25 LC 55 0476
House Bill 402
By: Representatives Frye of the 122
nd
, Bell of the 75
th
, Drenner of the 85
th
, Sanchez of the
42
nd
, Paris of the 142
nd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 46 and 50 of the Official Code of Georgia Annotated, relating to public
1
utilities and public transportation and state government, respectively, so as to provide for the2
establishment of renewable energy sources and renewable energy portfolio standard goals3
by the Public Service Commission for electric service providers; to provide for the inclusion4
of existing or planned renewable energy resources in integrated resource plans; to authorize5
the Georgia Environmental Finance Authority to finance and perform certain duties in6
connection with projects relating to renewable energy facilities; to provide for limited7
liability; to revise and provide for definitions; to provide for rules and regulations; to provide8
legislative findings; to provide for related matters; to repeal conflicting laws; and for other9
purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public13
transportation, is amended in Article 1 of Chapter 3, relating to generation and distribution14
of electricity generally, by adding a new part to read as follows:15
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"Part 616
46-3-69.5.17
(a) It is the intent of the legislature to recognize the economic, environmental, and fuel18
diversity benefits of renewable energy resources; to encourage further development of19
these resources; and to encourage the establishment of a market for renewable energy in20
Georgia using this state's renewable energy resources. These efforts can reduce the21
consumption of fossil fuels for the generation of electricity and reduce this state's22
dependence on finite, nonrenewable resources. Accordingly, the General Assembly finds23
and declares that goals should be established for electric service providers to guide them24
in incorporating renewable resources into their resource portfolios.25
(b) The purpose of this part is to lessen Georgia's dependence on fossil fuels and the26
exposure of Georgia's consumers to volatile and rising prices for coal and natural gas by27
encouraging the greater use of renewable energy by establishing goals for electric service28
providers in implementing portfolio standards for renewable energy.29
46-3-69.6.30
As used in this part, the term:31
(1) 'Biomass material' means organic matter, excluding fossil fuels and black liquor,32
including agricultural crops; plants; trees; wood; wood wastes and residues; sawmill33
waste; sawdust; wood chips; bark chips; forest thinning, harvesting, or clearing residues;34
wood waste from pallets or other wood demolition debris; peanut shells; cotton plants;35
corn stalks; and plant matter, including aquatic plants, grasses, stalks, vegetation, and36
residues, including hulls, shells, or cellulose-containing fibers.37
(2) 'Electric membership corporation' means a corporation organized under Article 4 of38
this chapter.39
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(3) 'Electric service provider' means any electric utility, electric membership corporation,40
or municipal electric provider engaged in the business of distributing electricity to retail41
or wholesale electric customers in this state.42
(4) 'Low impact hydropower' means energy produced by a dam and powerhouse that is:43
(A) Certified as low impact by the Low Impact Hydropower Institute; or44
(B) Evaluated by the commission as being compliant with the following standards:45
(i) Providing river flows that are healthy for fish, wildlife, and water quality,46
including seasonal flow fluctuations where appropriate;47
(ii) Protecting water quality in the river;48
(iii) Providing effective fish passage and protecting fish from entrainment;49
(iv) Taking sufficient action to protect, mitigate, and enhance environmental50
conditions in the watershed;51
(v) Avoiding negative impact on species classified as threatened or endangered by52
the federal or state government;53
(vi) Avoiding inappropriate impact on cultural resources;54
(vii) Providing free access to the water and accommodating recreational activities on55
the river; and56
(viii) Avoiding any recommendation for removal by a federal or state agency due to57
adverse environmental impacts.58
(5) 'Municipal electric provider' means an entity that provides electric services and that59
is owned or operated by a municipal corporation.60
(6) 'Renewable energy' means electrical energy produced from or by renewable energy61
sources.62
(7) 'Renewable energy sources' means any of the following: wind; solar energy; low63
impact hydropower; geothermal resources; ocean thermal energy; wave or tidal energy;64
biofuels derived entirely from organic sources other than coal, petroleum, or natural gas;65
the combustion of landfill gas; methane gas resulting from the anaerobic decomposition66
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of organic materials; plasma arc; pyrolysis; gasification; biomass materials; postconsumer67
waste paper; forest related sources, including mill residues, waste pallets, crates, and68
dunnage; or forest and agricultural biomass sources, including orchard tree crops,69
vineyard, grain, legumes, sugar, switchgrass, other crop by-products or residues, and70
precommercial thinning, slash, brush, or landscape trimmings, but not including71
old-growth timber.72
46-3-69.7.73
(a) On or before July 1, 2026, the commission shall establish renewable energy sources74
and renewable energy portfolio standard goals for electric service providers to reach on an75
annual basis. Such goals shall not exceed 20 percent of annual net electricity sales for each76
electric service provider. In developing the renewable energy sources and renewable77
energy portfolio standard goals, the commission shall evaluate current and forecasted78
levelized costs in cents per kilowatt hour for all electric service providers through 2030 and79
current and forecasted installed capacity in kilowatts for each renewable energy generation80
method for all electric service providers through 2050.81
(b) Electric service providers are encouraged to meet and maintain the renewable energy82
sources and renewable energy portfolio standard goals established pursuant to83
subsection (a) of this Code section.84
46-3-69.8.85
On or before July 1, 2026, the commission shall adopt rules and regulations to carry out the86
provisions of this part. Such rules and regulations shall, at a minimum:87
(1) Provide for a reporting system to monitor voluntary compliance with this part. Such88
reporting system shall require electric service providers to report whether they are subject89
to energy portfolio requirements in more than one state and the amount of such90
requirements, if applicable, and to indicate the sources of energy used to voluntarily91
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comply with the renewable energy sources and renewable energy portfolio standard goals92
established pursuant to subsection (a) of Code Section 46-3-46.7 and the requirements93
of other applicable states; and94
(2) Provide for annual reporting by all electric service providers of renewable energy95
usage, how the generation costs of renewable energy compare to costs from other96
generation sources, and the average price paid for the sources of the renewable energy97
produced."98
SECTION 2.99
Said title is further amended in Code Section 46-3A-1, relating to definitions relative to100
integrated resource planning, by revising paragraph (7) as follows:101
"(7) 'Plan' means an integrated resource plan which contains the utility's electric demand102
and energy forecast for at least a 20 year period, contains the utility's program for meeting103
the requirements shown in its forecast in an economical and reliable manner, contains the104
utility's analysis of all capacity resource options, including both demand-side and105
supply-side options, and sets forth the utility's assumptions and conclusions with respect106
to the effect of each capacity resource option on the future cost and reliability of electric107
service. The plan shall also:108
(A) Contain the size and type of facilities which are expected to be owned or operated109
in whole or in part by such utility and the construction of which is expected to110
commence during the ensuing ten years or such longer period as the commission deems111
necessary and shall identify all existing facilities intended to be removed from service112
during such period or upon completion of such construction;113
(B) Contain practical alternatives to the fuel type and method of generation of the114
proposed electric generating facilities and set forth in detail the reasons for selecting the115
fuel type and method of generation;116
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(C) Contain a statement of the estimated impact of proposed and alternative generating
117
plants on the environment and the means by which potential adverse impacts will be118
avoided or minimized;119
(D) Indicate in detail the projected demand for electric energy for a 20 year period and120
the basis for determining the projected demand;121
(E) Describe the utility's relationship to other utilities in regional associations, power122
pools, and networks;123
(F) Identify and describe all major research projects and programs which will continue124
or commence in the succeeding three years and set forth the reasons for selecting125
specific areas of research;126
(G) Identify and describe existing and planned programs and policies to discourage127
inefficient and excessive power use;128
(H) Identify and describe existing and planned renewable energy resources, if any,
129
used by the utility and whether such existing and planned renewable energy resources130
are sufficient to comply with the renewable energy sources and renewable energy131
portfolio standard goals established pursuant to subsection (a) of Code Section132
46-3-46.7; and133
(H)(I) Provide any other information as may be required by the commission."134
SECTION 3.135
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended136
in Code Section 50-23-4, relating to definitions relative to the Georgia Environmental137
Finance Authority, by revising paragraphs (5) and (6) and adding a new paragraph to read138
as follows:139
"(5) 'Environmental facilities' means any projects, structures, and other real or personal140
property acquired, rehabilitated, constructed, or planned:141
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(A) For the purposes of supplying, distributing, and treating water and diverting,
142
channeling, or controlling water flow and head including, but not limited to, surface or143
ground water, canals, reservoirs, channels, basins, dams, aqueducts, standpipes,144
penstocks, conduits, pipelines, mains, pumping stations, water distribution systems,145
compensating reservoirs, intake stations, waterworks or sources of water supply, wells,146
purification or filtration plants or other treatment plants and works, connections, water147
meters, mechanical equipment, electric generating equipment, rights of flowage or148
division and other plant structures, equipment, conveyances, real or personal property149
or rights therein and appurtenances, furnishings, accessories, and devices thereto150
necessary or useful and convenient for the collection, conveyance, distribution,151
pumping, treatment, storing, or disposing of water;152
(B) For the purposes of collecting, treating, or disposing of sewage including, but not153
limited to, main, trunk, intercepting, connecting, lateral, outlet, or other sewers, outfall,154
pumping stations, treatment and disposal plants, ground water rechange basins,155
backflow prevention devices, sludge dewatering or disposal equipment and facilities,156
clarifiers, filters, phosphorus removal equipment and other plants, soil absorption157
systems, innovative systems or equipment, structures, equipment, vehicles,158
conveyances, real or personal property or rights therein, and appurtenances thereto159
necessary or useful and convenient for the collection, conveyance, pumping, treatment,160
neutralization, storing, and disposing of sewage;161
(C) For the purposes of collecting, treating, recycling, composting, or disposing of162
solid waste, including, but not limited to, trucks, dumpsters, intermediate reception163
stations or facilities, transfer stations, incinerators, shredders, treatment plants, landfills,164
landfill equipment, barrels, binders, barges, alternative technologies and other plant165
structures, equipment, conveyances, improvements, real or personal property or rights166
therein, and appurtenances, furnishings, accessories, and devices thereto necessary or167
useful and convenient for the collection, treatment, or disposal of solid waste; or
168
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(D) For the purposes of carrying out a community land conservation project or a state
169
land conservation project pursuant to Chapter 22 of Title 36; or
170
(E) For the purposes of generating, storing, and transmitting renewable energy, as such171
term is defined in Code Section 46-3-69.6, including, but not limited to, generation172
facilities, battery storage facilities, electric transformers, transmission lines, equipment,173
vehicles, conveyances, real or personal property or rights therein and appurtenances,174
furnishings, accessories, and devices thereto necessary or useful and convenient for the175
generation, storing, and transmitting of such renewable energy.176
(6) 'Environmental services' means the provision, collectively or individually, of water177
facilities, sewerage facilities, solid waste facilities, renewable energy facilities,178
community land conservation projects or state land conservation projects pursuant to179
Chapter 22 Title 36, or management services."180
"(12.1) 'Renewable energy facility' means any environmental facility described in181
subparagraph (E) of paragraph (5) of this Code section."182
SECTION 4.183
Said title is further amended in subsection (b) of Code Section 50-23-5, relating to purpose,184
powers, and duties, by striking "and" at the end of paragraph (33), by striking the period and185
inserting in lieu thereof "; and" at the end of subparagraph (J) of paragraph (34), and by186
adding a new paragraph to read as follows:187
"(35) To promulgate and adopt rules and regulations to carry out the purposes of this188
chapter."189
SECTION 5.190
Said title is further amended in Code Section 50-23-12, relating to personal liability of191
members, officers, and employees of the authority, by revising paragraph (2) as follows:192
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"(2) The construction, ownership, maintenance, or operation of any solid waste system,
193
sewerage system, renewable energy system,
environmental facility, or water system194
owned by a local government; or"195
SECTION 6.196
All laws and parts of laws in conflict with this Act are repealed.197
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