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Georgia House Bill HB402

Georgia 2025-2026 Regular Session

Georgia House Bill HB402 Compare Versions

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11 25 LC 55 0476
22 House Bill 402
33 By: Representatives Frye of the 122
44 nd
55 , Bell of the 75
66 th
77 , Drenner of the 85
88 th
99 , Sanchez of the
1010 42
1111 nd
1212 , Paris of the 142
1313 nd
1414 , and others
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Titles 46 and 50 of the Official Code of Georgia Annotated, relating to public
1818 1
1919 utilities and public transportation and state government, respectively, so as to provide for the2
2020 establishment of renewable energy sources and renewable energy portfolio standard goals3
2121 by the Public Service Commission for electric service providers; to provide for the inclusion4
2222 of existing or planned renewable energy resources in integrated resource plans; to authorize5
2323 the Georgia Environmental Finance Authority to finance and perform certain duties in6
2424 connection with projects relating to renewable energy facilities; to provide for limited7
2525 liability; to revise and provide for definitions; to provide for rules and regulations; to provide8
2626 legislative findings; to provide for related matters; to repeal conflicting laws; and for other9
2727 purposes.10
2828 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
2929 SECTION 1.12
3030 Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public13
3131 transportation, is amended in Article 1 of Chapter 3, relating to generation and distribution14
3232 of electricity generally, by adding a new part to read as follows:15
3333 H. B. 402
3434 - 1 - 25 LC 55 0476
3535 "Part 616
3636 46-3-69.5.17
3737 (a) It is the intent of the legislature to recognize the economic, environmental, and fuel18
3838 diversity benefits of renewable energy resources; to encourage further development of19
3939 these resources; and to encourage the establishment of a market for renewable energy in20
4040 Georgia using this state's renewable energy resources. These efforts can reduce the21
4141 consumption of fossil fuels for the generation of electricity and reduce this state's22
4242 dependence on finite, nonrenewable resources. Accordingly, the General Assembly finds23
4343 and declares that goals should be established for electric service providers to guide them24
4444 in incorporating renewable resources into their resource portfolios.25
4545 (b) The purpose of this part is to lessen Georgia's dependence on fossil fuels and the26
4646 exposure of Georgia's consumers to volatile and rising prices for coal and natural gas by27
4747 encouraging the greater use of renewable energy by establishing goals for electric service28
4848 providers in implementing portfolio standards for renewable energy.29
4949 46-3-69.6.30
5050 As used in this part, the term:31
5151 (1) 'Biomass material' means organic matter, excluding fossil fuels and black liquor,32
5252 including agricultural crops; plants; trees; wood; wood wastes and residues; sawmill33
5353 waste; sawdust; wood chips; bark chips; forest thinning, harvesting, or clearing residues;34
5454 wood waste from pallets or other wood demolition debris; peanut shells; cotton plants;35
5555 corn stalks; and plant matter, including aquatic plants, grasses, stalks, vegetation, and36
5656 residues, including hulls, shells, or cellulose-containing fibers.37
5757 (2) 'Electric membership corporation' means a corporation organized under Article 4 of38
5858 this chapter.39
5959 H. B. 402
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6161 (3) 'Electric service provider' means any electric utility, electric membership corporation,40
6262 or municipal electric provider engaged in the business of distributing electricity to retail41
6363 or wholesale electric customers in this state.42
6464 (4) 'Low impact hydropower' means energy produced by a dam and powerhouse that is:43
6565 (A) Certified as low impact by the Low Impact Hydropower Institute; or44
6666 (B) Evaluated by the commission as being compliant with the following standards:45
6767 (i) Providing river flows that are healthy for fish, wildlife, and water quality,46
6868 including seasonal flow fluctuations where appropriate;47
6969 (ii) Protecting water quality in the river;48
7070 (iii) Providing effective fish passage and protecting fish from entrainment;49
7171 (iv) Taking sufficient action to protect, mitigate, and enhance environmental50
7272 conditions in the watershed;51
7373 (v) Avoiding negative impact on species classified as threatened or endangered by52
7474 the federal or state government;53
7575 (vi) Avoiding inappropriate impact on cultural resources;54
7676 (vii) Providing free access to the water and accommodating recreational activities on55
7777 the river; and56
7878 (viii) Avoiding any recommendation for removal by a federal or state agency due to57
7979 adverse environmental impacts.58
8080 (5) 'Municipal electric provider' means an entity that provides electric services and that59
8181 is owned or operated by a municipal corporation.60
8282 (6) 'Renewable energy' means electrical energy produced from or by renewable energy61
8383 sources.62
8484 (7) 'Renewable energy sources' means any of the following: wind; solar energy; low63
8585 impact hydropower; geothermal resources; ocean thermal energy; wave or tidal energy;64
8686 biofuels derived entirely from organic sources other than coal, petroleum, or natural gas;65
8787 the combustion of landfill gas; methane gas resulting from the anaerobic decomposition66
8888 H. B. 402
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9090 of organic materials; plasma arc; pyrolysis; gasification; biomass materials; postconsumer67
9191 waste paper; forest related sources, including mill residues, waste pallets, crates, and68
9292 dunnage; or forest and agricultural biomass sources, including orchard tree crops,69
9393 vineyard, grain, legumes, sugar, switchgrass, other crop by-products or residues, and70
9494 precommercial thinning, slash, brush, or landscape trimmings, but not including71
9595 old-growth timber.72
9696 46-3-69.7.73
9797 (a) On or before July 1, 2026, the commission shall establish renewable energy sources74
9898 and renewable energy portfolio standard goals for electric service providers to reach on an75
9999 annual basis. Such goals shall not exceed 20 percent of annual net electricity sales for each76
100100 electric service provider. In developing the renewable energy sources and renewable77
101101 energy portfolio standard goals, the commission shall evaluate current and forecasted78
102102 levelized costs in cents per kilowatt hour for all electric service providers through 2030 and79
103103 current and forecasted installed capacity in kilowatts for each renewable energy generation80
104104 method for all electric service providers through 2050.81
105105 (b) Electric service providers are encouraged to meet and maintain the renewable energy82
106106 sources and renewable energy portfolio standard goals established pursuant to83
107107 subsection (a) of this Code section.84
108108 46-3-69.8.85
109109 On or before July 1, 2026, the commission shall adopt rules and regulations to carry out the86
110110 provisions of this part. Such rules and regulations shall, at a minimum:87
111111 (1) Provide for a reporting system to monitor voluntary compliance with this part. Such88
112112 reporting system shall require electric service providers to report whether they are subject89
113113 to energy portfolio requirements in more than one state and the amount of such90
114114 requirements, if applicable, and to indicate the sources of energy used to voluntarily91
115115 H. B. 402
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117117 comply with the renewable energy sources and renewable energy portfolio standard goals92
118118 established pursuant to subsection (a) of Code Section 46-3-46.7 and the requirements93
119119 of other applicable states; and94
120120 (2) Provide for annual reporting by all electric service providers of renewable energy95
121121 usage, how the generation costs of renewable energy compare to costs from other96
122122 generation sources, and the average price paid for the sources of the renewable energy97
123123 produced."98
124124 SECTION 2.99
125125 Said title is further amended in Code Section 46-3A-1, relating to definitions relative to100
126126 integrated resource planning, by revising paragraph (7) as follows:101
127127 "(7) 'Plan' means an integrated resource plan which contains the utility's electric demand102
128128 and energy forecast for at least a 20 year period, contains the utility's program for meeting103
129129 the requirements shown in its forecast in an economical and reliable manner, contains the104
130130 utility's analysis of all capacity resource options, including both demand-side and105
131131 supply-side options, and sets forth the utility's assumptions and conclusions with respect106
132132 to the effect of each capacity resource option on the future cost and reliability of electric107
133133 service. The plan shall also:108
134134 (A) Contain the size and type of facilities which are expected to be owned or operated109
135135 in whole or in part by such utility and the construction of which is expected to110
136136 commence during the ensuing ten years or such longer period as the commission deems111
137137 necessary and shall identify all existing facilities intended to be removed from service112
138138 during such period or upon completion of such construction;113
139139 (B) Contain practical alternatives to the fuel type and method of generation of the114
140140 proposed electric generating facilities and set forth in detail the reasons for selecting the115
141141 fuel type and method of generation;116
142142 H. B. 402
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144144 (C) Contain a statement of the estimated impact of proposed and alternative generating
145145 117
146146 plants on the environment and the means by which potential adverse impacts will be118
147147 avoided or minimized;119
148148 (D) Indicate in detail the projected demand for electric energy for a 20 year period and120
149149 the basis for determining the projected demand;121
150150 (E) Describe the utility's relationship to other utilities in regional associations, power122
151151 pools, and networks;123
152152 (F) Identify and describe all major research projects and programs which will continue124
153153 or commence in the succeeding three years and set forth the reasons for selecting125
154154 specific areas of research;126
155155 (G) Identify and describe existing and planned programs and policies to discourage127
156156 inefficient and excessive power use;128
157157 (H) Identify and describe existing and planned renewable energy resources, if any,
158158 129
159159 used by the utility and whether such existing and planned renewable energy resources130
160160 are sufficient to comply with the renewable energy sources and renewable energy131
161161 portfolio standard goals established pursuant to subsection (a) of Code Section132
162162 46-3-46.7; and133
163163 (H)(I) Provide any other information as may be required by the commission."134
164164 SECTION 3.135
165165 Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended136
166166 in Code Section 50-23-4, relating to definitions relative to the Georgia Environmental137
167167 Finance Authority, by revising paragraphs (5) and (6) and adding a new paragraph to read138
168168 as follows:139
169169 "(5) 'Environmental facilities' means any projects, structures, and other real or personal140
170170 property acquired, rehabilitated, constructed, or planned:141
171171 H. B. 402
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173173 (A) For the purposes of supplying, distributing, and treating water and diverting,
174174 142
175175 channeling, or controlling water flow and head including, but not limited to, surface or143
176176 ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes,144
177177 penstocks, conduits, pipelines, mains, pumping stations, water distribution systems,145
178178 compensating reservoirs, intake stations, waterworks or sources of water supply, wells,146
179179 purification or filtration plants or other treatment plants and works, connections, water147
180180 meters, mechanical equipment, electric generating equipment, rights of flowage or148
181181 division and other plant structures, equipment, conveyances, real or personal property149
182182 or rights therein and appurtenances, furnishings, accessories, and devices thereto150
183183 necessary or useful and convenient for the collection, conveyance, distribution,151
184184 pumping, treatment, storing, or disposing of water;152
185185 (B) For the purposes of collecting, treating, or disposing of sewage including, but not153
186186 limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall,154
187187 pumping stations, treatment and disposal plants, ground water rechange basins,155
188188 backflow prevention devices, sludge dewatering or disposal equipment and facilities,156
189189 clarifiers, filters, phosphorus removal equipment and other plants, soil absorption157
190190 systems, innovative systems or equipment, structures, equipment, vehicles,158
191191 conveyances, real or personal property or rights therein, and appurtenances thereto159
192192 necessary or useful and convenient for the collection, conveyance, pumping, treatment,160
193193 neutralization, storing, and disposing of sewage;161
194194 (C) For the purposes of collecting, treating, recycling, composting, or disposing of162
195195 solid waste, including, but not limited to, trucks, dumpsters, intermediate reception163
196196 stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills,164
197197 landfill equipment, barrels, binders, barges, alternative technologies and other plant165
198198 structures, equipment, conveyances, improvements, real or personal property or rights166
199199 therein, and appurtenances, furnishings, accessories, and devices thereto necessary or167
200200 useful and convenient for the collection, treatment, or disposal of solid waste; or
201201 168
202202 H. B. 402
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204204 (D) For the purposes of carrying out a community land conservation project or a state
205205 169
206206 land conservation project pursuant to Chapter 22 of Title 36; or
207207 170
208208 (E) For the purposes of generating, storing, and transmitting renewable energy, as such171
209209 term is defined in Code Section 46-3-69.6, including, but not limited to, generation172
210210 facilities, battery storage facilities, electric transformers, transmission lines, equipment,173
211211 vehicles, conveyances, real or personal property or rights therein and appurtenances,174
212212 furnishings, accessories, and devices thereto necessary or useful and convenient for the175
213213 generation, storing, and transmitting of such renewable energy.176
214214 (6) 'Environmental services' means the provision, collectively or individually, of water177
215215 facilities, sewerage facilities, solid waste facilities, renewable energy facilities,178
216216 community land conservation projects or state land conservation projects pursuant to179
217217 Chapter 22 Title 36, or management services."180
218218 "(12.1) 'Renewable energy facility' means any environmental facility described in181
219219 subparagraph (E) of paragraph (5) of this Code section."182
220220 SECTION 4.183
221221 Said title is further amended in subsection (b) of Code Section 50-23-5, relating to purpose,184
222222 powers, and duties, by striking "and" at the end of paragraph (33), by striking the period and185
223223 inserting in lieu thereof "; and" at the end of subparagraph (J) of paragraph (34), and by186
224224 adding a new paragraph to read as follows:187
225225 "(35) To promulgate and adopt rules and regulations to carry out the purposes of this188
226226 chapter."189
227227 SECTION 5.190
228228 Said title is further amended in Code Section 50-23-12, relating to personal liability of191
229229 members, officers, and employees of the authority, by revising paragraph (2) as follows:192
230230 H. B. 402
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232232 "(2) The construction, ownership, maintenance, or operation of any solid waste system,
233233 193
234234 sewerage system, renewable energy system,
235235 environmental facility, or water system194
236236 owned by a local government; or"195
237237 SECTION 6.196
238238 All laws and parts of laws in conflict with this Act are repealed.197
239239 H. B. 402
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