---
title: HB 617. Public utilities; reestablish a consumer utility counsel to represent consumers in matters before the Public Service Commission or other agencies
collection: bills
id: 2025-2026/hb617
cite_as: HB 617, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb617
md_url: https://georgiacommons.org/bills/2025-2026/hb617.md
text_url: https://georgiacommons.org/bills/2025-2026/hb617/text
source_url: https://www.legis.ga.gov/legislation/70747
date: 2025-02-27
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb617.md?full=1
bill_number: HB 617
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-24
last_action: House Second Readers
sponsors:
- Ruwa Romman
- Jordan Ridley
- Karen Lupton
- Alan Powell
- Beth Camp
- Scott Holcomb
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB617/2025
upstream_id: 1982202
summaries_model: claude-sonnet-5
topic_tags:
- public utilities
- consumer protection
- Public Service Commission
- utility rates
- state government offices
---
# HB 617. Public utilities; reestablish a consumer utility counsel to represent consumers in matters before the Public Service Commission or other agencies
## Text
House Bill 617
By: Representatives Romman of the 97th, Ridley of the 22nd, Lupton of the 83rd, Powell of the
33rd, Camp of the 135th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and
public transportation, so as to reestablish a consumer utility counsel to represent consumers
in matters before the Public Service Commission or other agencies concerning public
utilities; to provide legislative findings; to provide definitions; to create the Office of the
Consumers' Utility Counsel; to establish the position of director of such office; to provide
for the appointment and compensation of the director; to provide reporting requirements of
the director; to provide for the powers and duties of the director; to provide for notice and
service requirements; to authorize the director to take depositions and conduct discovery; to
authorize the director to employ certain personnel; to require that certain employees of the
Public Service Commission be made available to assist the director; to provide for statutory
construction; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public
transportation, is amended by revising Chapter 10, which is reserved, as follows:
"CHAPTER 10
46-10-1.
The General Assembly recognizes the importance of effective and economical public
utilities to the economy of the State of Georgia. It is further recognized that the citizens
of Georgia should receive adequate utility services at the lowest reasonable cost to the
consumer while maintaining the ability of public utilities to furnish their products and
services. It is further recognized that consumers should receive the benefit of technological
advances. It is the purpose of this chapter to ensure that the commission receives such
information, particularly in those cases which directly involve the vast majority of
Georgia's citizens.
46-10-2.
As used in this chapter, the term:
(1) 'Consumer' means:
(A) An individual user, primarily for personal, family, or household purposes, of the
product or service of a public utility which is under the jurisdiction of the commission;
or
(B) Any sole proprietorship, partnership, corporation, or other entity which is a
commercial user of the product or service of a public utility which is under the
jurisdiction of the commission and which has ten or fewer employees and a net income
after taxes of $100,000.00 per annum or less for federal income tax purposes.
(2) 'Director' means the director of the office.
(3) 'Office' means the Office of the Consumers' Utility Counsel.
46-10-3.
(a) There is created the Office of the Consumers' Utility Counsel, which shall be assigned
for administrative purposes only to the Department of Law. There is created the position
of director of the office. The director shall be appointed and removed by a committee
consisting of five members as follows, none of whom shall be employed by or be an officer
of any utility while serving on the committee:
(1) One member shall be a member of the House of Representatives appointed by the
majority leader of the House of Representatives;
(2) One member shall be a member of the House of Representatives appointed by the
minority leader of the House of Representatives;
(3) One member shall be a member of the Senate appointed by the majority leader of the
Senate;
(4) One member shall be a member of the Senate appointed by the minority leader of the
Senate; and
(5) One member shall be appointed by the Governor.
(b) The director shall be a practicing attorney qualified by knowledge and experience to
practice in public utility proceedings. The director shall receive compensation in an
amount equal to the annual salary set for each district attorney in paragraph (21) of Code
Section 45-7-4. In addition to such compensation, the director shall also receive
reimbursement for his or her reasonable and necessary expenses incurred in the
performance of his or her duties, as provided by law for state employees. The director shall
not engage in the private practice of law while employed as director. The director shall,
by December 31 of each year, submit a written report of the annual activities and
expenditures of the office to the Governor, the Speaker of the House of Representatives,
the President of the Senate, the chairperson of the House Committee on Energy, Utilities,
and Telecommunications, and the chairperson of the Senate Regulated Industries and
Utilities Committee.
46-10-4.
(a) The director shall be entitled to appear, as a party or otherwise, on behalf of the
consumers of this state of services provided by any person, firm, or corporation subject to
the jurisdiction of the commission in all proceedings before the commission which may
involve or affect rates for service or services of utilities and in all other proceedings before
the commission under its regulatory jurisdiction over utilities.
(b) The director may also appear in the same representative capacity as provided in
subsection (a) of this Code section in similar administrative proceedings affecting the
consumers of this state before any federal administrative agency or body which has
regulatory jurisdiction over rates, services, and similar matters with respect to public utility
services provided by any public utility doing business in this state.
(c) The director shall be authorized in the same representative capacity as provided in
subsection (a) of this Code section to initiate proceedings, by complaint or otherwise,
before any federal or state administrative agency before which he or she is otherwise
authorized to appear, with respect to matters properly within the cognizance of those
agencies.
(d) The director shall be authorized in the same representative capacity as provided in
subsection (a) of this Code section to initiate or intervene as of right or otherwise appear
in any judicial proceeding involving or arising out of any action taken by an administrative
agency in a proceeding in which the director is authorized to appear under subsection (a),
(b), or (c) of this Code section.
46-10-5.
(a) In addition to other requirements of service and notice imposed by law, a copy of any
application, complaint, pleading, or notice filed with or issued by the commission
concerning public utilities shall also be served on the director, and the director shall be
notified of any other correspondence or paper filed with or issued by the commission or its
staff concerning public utilities. The commission shall not proceed to hear or determine
any petition, complaint, or proceeding in which the director is entitled to appear unless it
shall affirmatively appear that the director was given at least ten days' written notice
thereof, unless such notice is affirmatively waived in writing or the director appears and
specifically waives such notice.
(b) The director is authorized to take depositions and obtain discovery of any matter which
is not privileged and which is relevant to the subject matter involved in any proceeding or
petition before the commission in the same manner and subject to the same procedures
which would otherwise be applicable if such proceeding was then pending before a
superior court. The superior courts and the judges and clerks thereof are authorized to
issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out
this subsection.
46-10-6.
The director is authorized to employ such assistants as he or she may need and is
authorized to employ or retain and fix the compensation of such consultants, expert
witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical
or clerical assistance, as may be necessary to carry out his or her duties; provided, however,
that no such employment shall occur nor shall any contracts for payment of fees or
expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys,
investigators, stenographers, or other technical or clerical assistance unless such
employment or such contracts can be achieved using funds appropriated for such purposes.
The office shall keep suitable and proper records of all such expenditures. The
compensation of the director and such staff shall be paid from state funds appropriated to
the commission for the purpose of carrying out the provisions of this chapter.
46-10-7.
Services of all engineers, experts, accountants, and other technical assistants employed by
the commission shall be made available to the director in the performance of his or her
duties. Such engineers, experts, accountants, and technical assistants shall make such
appraisals and audits as the director, with the approval of the commission, may request.
The director and his or her staff shall have access to all records, files, reports, documents,
and other information in the possession or custody of the commission to the same extent
as the members of the commission and its staff have access thereto and subject to the same
limitations imposed on the use thereof by the members of the commission and its staff.
46-10-8.
This chapter shall not be construed to prevent any party interested in any proceeding or
action before the commission, any court, or any administrative body from appearing in
person or by counsel in such proceeding or action. Reserved."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 617 would revive a state Office of the Consumers' Utility Counsel inside the Department of Law to represent everyday Georgia utility customers before the Public Service Commission and other agencies.
### Plain-language summary
Georgia's Title 46 currently has a reserved, unused chapter (Chapter 10) that once housed a consumer advocate for utility ratepayers. This bill fills that chapter back in, creating the Office of the Consumers' Utility Counsel, assigned administratively to the Department of Law, and headed by a director. The director would represent individual residential customers and small businesses (ten or fewer employees, $100,000 or less in annual after-tax income) in cases before the Public Service Commission and, when relevant, before federal agencies and courts.
The bill lays out how the director is chosen (by a five-person panel of House and Senate leaders plus a Governor's appointee), sets the director's pay equal to a district attorney's salary, and requires an annual activity report to top state officials. It also gives the director the power to get advance notice of Commission filings, take depositions, hire staff and experts, and use Commission technical staff, all funded through money appropriated to the Commission for this purpose.
### What it does
- Creates the Office of the Consumers' Utility Counsel within the Department of Law to represent residential and small-business utility consumers.
- Establishes a director position, appointed and removable by a five-member committee of House and Senate leaders and a Governor's appointee, who cannot be affiliated with a utility.
- Sets the director's salary equal to a district attorney's pay under O.C.G.A. ยง 45-7-4(21) and bars the director from private legal practice while in the role.
- Requires the Public Service Commission to give the director advance written notice (at least ten days) of filings and to make its technical staff available to assist the director.
- Authorizes the director to take depositions, conduct discovery, hire staff and experts, and appear before the Commission, federal agencies, and courts on behalf of consumers.
- Requires the director to submit a yearly written report on the office's activities and spending to the Governor, legislative leaders, and relevant committee chairs.
### Who it affects
Residential utility customers and small businesses with ten or fewer employees and modest income would gain a dedicated legal advocate. The Public Service Commission, the Department of Law, and legislative leaders who help appoint the director are also directly affected, as are utility companies whose rate cases the office could intervene in.
### Why it matters
If enacted, everyday Georgians and small businesses would have a state-funded lawyer specifically arguing their side in utility rate cases and other Commission proceedings, rather than relying solely on Commission staff or utilities' own filings to shape decisions that affect electricity, gas, water, or phone bills.
### Key provisions
- Section 46-10-1 states the legislative purpose: ensuring the Commission gets adequate consumer information, especially in cases affecting most Georgians.
- Section 46-10-2 defines 'consumer' to include individual household users and small commercial entities with ten or fewer employees and $100,000 or less in annual after-tax income.
- Section 46-10-3 creates the office and director position and details the five-member appointment committee and director's salary and reporting duties.
- Section 46-10-4 authorizes the director to appear in Commission, federal agency, and court proceedings on behalf of consumers, including initiating complaints.
- Section 46-10-5 requires the Commission to serve the director with notices and filings and give at least ten days' written notice before hearing matters where the director may appear.
- Section 46-10-6 lets the director hire staff and experts, funded only through money appropriated for that purpose, with the director's and staff's pay coming from Commission-appropriated funds.
- Section 46-10-7 requires Commission technical staff to assist the director and gives the director access to Commission records on the same terms as commissioners.
- Section 2 repeals conflicting laws.
## Status
- Status: Introduced (2025-02-24)
- Last action: House Second Readers (2025-02-27)
- Sponsors: Ruwa Romman, Jordan Ridley, Karen Lupton, Alan Powell, Beth Camp, Scott Holcomb
- Official page: https://www.legis.ga.gov/legislation/70747
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb617.md?full=1