---
title: SB 94. Public Utilities and Public Transportation; a consumer utility counsel to represent consumers in matters before the Public Service Commission or other agencies concerning public utilities; reestablish
collection: bills
id: 2025-2026/sb94
cite_as: SB 94, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb94
md_url: https://georgiacommons.org/bills/2025-2026/sb94.md
text_url: https://georgiacommons.org/bills/2025-2026/sb94/text
source_url: https://www.legis.ga.gov/legislation/69896
date: 2026-02-18
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: 500
omitted_url: https://georgiacommons.org/bills/2025-2026/sb94.md?full=1
bill_number: SB 94
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-04
last_action: Senate Committee Favorably Reported By Substitute
sponsors:
  - Chuck Hufstetler
  - Jason Anavitarte
  - Ricky Williams
  - Randy Robertson
  - John Albers
  - Nikki Merritt
  - Bo Hatchett
  - Shawn Still
  - Elena Parent
  - Kenya Wicks
  - Harold Jones
  - Gail Davenport
  - Sonya Halpern
  - RaShaun Kemp
  - Ed Harbison
  - Donzella James
  - Randal Mangham
  - Kay Kirkpatrick
  - David Lucas
  - Freddie Sims
  - Tonya Anderson
  - Derek Mallow
  - Kim Jackson
  - Sheikh Rahman
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB94/2025
upstream_id: 1955741
summaries_model: claude-sonnet-5
topic_tags:
  - utility rates
  - Public Service Commission
  - consumer protection
  - electricity and gas bills
  - state government agencies
---

# SB 94. Public Utilities and Public Transportation; a consumer utility counsel to represent consumers in matters before the Public Service Commission or other agencies concerning public utilities; reestablish

## Text

The Senate Committee on Regulated Industries and Utilities offered the following
substitute to SB 94:
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 adding a new chapter to read as follows:
<ins>"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 further recognized that the Public Service Commission has been established
for the purpose of regulating public utilities and the rates which they charge the consumer
and that the commission is responsible for representing the public interest. The General
Assembly is aware, however, that the commission must be furnished with all available
information concerning the effects of its decisions in rate cases and proceedings before it.
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.
</ins>
<ins>(3) 'Office' means the Office of the Consumers' Utility Counsel.
46-10-3.
There is created the Office of the Consumers' Utility Counsel, which shall be assigned to
the Department of Law for administrative purposes only as provided in Code
Section 50-4-3. There is created the position of director of the office. The director shall
be appointed and removed by the Governor. 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 to be determined by the Governor, but
not to exceed 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.
</ins>
<ins>(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.
</ins>
<ins>(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,
</ins>
<ins>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."
</ins> 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.

A Senate committee substitute would recreate an Office of the Consumers' Utility Counsel to represent Georgia residents and small businesses in cases before the Public Service Commission and other agencies over utility rates and service.

### Plain-language summary

Georgia currently has no dedicated office representing everyday consumers in Public Service Commission proceedings over electricity, gas, and other utility rates. This bill would add a new chapter to Georgia's utilities law creating the Office of the Consumers' Utility Counsel, housed administratively inside the Department of Law, led by a director appointed and removable by the Governor.
The director would be a practicing attorney who could appear in Public Service Commission cases, similar federal agency proceedings, and related court cases on behalf of Georgia consumers, defined as individual household users and small businesses with ten or fewer employees and no more than $100,000 in annual after-tax income. The director could hire staff and experts, take depositions, and would get access to commission records. The office must report annually to top state officials, and its funding comes from money appropriated to the commission.

### What it does

- Creates the Office of the Consumers' Utility Counsel within the Department of Law, led by a director appointed and removed by the Governor.
- Authorizes the director to represent Georgia consumers as a party in Public Service Commission cases and related federal agency and court proceedings involving utility rates or service.
- Defines 'consumer' to include individual household utility users and small businesses with ten or fewer employees and after-tax income of $100,000 or less per year.
- Requires the Public Service Commission to notify the director of filings and give at least ten days' written notice before hearing matters the director may join.
- Lets the director take depositions, subpoena records, and use commission staff experts, accountants, and engineers to investigate utility cases.
- Requires the director to submit an annual written report to the Governor, legislative leaders, and relevant House and Senate committee chairs by December 31.

### Who it affects

Residential utility customers and small businesses that use regulated services like electricity, gas, and telecommunications; the Public Service Commission and its staff, who must share records and give notice; the Department of Law, which would house the new office; and the Governor, who appoints the director.

### Why it matters

Consumers would gain a dedicated legal advocate arguing their side in utility rate cases, potentially affecting how much Georgians pay for electricity, gas, and other regulated services. The Public Service Commission would face new notice and information-sharing obligations tied to this advocate's involvement in its proceedings.

### Key provisions

- Section 46-10-1 states legislative findings that Georgians should get adequate utility service at the lowest reasonable cost and that the commission needs full information in rate cases.
- Section 46-10-2 defines 'consumer' as individual household users or small businesses with ten or fewer employees and after-tax income of $100,000 or less.
- Section 46-10-3 creates the office within the Department of Law for administrative purposes, sets director qualifications and pay capped at the district attorney salary level under O.C.G.A. § 45-7-4(21), and requires an annual report by December 31.
- Section 46-10-4 authorizes the director to appear before the commission, federal agencies, and courts on behalf of consumers in rate and service proceedings.
- Section 46-10-5 requires the commission to serve the director with filings and give ten days' notice before hearings, and lets the director take depositions and discovery as if before a superior court.
- Section 46-10-6 lets the director hire staff, consultants, and experts, paid from funds appropriated to the commission for this purpose.
- Section 46-10-7 gives the director and staff access to commission records and the ability to request appraisals and audits from commission experts.
- Section 46-10-8 clarifies the chapter does not stop other parties from appearing on their own behalf in commission or court proceedings.

## Status

- Status: Introduced (2025-02-04)
- Last action: Senate Committee Favorably Reported By Substitute (2026-02-18)
- Sponsors: Chuck Hufstetler, Jason Anavitarte, Ricky Williams, Randy Robertson, John Albers, Nikki Merritt, Bo Hatchett, Shawn Still, Elena Parent, Kenya Wicks, Harold Jones, Gail Davenport, Sonya Halpern, RaShaun Kemp, Ed Harbison, Donzella James, Randal Mangham, Kay Kirkpatrick, David Lucas, Freddie Sims, Tonya Anderson, Derek Mallow, Kim Jackson, Sheikh Rahman
- Official page: https://www.legis.ga.gov/legislation/69896

> The history, votes, and amendments (500 characters) are at https://georgiacommons.org/bills/2025-2026/sb94.md?full=1