Georgia Commons

Title 46. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Chapter 3. ELECTRICAL SERVICE

227 sections · 46-3-1 to 46-3-541

Article 1. GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY · Part 1. ALLOCATION OF TERRITORIAL RIGHTS TO ELECTRIC SUPPLIERS

  1. 46-3-1Short title.
  2. 46-3-2Legislative findings and declaration of policy.
  3. 46-3-3Definitions.
  4. 46-3-4Assignment or declaration as unassigned areas-B of geographic areas outside municipal limits as of March 29, 1973.
  5. 46-3-5Assignment of geographic areas within municipal limits as of March 29, 1973.
  6. 46-3-6Assignment and unassignment of geographic areas included within wholly new municipalities after March 29, 1973.
  7. 46-3-7Assignment and unassignment of geographic areas annexed to municipalities after March 29, 1973.
  8. 46-3-8Exceptions, grandfather rights, and other rights.
  9. 46-3-9Limitation on power of electric membership corporations to furnish service within municipalities.
  10. 46-3-10Limitation on power of electric suppliers to condemn property of other electric suppliers.
  11. 46-3-11Application by electric supplier of discriminatory rates, charges, or service rules or regulations; prohibited acts by electric suppliers generally.
  12. 46-3-12Jurisdiction of commission over electric membership corporations.
  13. 46-3-13Enforcement of part by commission.
  14. 46-3-14Effect of part on municipal police powers over erection and maintenance of electric wires, poles, and other facilities of electric suppliers in streets, alleys, and public ways.
  15. 46-3-15Effect of part on charges of public utilities owned or operated by counties or municipalities.

Article 1. GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY · Part 2. HIGH VOLTAGE SAFETY

  1. 46-3-30Short title.
  2. 46-3-31Purpose of part.
  3. 46-3-32Definitions.
  4. 46-3-33Required conditions for commencing work within ten feet of high voltage line.
  5. 46-3-34Utilities protection center; funding of activities; notice of work; delay; responsibility for completing safety requirements.
  6. 46-3-35Allocation of expense of precautionary measures taken pursuant to public highway construction.
  7. 46-3-36Administration and enforcement of part by Commissioner of Labor.Reserved
  8. 46-3-37Applicability of part to railway systems, electrical engineering system or other entities.
  9. 46-3-38Applicability of part to moving or transportation of houses or buildings.
  10. 46-3-39Restriction on liability of owners and operators of high voltage lines; effect of part on duty or degree of care.
  11. 46-3-40Criminal penalty; strict liability for injury or damage; indemnification; liability for cost of delay.

Article 1. GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY · Part 3. SALE OF ELECTRICITY BY FACILITY GENERATING ELECTRICITY, STEAM, OR OTHER FORMS OF ENERGY FOR ITS OWN CONSUMPTION

  1. 46-3-50Short title.
  2. 46-3-51Legislative determinations and declarations.
  3. 46-3-52Jurisdiction of commission over cogeneration facility the energy from which is used solely by operator.
  4. 46-3-53Jurisdiction of commission over cogeneration facilities.
  5. 46-3-54Electric service providers; rates and fees.
  6. 46-3-55Measurement and payment of energy flow.
  7. 46-3-56Requirement to purchase energy from customer generator; safety standards and regulations.

Article 1. GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY · Part 4. SOLAR POWER FREE-MARKET FINANCING

  1. 46-3-60Short title.
  2. 46-3-61Findings.
  3. 46-3-62Definitions.
  4. 46-3-63Financing of solar technology; electric service provider prohibited from interfering with use of solar technology; electric service provider not liable for certain acts.
  5. 46-3-64Requirements upon a retail electric customer utilizing solar technology connected to an electric system of an electric service provider.
  6. 46-3-65Clarification of who shall be considered an electric supplier and an electric service provider.
  7. 46-3-66Construction and applicability.

Article 1. GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY · Part 5. SOLAR POWER FACILITY AGREEMENTS

  1. 46-3-67Definitions.
  2. 46-3-68Applicability.
  3. 46-3-69Decommissioning requirements.
  4. 46-3-69.1Financial assurance requirements.

Article 2. NONPROFIT RURAL ELECTRIFICATION MEMBERSHIP CORPORATIONS

  1. 46-3-70(no catchline printed)Reserved

Article 3. MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA

  1. 46-3-110Declaration of necessity.
  2. 46-3-111Definitions.
  3. 46-3-112Creation of authority; status of authority as instrumentality of state; location of principal office and legal situs or residence of authority.
  4. 46-3-113Number of members of authority; creation and operation of Municipal Electric Committee of Georgia Membership Election Committee.
  5. 46-3-114Residency requirements for authority members; ineligibility of election committee representatives for membership; eligibility of members to succeed themselves.
  6. 46-3-115Terms of authority members generally; time of meeting of election committee prior to annual meeting of authority.
  7. 46-3-116Selection of additional representatives to election committee by political subdivisions subsequently contracting with authority.
  8. 46-3-117Manner of distribution of votes among representatives to election committee; quorum of election committee.
  9. 46-3-118Vacancies on authority.
  10. 46-3-119Officers of authority.
  11. 46-3-120Quorum of authority; action by majority vote; adjournment of meetings at which less than a majority is present.
  12. 46-3-121Annual meeting of authority; special meetings; notice of meetings; waiver of notice; regular meetings other than annual meeting.
  13. 46-3-122Reimbursement of members for expenses; making of rules and regulations by authority; employment of staff and personnel; designation of assistant secretary-treasurer.
  14. 46-3-123Removal of authority members from office.
  15. 46-3-124Books and records generally.
  16. 46-3-125Purpose of authority.
  17. 46-3-126Powers of authority generally.
  18. 46-3-127Policy as to nonprofit operation of projects by authority; fixing of rates, fees, and charges by authority.
  19. 46-3-128Declaration of authority property as public property; payments by authority in lieu of taxes; authority tax exemptions.
  20. 46-3-129Contracts between authority and political subdivisions for use of projects and facilities of authority.
  21. 46-3-130Eligibility of political subdivisions to contract with authority.
  22. 46-3-131Issuance of revenue bonds and bond anticipation notes in general.
  23. 46-3-132Validation of contracts for payments pledged as security for bonds.
  24. 46-3-133Failure of district attorney to pursue judicial validation of bonds.
  25. 46-3-134Bonds as legal investments; depositing bonds with public officers and bodies of state.
  26. 46-3-135Pledge of authority’s revenues and earnings to payment of principal of and interest on bonds; setting aside of pledged revenues and earnings into sinking funds.
  27. 46-3-136Securing of bonds by trust agreement or indenture.
  28. 46-3-137Application of bond proceeds to cost of projects; issuance of additional bonds to remedy deficit in proceeds from bond issue; application of surplus proceeds.
  29. 46-3-138Mutilated, lost, stolen, or destroyed bonds and coupons.
  30. 46-3-139Interest on bonds.
  31. 46-3-140Cancellation of evidences of indebtedness and interest coupons.
  32. 46-3-141Records of evidences of indebtedness issued.
  33. 46-3-142Paying agents for bonds.
  34. 46-3-143Bond anticipation notes.
  35. 46-3-144Negotiability of bonds, notes, and other evidences of debt.
  36. 46-3-145Liability of members of authority on bonds and notes; obligations of state and political subdivisions in regard to issued bonds or notes; requirement as to recital on face of bonds and notes.
  37. 46-3-146Preservation of interests and rights of owners of bonds and notes.
  38. 46-3-147Appointment of receiver for authority for default on bonds; duties of receiver; termination of receivership; jurisdiction of court over receiver.
  39. 46-3-148Financing projects; application of revenues; time of payment; indemnity by political subdivisions; enforcement; assignment of payments; issuing resolutions governing dispositions of revenues.
  40. 46-3-149Status of authority’s funds received from revenue bonds, fees, tolls, charges, gifts, grants, or other contributions as trust funds; lien of bond owners on funds.
  41. 46-3-150Audits of authority and of funds established in connection with its debt.
  42. 46-3-151Venue of actions.
  43. 46-3-152Jurisdiction of commission over rates, services, and practices of authority.
  44. 46-3-153Applicability of other laws to meetings and records of authority.
  45. 46-3-154Supplemental nature of powers conferred by article.
  46. 46-3-155Construction of article.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 1. GENERAL PROVISIONS

  1. 46-3-170Short title.
  2. 46-3-171Definitions.
  3. 46-3-172Applicability of article.
  4. 46-3-173Effect of affixing corporate seal; signing of documents; affixing of seal as optional; signing of deeds after dissolution of an electric membership corporation.
  5. 46-3-174Filing of documents with Secretary of State; filing of articles of correction.
  6. 46-3-175Certification of documents by Secretary of State.
  7. 46-3-176Obligations issued to secure payment of federal loans as constituting securities; exemption of obligations and membership certificates from Georgia securities laws.
  8. 46-3-177Jurisdiction of commission.
  9. 46-3-178Intent of article as regards authority of electric membership corporations to own or operate cable television systems.
  10. 46-3-179Validity of transactions entered into before July 1, 1981; preservation of rights, duties, and interests arising from such transactions.
  11. 46-3-180Effect of article on cause of action, liability, penalty, or special proceeding accrued, existing, incurred, or pending as of July 1, 1981.
  12. 46-3-181Reservation of power by General Assembly.
  13. 46-3-182Construction of article as against Part 1 of Article 1 of this chapter, the “Georgia Territorial Electric Service Act.”

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 2. CORPORATE PURPOSES AND POWERS

  1. 46-3-200Purposes of electric membership corporations.
  2. 46-3-200.1Authorized acts of electric membership corporation or broadband affiliate.
  3. 46-3-200.2Cross-subsidization; jurisdiction over compliance with the cross-subsidization prohibitions; expedited adjudication.
  4. 46-3-200.3Rights, powers, and benefits to broadband affiliates of electric membership corporations.
  5. 46-3-200.4Rates, terms, and conditions for pole attachments between communications service providers and electric membership corporations and affiliates.
  6. 46-3-201Existence of electric membership corporations under articles of incorporation; duration of corporations; powers of corporations generally.
  7. 46-3-202Defense of ultra vires.
  8. 46-3-203Unauthorized assumption of corporate powers.
  9. 46-3-204Limitations as to actions growing out of acquisition of rights of way, easements, or occupation of lands of others; damages recoverable.
  10. 46-3-205Use of easements.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 3. CORPORATE NAME

  1. 46-3-220Requirements as to corporate name generally.
  2. 46-3-221Reservation of names.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 4. REGISTERED OFFICE, REGISTERED AGENTS, SERVICE OF PROCESS, AND VENUE

  1. 46-3-240Registered office and registered agent.
  2. 46-3-241Change of registered office or registered agent.
  3. 46-3-242Service of process on electric membership corporations.
  4. 46-3-243Venue in proceedings against electric membership corporations and foreign electric cooperatives generally.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 5. MEMBERS

  1. 46-3-260Qualifications of members; provision by articles of incorporation or bylaws for transfer, classification, and termination of memberships.
  2. 46-3-261Liability of members.
  3. 46-3-262Meetings of members generally.
  4. 46-3-263Notice of members’ meetings.
  5. 46-3-264Closing of record books and fixing of record date.
  6. 46-3-265Quorum of members; adjournment of meeting by majority of members represented at meeting.
  7. 46-3-266Voting by members generally.
  8. 46-3-267Effect of voting requirements provided for in articles of incorporation or bylaws.
  9. 46-3-268Voting by proxy generally.
  10. 46-3-269Dissenters’ rights.
  11. 46-3-270Credentials and elections committee.
  12. 46-3-271Maintenance of books and records of account; inspection of books and records by members; preparation of annual financial statements.
  13. 46-3-272Derivative actions by members.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 6. DIRECTORS AND OFFICERS

  1. 46-3-290Electric membership corporation board of directors management; knowledge of directors’ limitations required; qualifications; expenses.
  2. 46-3-291Number of directors; statement of names and addresses of initial directors in articles of incorporation; duration of director’s service in office.
  3. 46-3-292Provisional director.
  4. 46-3-293Classification of directors; division of service territory into districts.
  5. 46-3-294Vacancies on board of directors generally.
  6. 46-3-295Removal of directors.
  7. 46-3-296Quorum of directors; action by majority vote; conducting of meetings of board or committees by conference calls.
  8. 46-3-297Executive committee and other committees.
  9. 46-3-298Place, time, and notice of directors’ meetings; waiver of notice; adjournment of meetings; notice of adjournment; manner of calling meetings.
  10. 46-3-299Action by directors without a meeting.
  11. 46-3-300Dissent by a director.
  12. 46-3-301Election or appointment of officers generally.
  13. 46-3-302Removal of officers; filling of vacancies.
  14. 46-3-303Duty of directors and officers to act in good faith; reliance on financial information prepared by others; presumption of good faith.
  15. 46-3-303.1Standard of care for officers in discharge of duties; reasonable reliances.
  16. 46-3-304Actions against directors and officers.
  17. 46-3-305Interested directors and officers.
  18. 46-3-306Indemnification of officers, directors, employees, and agents; purchase and maintenance of liability insurance; notice to members of payment of indemnification.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 7. ORGANIZATION OF ELECTRIC MEMBERSHIP CORPORATIONS

  1. 46-3-320Number of incorporators; age requirement.
  2. 46-3-321Signing of articles of incorporation; contents of articles of incorporation.
  3. 46-3-322Articles of incorporation filing; certificate of incorporation issuance; certificate forwarding; articles of incorporation rejection; notice publication; corporate existence commencement.
  4. 46-3-323Effect of issuance of certificate of incorporation.
  5. 46-3-324Organization meeting of directors.
  6. 46-3-325Adoption of initial bylaws; authority to alter, amend, repeal, or adopt new bylaws; contents of bylaws generally.
  7. 46-3-326Adoption of bylaws for emergency conditions; emergency powers of board of directors generally.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 8. OPERATION OF ELECTRIC MEMBERSHIP CORPORATIONS GENERALLY

  1. 46-3-340Nonprofit operation of electric membership corporations required; financing of operations; bylaw provisions concerning revenues, assets, and member classification.
  2. 46-3-341Return of revenues upon death of member.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 9. AMENDMENT AND RESTATEMENT OF ARTICLES OF INCORPORATION OF ELECTRIC MEMBERSHIP CORPORATIONS

  1. 46-3-360Right of electric membership corporation to amend articles of incorporation.
  2. 46-3-361Procedure to amend articles of incorporation generally.
  3. 46-3-362Manner of execution of articles of amendment; contents of articles of amendment.
  4. 46-3-363Procedure to amend articles of incorporation with Secretary of State; proposed corporate name changes.
  5. 46-3-364Time of effectiveness of amendment; effect of amendment on pending causes of action.
  6. 46-3-365Restated articles of incorporation.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 10. MERGERS AND CONSOLIDATIONS INVOLVING ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES

  1. 46-3-380Procedure for merger generally.
  2. 46-3-381Procedure for consolidation generally.
  3. 46-3-382Approval of merger or consolidation plan by members.
  4. 46-3-383Articles of merger or articles of consolidation; contents and procedures; obtaining of certificate from Secretary of State upon use of new name.
  5. 46-3-384Effect of merger or consolidation.
  6. 46-3-385Merger or consolidation of electric membership corporations and foreign electric cooperatives.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 11. SALE AND OTHER DISPOSITION OF CORPORATE ASSETS

  1. 46-3-400Secured transactions and other dispositions of assets not requiring member approval.
  2. 46-3-401Sale, lease, exchange, or other disposition of corporate assets requiring member approval.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 12. DISSOLUTION OF ELECTRIC MEMBERSHIP CORPORATIONS

  1. 46-3-420Commencement of proceedings for voluntary dissolution of an electric membership corporation generally.
  2. 46-3-421Filing of statement of intent to dissolve with Secretary of State and state revenue commissioner.
  3. 46-3-422Effect of filing of statement of intent to dissolve.
  4. 46-3-423Procedure after filing statement of intent to dissolve.
  5. 46-3-424Revocation of voluntary dissolution proceedings by electric membership corporation.
  6. 46-3-425Filing of statement of revocation of voluntary dissolution proceedings with Secretary of State.
  7. 46-3-426Effect of filing of statement of revocation of voluntary dissolution proceedings.
  8. 46-3-427Execution of articles of dissolution; contents of articles of dissolution.
  9. 46-3-428Filing of articles of dissolution with Secretary of State; certificate of dissolution procedures; time of cessation of existence of electric membership corporation.
  10. 46-3-429Commencement of actions for involuntary dissolution of electric membership corporations by superior courts.
  11. 46-3-430Venue and service of process in action for involuntary dissolution.
  12. 46-3-431Jurisdiction of court to liquidate assets and business of electric membership corporation.
  13. 46-3-432Procedure in liquidation of electric membership corporation by court.
  14. 46-3-433Qualification of receivers; giving of bond.
  15. 46-3-434Filing of claims in liquidation proceedings; effect of failure to file claims.
  16. 46-3-435Discontinuance of liquidation proceedings.
  17. 46-3-436Entry of decree of involuntary dissolution; time of cessation of existence of electric membership corporation.
  18. 46-3-437Filing of decree of involuntary dissolution; giving of notice of entry of decree.
  19. 46-3-438Deposit with Office of the State Treasurer of amount due unknown, disabled, or unlocatable creditors or members; disposition of unclaimed amounts; time limitation.
  20. 46-3-439Survival of remedy after dissolution.
  21. 46-3-440Revival of electric membership corporation after dissolution by expiration of period of duration.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 13. POWERS AND DUTIES OF FOREIGN ELECTRIC COOPERATIVES TRANSACTING BUSINESS IN STATE GENERALLY

  1. 46-3-450Requirement of obtaining certificate of authority by foreign electric cooperative; applicability of state laws generally; acts not constituting transaction of business in this state.
  2. 46-3-451Powers of foreign electric cooperatives under certificate of authority generally.
  3. 46-3-452Name of foreign electric cooperative.
  4. 46-3-453Change of name by foreign electric cooperative.
  5. 46-3-454Contents of application for certificate of authority; submission of consent to appointment as registered agent; execution of application by officers of foreign electric cooperative.
  6. 46-3-455Filing of application for certificate of authority; issuance of certificate of authority by Secretary of State.
  7. 46-3-456Effect of certificate of authority.
  8. 46-3-457Designation of registered office and registered agent of foreign electric cooperative; maintenance by Secretary of State of offices and agents; consent to appointment as agent.
  9. 46-3-458Change of registered office or registered agent of foreign electric cooperative.
  10. 46-3-459Service of process on foreign electric cooperative authorized to transact business in this state.
  11. 46-3-460Filing of amendment to articles of incorporation of foreign electric cooperative.
  12. 46-3-461Effect of merger whereby foreign electric cooperative is surviving entity.
  13. 46-3-462Amending of certificate of authority.
  14. 46-3-463Contents of application for withdrawal; execution of application and attestation by officers; obtaining of certificate from state revenue commissioner.
  15. 46-3-464Filing of application for withdrawal; issuance of certificate of withdrawal; time of cessation of authority to transact business.
  16. 46-3-465Effect of termination of existence of foreign electric cooperative.
  17. 46-3-466Grounds for revocation of certificate of authority; giving notice of revocation.
  18. 46-3-467Issuance of certificate of revocation; time of cessation of authority to transact business.
  19. 46-3-468Application for reinstatement of certificate of authority.
  20. 46-3-469Transacting business without certificate of authority.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 14. ANNUAL REPORTS

  1. 46-3-480Requirement of annual reports by electric membership corporation and foreign electric cooperative.
  2. 46-3-481Filing of annual reports; correction of reports.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 15. FEES AND CHARGES

  1. 46-3-500Authority of Secretary of State to charge and collect fees generally.
  2. 46-3-501Fees for filing documents and issuing certificates.
  3. 46-3-502Fees for furnishing certified copies of documents, instruments, and papers and for furnishing a certificate of search or a certificate of good standing.
  4. 46-3-503Fees for advertising.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 16. PROVISIONS RELATING TO THE SECRETARY OF STATE

  1. 46-3-520Powers of Secretary of State generally.
  2. 46-3-521Propounding of interrogatories by Secretary of State.
  3. 46-3-522Disclosure of facts and information obtained from interrogatories.
  4. 46-3-523Notification of actions taken by Secretary of State; appeals of certain decisions and actions of Secretary of State; appeal of decision of superior court.

Article 4. ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES · Part 17. PENALTIES

  1. 46-3-540Civil penalties for actions or omissions by electric membership corporations and foreign electric cooperatives.
  2. 46-3-541Civil and criminal penalties for actions or omissions by officers and directors of electric membership corporations and foreign electric cooperatives.