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 and
public transportation, and various other titles of the Official Code of Georgia Annotated so
as to rename the Georgia Public Service Commission as the Georgia Public Utilities
Commission; to provide for the succession of all rules, regulations, policies, procedures, and
administrative orders of the Georgia Public Service Commission; to provide for the
succession of all rights, privileges, entitlements, obligations, and duties of the Georgia Public
Service Commission; to provide for the continuation of rights, privileges, entitlements, and
duties of parties to certain contractual agreements; to provide for the continued service of
members of the Georgia Public Service Commission; to make conforming changes; to
provide for related matters; to provide a contingent effective date and automatic repeal; 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 redesignating Code Sections 46-2-1 and 46-2-1.1, relating to
election of commissioners and terms of office and elections for Public Service Commission
districts 2, 3, and 5, respectively, as Code Sections 46-2-1.1 and 46-2-1.2, respectively, and
by replacing the terms "Georgia Public Service Commission" and "Public Service
Commission" with the terms "Georgia Public Utilities Commission" and "Public Utilities
Commission", respectively, whenever such terms occur in said Code sections.
SECTION 2.
Said title is further amended by adding a new Code section to read as follows:
<ins>"46-2-1.
(a) The Georgia Public Service Commission which existed on December 31, 2026, is
continued in existence but on and after January 1, 2027, shall become and be known as the
Georgia Public Utilities Commission. The Georgia Public Utilities Commission shall
succeed to all rules, regulations, policies, procedures, and administrative orders of the
Georgia Public Service Commission that were in effect on December 31, 2026, or
scheduled to go into effect on or after January 1, 2027, and shall further succeed to any
rights, privileges, entitlements, obligations, and duties of the Georgia Public Service
Commission that were in effect on December 31, 2026. Such rules, regulations, policies,
procedures, and administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Georgia Public Utilities Commission by proper authority
or as otherwise provided by law.
(b) The rights, privileges, entitlements, and duties of parties to contracts, leases,
agreements, and other transactions entered into before January 1, 2027, by the Georgia
Public Service Commission shall continue to exist; and none of these rights, privileges,
entitlements, and duties are impaired or diminished by reason of the Georgia Public Service
Commission becoming and being known as the Georgia Public Utilities Commission. In
all such instances, the Georgia Public Utilities Commission shall be substituted for the
Georgia Public Service Commission, and the Georgia Public Utilities Commission shall
</ins>
<ins>succeed to the rights and duties under such contracts, leases, agreements, and other
transactions.
(c) The members of the Georgia Public Service Commission in office immediately
preceding January 1, 2027, shall continue to serve out their terms of office as members of
the Public Utilities Commission and until their respective successors are elected and
qualified as provided by law."
</ins> SECTION 3.
Various titles of the Official Code of Georgia Annotated are amended by replacing the terms
"Georgia Public Service Commission", "Public Service Commission", and "public service
commission" with the terms "Georgia Public Utilities Commission", "Public Utilities
Commission", and "public utilities commission", respectively, wherever such terms occur
in:
(1) Code Section 5-6-35, relating to cases requiring applicable for appeal, requirements
for application, exhibits, response, issuance of appellate court order regarding appeal,
procedure, supersedeas, jurisdiction of appeal, and appeals involving nonmonetary
judgments in custody cases;
(2) Code Section 10-1-395, relating to authority and duties of the Attorney General, the
Consumer Advisory Board, and relations with other regulatory agencies;
(3) Code Section 10-1-439.12, relating to exemptions relative to online automatic
renewal transparency;
(4) Code Section 10-1-857, relating to complaints, inquiries, investigations, and
corrective action;
(5) Code Section 12-5-295, relating to applicability of part;
(6) Code Section 12-7-17, relating to exemptions relative to control of soil erosion and
sedimentation;
(7) Code Section 12-8-24, relating to permits for solid waste or special solid waste
handling, disposal, or thermal treatment technology facility and inspection of solid waste
generators;
(8) Code Section 14-4-2, relating to existing venue statutes unaffected by chapter;
(9) Code Section 14-4-42, relating to applications of laws governing par stock to nonpar
stock;
(10) Code Section 16-11-65, relating to license to intercept telephonic communications
for business service improvement and regulatory powers of Georgia Public Service
Commission;
(11) Code Section 19-11-9.1, relating to duty to furnish information about obligor to
department, use of information obtained, and penalty for noncompliance;
(12) Code Section 21-2-502, relating to issuance of certificates of election and
commission and Governor's proclamation as to constitutional amendments;
(13) Code Section 21-5-30, relating to contributions made to candidate or campaign
committee or for recall of a public officer;
(14) Code Section 21-5-30.1, contributions by regulated entities to elected executive
officers or candidates;
(15) Code Section 25-9-3, relating to definitions relative to blasting or excavating near
underground facilities;
(16) Code Section 32-9-6, relating to financial assistance for rail service;
(17) Code Section 35-2-49, relating to provision of uniforms and equipment to sworn
members of the Department of Public Safety and radio operators and retention of
weapons and badges upon retirement;
(18) Code Section 36-35-6, relating to limitations on home rule powers;
(19) Code Section 36-60-21, relating to contracts with private companies to construct
and operate private toll roads and bridges to facilitate public transportation without
additional tax revenues;
(20) Code Section 36-61-8, relating to powers of municipalities and counties generally;
(21) Code Section 40-1-23, relating to regulatory compliance inspections, notification,
jurisdiction, permit required, escorts or inspections, exceptions, recovery for damage or
discharge, civil monetary penalties, and department authority;
(22) Code Section 40-1-57, relating to applicability of prior action of the Public Service
Commission;
(23) Code Section 40-1-151, relating to definitions relative to Georgia limousine carriers;
(24) Code Section 40-2-61, relating to license plates for U.S. Senators and Congressmen,
state constitutional officers, Speaker of the House of Representatives, Justices of
Supreme Court, Judges of Court of Appeals, and Public Service Commission members;
(25) Code Section 40-16-5, relating to authority of commissioner, previous action by
department, background checks, and debt collection;
(26) Code Section 43-15-29, relating to exceptions to operation of chapter;
(27) Code Section 44-14-15, relating to fee for future conveyance and limited
circumstances;
(28) Code Section 45-5-6, relating to public official investigated by special commission
upon indictment, gubernatorial review if commission recommends suspension,
suspension, reinstatement, and replacement or temporary officer;
(29) Code Section 45-5-6.1, relating to suspension and vacation of office of public
officials convicted of felony;
(30) Code Section 45-7-4, relating to annual salaries of certain state officials and
cost-of-living adjustments;
(31) Code Section 45-10-25, relating to exceptions to prohibitions on transactions with
state agencies;
(32) Code Section 46-1-1, relating to definitions relative to general provisions
concerning public utilities and public transportation;
(33) Code Section 46-1-2, relating to measure of damages for wrongs and injuries by
railroad companies generally and venue for actions against railroad companies and
electric companies generally;
(34) Code Section 46-2-8, relating to payment of salaries and expenses by commission,
appropriations for salaries and expenses, and designation of Public Service Commission
Fund;
(35) Code Section 46-2-10, relating to payment of special fee by corporations and
utilities subject to jurisdiction of commission, notice of amount due, and procedure on
default;
(36) Code Section 46-2-25.2, relating to sixteen-mile toll-free telephone calling,
modification of rate schedules, recovery of expenses or lost revenues by telephone
companies, and rate-making power of Public Service Commission not affected;
(37) Code Section 46-2-25.3, relating to toll-free calls within 22 miles of exchange,
hearings, and "net gain" defined;
(38) Code Section 46-2-26.3, relating to recovery of costs of conversion from oil-burning
to coal-burning generating facility, filing of request, public hearing, determination of rate,
and adjustments;
(39) Code Section 46-2-26.5, relating to gas supply plans and adjustment factors, filings
and hearing procedures, and recovery of purchase gas cost;
(40) Code Section 46-3-52, relating to jurisdiction of commission over cogeneration
facility the energy from which is used solely by operator;
(41) Code Section 46-3-152, relating to jurisdiction of commission over rates, services,
and practices of authority;
(42) Code Section 46-3A-1, relating to definitions relative to integrated resource
planning;
(43) Code Section 46-4-53, relating to application to commission by gas utility for order
approving utilization or operation of underground reservoir, hearing on application
generally, and giving notice of hearing;
(44) Code Section 46-4-54, relating to investigation by state geologist of site of proposed
storage project, procedures involving state geologist, investigation of proposed storage
project by director of Environmental Protection Division, procedures involving director,
and investigation of proposed storage project by commission;
(45) Code Section 46-4-60, relating to adoption by Board of Natural Resources of rules
and regulations governing construction, installation, utilization, and operation of
underground reservoirs and stations, wells, fixtures, and other facilities, enforcement of
rules and regulations, and inspection and examination;
(46) Code Section 46-4-122, relating to exemption from regulation by Public Service
Commission;
(47) Code Section 46-4A-12, relating to construction of chapter;
(48) Code Section 46-5-1, relating to exercise of power of eminent domain by telephone
companies, placement of posts and other fixtures, regulation of construction of fixtures,
posts, and wires near railroad tracks, liability of telephone companies for damages,
required information, and due compensation;
(49) Code Section 46-5-6, relating to exclusive power and authority of the Public Service
Commission to prescribe rules and regulations regarding public pay telephones;
(50) Code Section 46-5-41, relating to obtaining of certificate of public convenience and
necessity for construction, operation, acquisition, or extension of telephone lines, plants,
or systems;
(51) Code Section 46-5-122, relating to definitions relative to emergency telephone
number 9-1-1 system;
(52) Code Section 46-5-124, relating to guidelines for implementing state-wide
emergency 9-1-1 system and training and equipment standards;
(53) Code Section 46-5-126, relating to cooperation by commission and telephone
industry;
(54) Code Section 46-5-137, relating to powers of Public Service Commission not
affected;
(55) Code Section 46-5-162, relating to definitions relative to telecommunications and
competition development;
(56) Code Section 46-5-167, relating to the Universal Access Fund;
(57) Code Section 46-5-182, relating to certification of telecommunications companies
which bill for or solicit intrastate telecommunications services;
(58) Code Section 46-5-211, relating to consent of end user required for release of
telephone records and law enforcement exception;
(59) Code Section 46-5-213, relating to circumstances to which this article not
applicable;
(60) Code Section 46-5-222, relating to commission has no authority over setting of rates
or terms and conditions for the offering of broadband service, voice over Internet
protocol, or wireless service and limitations;
(61) Code Section 46-8-42, relating to certificate of incorporation, duration of corporate
existence, and fee for issuance of certificate;
(62) Code Section 46-8-73, relating to contents of petition for dissolution, certification
resolution recommending dissolution, attachment of resolution to petition, verification
of petition, and fee for filing petition;
(63) Code Section 46-8-75, relating to transfer of copy of petition from Secretary of State
to commission;
(64) Code Section 46-8-78, relating to order of Secretary of State accepting surrender of
charter and franchises and dissolving corporation and recording of petition, certificate of
approval, certificate of publication, and order by Secretary of State;
(65) Code Section 46-8-196, relating to use of standard signs for highway crossings and
for advertising or other purposes, mutilation, destruction, and defacement of standard
signs, and removal of unauthorized signs by county authorities;
(66) Code Section 46-8A-2, relating to line or system permit required;
(67) Code Section 47-2-91, relating to credit for accumulations of forfeited annual and
sick leave;
(68) Code Section 48-2-100, relating to exemptions for out-of-state businesses and
employees conducting operations related to declared state of emergency and
post-emergency application;
(69) Code Section 48-8-3, relating to exemptions relative to state sales and use taxes;
(70) Code Section 48-13-16, relating to excluded businesses or practitioners and other
laws on occupation taxes or registration fees of local governments not repealed;
(71) Code Section 50-13-10, relating to declaratory judgment on validity of rules and
venue for actions;
(72) Code Section 50-13-17, relating to initial decisions in contested cases, review of
initial decisions, final decisions and orders, and Public Service Commission exceptions;
(73) Code Section 50-13-19, relating to judicial review of contested cases;
(74) Code Section 50-13-42, relating to applicability of article;
(75) Code Section 50-16-46, relating to state agencies directed to provide State
Properties Commission with technical assistance;
(76) Code Section 50-16-108, relating to lessee subject to Public Service Commission
regulation;
(77) Code Section 50-23-6, relating to loans to local governments and repayment;
(78) Code Section 50-32-52, relating to grants or loans to local government; and
(79) Code Section 50-39-51, relating to payment for costs of project, optional conditions,
local government power to contract, and fees.
SECTION 4.
This Act shall become effective on January 1, 2027, conditioned upon the ratification at the
state-wide general election held in November, 2026, of an amendment to Article IV,
Section I, Paragraph I of the Georgia Constitution renaming the Georgia Public Service
Commission as the Georgia Public Utilities Commission. If such amendment is not so
ratified, this Act shall not become effective and shall stand repealed on January 1, 2027.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.