---
title: O.C.G.A. § 46-3-62. Definitions.
collection: code
id: 46-3-62
cite_as: O.C.G.A. § 46-3-62 (2025)
canonical_url: https://georgiacommons.org/code/46-3-62
md_url: https://georgiacommons.org/code/46-3-62.md
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date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / ELECTRICAL SERVICE / GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY / SOLAR POWER FREE-MARKET FINANCING
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---

# O.C.G.A. § 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” shall have the same meaning as set forth in 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” shall have the same meaning as set forth in 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.

## History

Code 1981, § 46-3-62, enacted by Ga. L. 2015, p. 1438, § 1/HB 57; Ga. L. 2025, p. 1029, § 46(13)/SB 153, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “shall have the same meaning as set forth in” for “has the same meaning as provided in paragraph (3) of” in paragraph (5) and substituted “shall have the same meaning as set forth in” for “has the same meaning as provided in paragraph (6) of” in paragraph (9).