrastate telecommunications services;180 (58) Code Section 46-5-211, relating to consent of end user re quired for release of181 telephone records and law enforcement exception;182 (59) Code Section 46-5-213, relating to circumstances to which this article not183 applicable;184 (60) Code Section 46-5-222, relating to commission has no authority over setting of rates185 or terms and conditions for the offering of broadband service, voice over Internet186 protocol, or wireless service and limitations;187 (61) Code Section 46-8-42, relating to certificate of incorporation, duration of corporate188 existence, and fee for issuance of certificate;189 (62) Code Section 46-8-73, relating to contents of petition for dissolution, certification190 resolution recommending dissolution, attachment of resolution to petition, verification191 of petition, and fee for filing petition;192 (63) Code Section 46-8-75, relating to transfer of copy of petition from Secretary of State193 to commission;194 (64) Code Section 46-8-78, relating to order of Secretary of State accepting surrender of195 charter and franchises and dissolving corporation and recording of petition, certificate of196 approval, certificate of publication, and order by Secretary of State;197 H. B. 653 - 8 - 25 LC 55 0438 (65) Code Section 46-8-196, relating to use of standard signs for highway crossings and198 for advertising or other purposes, mutilation, destruction, and defacement of standard199 signs, and removal of unauthorized signs by county authorities;200 (66) Code Section 46-8A-2, relating to line or system permit required;201 (67) Code Section 47-2-91, relating to credit for accumulations of forfeited annual and202 sick leave;203 (68) Code Section 48-2-100, relating to exemptions for out-of- state businesses and204 employees conducting operations related to declared state of em ergency and205 post-emergency application;206 (69) Code Section 48-8-3, relating to exemptions relative to state sales and use taxes;207 (70) Code Section 48-13-16, relating to excluded businesses or practitioners and other208 laws on occupation taxes or registration fees of local governments not repealed;209 (71) Code Section 50-13-10, relating to declaratory judgment o n validity of rules and210 venue for actions;211 (72) Code Section 50-13-17, relating to initial decisions in c ontested cases, review of212 initial decisions, final decisions and orders, and Public Service Commission exceptions;213 (73) Code Section 50-13-19, relating to judicial review of contested cases;214 (74) Code Section 50-13-42, relating to applicability of article;215 (75) Code Section 50-16-46, relating to state agencies directe d to provide State216 Properties Commission with technical assistance;217 (76) Code Section 50-16-108, relating to lessee subject to Public Service Commission218 regulation;219 (77) Code Section 50-23-6, relating to loans to local governments and repayment;220 (78) Code Section 50-32-52, relating to grants or loans to local government; and221 (79) Code Section 50-39-51, relating to payment for costs of project, optional conditions,222 local government power to contract, and fees.223 H. B. 653 - 9 - 25 LC 55 0438 SECTION 4.224 This Act shall become effective on January 1, 2027, conditioned upon the ratification at the225 state-wide general election held in November, 2026, of an amend ment to Article IV,226 Section I, Paragraph I of the Georgia Consti tution renaming the Georgia Public Service227 Commission as the Georgia Public Utilities Commission. If such amendment is not so228 ratified, this Act shall not become effective and shall stand repealed on January 1, 2027.229 SECTION 5.230 All laws and parts of laws in conflict with this Act are repealed.231 H. B. 653 - 10 -