Georgia 2025-2026 Regular Session

Georgia Senate Bill SB94 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 55 0491S
2		-	The Senate Committee on Regulated Industries and Utilities offered the following
3		-	substitute to SB 94:
	1	+	25 LC 55 0447
	2	+	Senate Bill 94
	3	+	By: Senators Hufstetler of the 52nd, Anavitarte of the 31st, Williams of the 25th, Robertson
	4	+	of the 29th, Albers of the 56th and others
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6		-	To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and1
	7	+	To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and
	8	+	1
7	9		public transportation, so as to reestablish a consumer utility counsel to represent consumers2
8	10		in matters before the Public Service Commission or other agencies concerning public3
9	11		utilities; to provide legislative findings; to provide definitions; to create the Office of the4
10	12		Consumers' Utility Counsel; to establish the position of director of such office; to provide5
11	13		for the appointment and compensation of the director; to provide reporting requirements of6
12	14		the director; to provide for the powers and duties of the director; to provide for notice and7
13	15		service requirements; to authorize the director to take depositions and conduct discovery; to8
14	16		authorize the director to employ certain personnel; to require that certain employees of the9
15	17		Public Service Commission be made available to assist the director; to provide for statutory10
16	18		construction; to provide for related matters; to repeal conflicting laws; and for other11
17	19		purposes.12
18	20		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
19	21		SECTION 1.14
20	22		Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public15
21	23		transportation, is amended by revising Chapter 10, which is reserved, as follows:16
22		-	- 1 - 25 LC 55 0491S
23		-	"CHAPTER 1017
	24	+	S. B. 94
	25	+	- 1 - 25 LC 55 0447
	26	+	"CHAPTER 10
	27	+	17
24	28		46-10-1.18
25		-	The General Assembly recognizes the importance of effective and economical public19
	29	+	The General Assembly recognizes the importance of effective and economical public
	30	+	19
26	31		utilities to the economy of the State of Georgia. It is further recognized that the citizens20
27	32		of Georgia should receive adequate utility services at the lowest reasonable cost to the21
28	33		consumer while maintaining the ability of public utilities to furnish their products and22
29	34		services. It is further recognized that consumers should receive the benefit of technological23
30	35		advances. It is further recognized that the Public Service Commission has been established24
31	36		for the purpose of regulating public utilities and the rates which they charge the consumer25
32	37		and that the commission is responsible for representing the public interest. The General26
33	38		Assembly is aware, however, that the commission must be furnished with all available27
34	39		information concerning the effects of its decisions in rate cases and proceedings before it.28
35	40		It is the purpose of this chapter to ensure that the commission receives such information,29
36	41		particularly in those cases which directly involve the vast majority of Georgia's citizens.30
37	42		46-10-2.31
38	43		As used in this chapter, the term:32
39	44		(1) 'Consumer' means:33
40	45		(A) An individual user, primarily for personal, family, or household purposes, of the34
41	46		product or service of a public utility which is under the jurisdiction of the commission;35
42	47		or36
43	48		(B) Any sole proprietorship, partnership, corporation, or other entity which is a37
44	49		commercial user of the product or service of a public utility which is under the38
45	50		jurisdiction of the commission and which has ten or fewer employees and a net income39
46	51		after taxes of $100,000.00 per annum or less for federal income tax purposes.40
47	52		(2) 'Director' means the director of the office.41
48		-	- 2 - 25 LC 55 0491S
	53	+	S. B. 94
	54	+	- 2 - 25 LC 55 0447
49	55		(3) 'Office' means the Office of the Consumers' Utility Counsel.42
50	56		46-10-3.43
51		-	There is created the Office of the Consumers' Utility Counsel, which shall be assigned to44
52		-	the Department of Law for administrative purposes only as provided in Code45
53		-	Section 50-4-3. There is created the position of director of the office. The director shall46
54		-	be appointed and removed by the Governor. The director shall be a practicing attorney47
55		-	qualified by knowledge and experience to practice in public utility proceedings. The48
56		-	director shall receive compensation in an amount to be determined by the Governor, but49
57		-	not to exceed the annual salary set for each district attorney in paragraph (21) of Code50
58		-	Section 45-7-4. In addition to such compensation, the director shall also receive51
59		-	reimbursement for his or her reasonable and necessary expenses incurred in the52
60		-	performance of his or her duties, as provided by law for state employees. The director shall53
61		-	not engage in the private practice of law while employed as director. The director shall,54
62		-	by December 31 of each year, submit a written report of the annual activities and55
63		-	expenditures of the office to the Governor, the Speaker of the House of Representatives,56
64		-	the President of the Senate, the chairperson of the House Committee on Energy, Utilities,57
65		-	and Telecommunications, and the chairperson of the Senate Regulated Industries and58
66		-	Utilities Committee.59
67		-	46-10-4.60
68		-	(a) The director shall be entitled to appear, as a party or otherwise, on behalf of the61
69		-	consumers of this state of services provided by any person, firm, or corporation subject to62
70		-	the jurisdiction of the commission in all proceedings before the commission which may63
71		-	involve or affect rates for service or services of utilities and in all other proceedings before64
72		-	the commission under its regulatory jurisdiction over utilities.65
73		-	- 3 - 25 LC 55 0491S
74		-	(b) The director may also appear in the same representative capacity as provided in66
75		-	subsection (a) of this Code section in similar administrative proceedings affecting the67
76		-	consumers of this state before any federal administrative agency or body which has68
77		-	regulatory jurisdiction over rates, services, and similar matters with respect to public utility69
78		-	services provided by any public utility doing business in this state.70
79		-	(c) The director shall be authorized in the same representative capacity as provided in71
80		-	subsection (a) of this Code section to initiate proceedings, by complaint or otherwise,72
81		-	before any federal or state administrative agency before which he or she is otherwise73
82		-	authorized to appear, with respect to matters properly within the cognizance of those74
83		-	agencies.75
84		-	(d) The director shall be authorized in the same representative capacity as provided in76
85		-	subsection (a) of this Code section to initiate or intervene as of right or otherwise appear77
86		-	in any judicial proceeding involving or arising out of any action taken by an administrative78
87		-	agency in a proceeding in which the director is authorized to appear under subsection (a),79
88		-	(b), or (c) of this Code section.80
89		-	46-10-5.81
90		-	(a) In addition to other requirements of service and notice imposed by law, a copy of any82
91		-	application, complaint, pleading, or notice filed with or issued by the commission83
92		-	concerning public utilities shall also be served on the director, and the director shall be84
93		-	notified of any other correspondence or paper filed with or issued by the commission or its85
94		-	staff concerning public utilities. The commission shall not proceed to hear or determine86
95		-	any petition, complaint, or proceeding in which the director is entitled to appear unless it87
96		-	shall affirmatively appear that the director was given at least ten days' written notice88
97		-	thereof, unless such notice is affirmatively waived in writing or the director appears and89
98		-	specifically waives such notice.90
99		-	- 4 - 25 LC 55 0491S
100		-	(b) The director is authorized to take depositions and obtain discovery of any matter which91
101		-	is not privileged and which is relevant to the subject matter involved in any proceeding or92
102		-	petition before the commission in the same manner and subject to the same procedures93
103		-	which would otherwise be applicable if such proceeding was then pending before a94
104		-	superior court. The superior courts and the judges and clerks thereof are authorized to95
105		-	issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out96
106		-	this subsection.97
107		-	46-10-6.98
108		-	The director is authorized to employ such assistants as he or she may need and is99
109		-	authorized to employ or retain and fix the compensation of such consultants, expert100
110		-	witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical101
111		-	or clerical assistance, as may be necessary to carry out his or her duties; provided, however,102
112		-	that no such employment shall occur nor shall any contracts for payment of fees or103
113		-	expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys,104
114		-	investigators, stenographers, or other technical or clerical assistance unless such105
115		-	employment or such contracts can be achieved using funds appropriated for such purposes. 106
116		-	The office shall keep suitable and proper records of all such expenditures. The107
117		-	compensation of the director and such staff shall be paid from state funds appropriated to108
118		-	the commission for the purpose of carrying out the provisions of this chapter.109
119		-	46-10-7.110
120		-	Services of all engineers, experts, accountants, and other technical assistants employed by111
121		-	the commission shall be made available to the director in the performance of his or her112
122		-	duties. Such engineers, experts, accountants, and technical assistants shall make such113
123		-	appraisals and audits as the director, with the approval of the commission, may request.114
124		-	The director and his or her staff shall have access to all records, files, reports, documents,115
125		-	- 5 - 25 LC 55 0491S
126		-	and other information in the possession or custody of the commission to the same extent116
127		-	as the members of the commission and its staff have access thereto and subject to the same117
128		-	limitations imposed on the use thereof by the members of the commission and its staff.118
129		-	46-10-8.119
130		-	This chapter shall not be construed to prevent any party interested in any proceeding or120
131		-	action before the commission, any court, or any administrative body from appearing in121
132		-	person or by counsel in such proceeding or action. Reserved."122
133		-	SECTION 2.123
134		-	All laws and parts of laws in conflict with this Act are repealed.124
	57	+	There is created the Office of the Consumers' Utility Counsel, which shall be assigned for44
	58	+	administrative purposes only to the commission. There is created the position of director45
	59	+	of the office. The director shall be appointed and removed by the Governor. The director46
	60	+	shall be a practicing attorney qualified by knowledge and experience to practice in public47
	61	+	utility proceedings. The director shall receive compensation in an amount to be determined48
	62	+	by the Governor, but not to exceed the annual salary set for each district attorney in49
	63	+	paragraph (21) of Code Section 45-7-4. In addition to such compensation, the director50
	64	+	shall also receive reimbursement for his or her reasonable and necessary expenses incurred51
	65	+	in the performance of his or her duties, as provided by law for state employees. The52
	66	+	director shall not engage in the private practice of law while employed as director. The53
	67	+	director shall, by December 31 of each year, submit a written report of the annual activities54
	68	+	and expenditures of the office to the Governor, the Speaker of the House of55
	69	+	Representatives, the President of the Senate, the chairperson of the House Committee on56
	70	+	Energy, Utilities, and Telecommunications, and the chairperson of the Senate Regulated57
	71	+	Industries and Utilities Committee.58
	72	+	46-10-4.59
	73	+	(a) The director shall be entitled to appear, as a party or otherwise, on behalf of the60
	74	+	consumers of this state of services provided by any person, firm, or corporation subject to61
	75	+	the jurisdiction of the commission in all proceedings before the commission which may62
	76	+	involve or affect rates for service or services of utilities and in all other proceedings before63
	77	+	the commission under its regulatory jurisdiction over utilities.64
	78	+	(b) The director may also appear in the same representative capacity as provided in65
	79	+	subsection (a) of this Code section in similar administrative proceedings affecting the66
	80	+	S. B. 94
	81	+	- 3 - 25 LC 55 0447
	82	+	consumers of this state before any federal administrative agency or body which has67
	83	+	regulatory jurisdiction over rates, services, and similar matters with respect to public utility68
	84	+	services provided by any public utility doing business in this state.69
	85	+	(c) The director shall be authorized in the same representative capacity as provided in70
	86	+	subsection (a) of this Code section to initiate proceedings, by complaint or otherwise,71
	87	+	before any federal or state administrative agency before which he or she is otherwise72
	88	+	authorized to appear, with respect to matters properly within the cognizance of those73
	89	+	agencies.74
	90	+	(d) The director shall be authorized in the same representative capacity as provided in75
	91	+	subsection (a) of this Code section to initiate or intervene as of right or otherwise appear76
	92	+	in any judicial proceeding involving or arising out of any action taken by an administrative77
	93	+	agency in a proceeding in which the director is authorized to appear under subsection (a),78
	94	+	(b), or (c) of this Code section.79
	95	+	46-10-5.80
	96	+	(a) In addition to other requirements of service and notice imposed by law, a copy of any81
	97	+	application, complaint, pleading, or notice filed with or issued by the commission82
	98	+	concerning public utilities shall also be served on the director, and the director shall be83
	99	+	notified of any other correspondence or paper filed with or issued by the commission or its84
	100	+	staff concerning public utilities. The commission shall not proceed to hear or determine85
	101	+	any petition, complaint, or proceeding in which the director is entitled to appear unless it86
	102	+	shall affirmatively appear that the director was given at least ten days' written notice87
	103	+	thereof, unless such notice is affirmatively waived in writing or the director appears and88
	104	+	specifically waives such notice.89
	105	+	(b) The director is authorized to take depositions and obtain discovery of any matter which90
	106	+	is not privileged and which is relevant to the subject matter involved in any proceeding or91
	107	+	petition before the commission in the same manner and subject to the same procedures92
	108	+	S. B. 94
	109	+	- 4 - 25 LC 55 0447
	110	+	which would otherwise be applicable if such proceeding was then pending before a93
	111	+	superior court. The superior courts and the judges and clerks thereof are authorized to94
	112	+	issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out95
	113	+	this subsection.96
	114	+	46-10-6.97
	115	+	The director is authorized to employ such assistants as he or she may need and is98
	116	+	authorized to employ or retain and fix the compensation of such consultants, expert99
	117	+	witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical100
	118	+	or clerical assistance, as may be necessary to carry out his or her duties; provided, however,101
	119	+	that no such employment shall occur nor shall any contracts for payment of fees or102
	120	+	expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys,103
	121	+	investigators, stenographers, or other technical or clerical assistance unless such104
	122	+	employment or such contracts can be achieved using funds appropriated for such purposes. 105
	123	+	The office shall keep suitable and proper records of all such expenditures. The106
	124	+	compensation of the director and such staff shall be paid from state funds appropriated to107
	125	+	the commission for the purpose of carrying out the provisions of this chapter.108
	126	+	46-10-7.109
	127	+	Services of all engineers, experts, accountants, and other technical assistants employed by110
	128	+	the commission shall be made available to the director in the performance of his or her111
	129	+	duties. Such engineers, experts, accountants, and technical assistants shall make such112
	130	+	appraisals and audits as the director, with the approval of the commission, may request.113
	131	+	The director and his or her staff shall have access to all records, files, reports, documents,114
	132	+	and other information in the possession or custody of the commission to the same extent115
	133	+	as the members of the commission and its staff have access thereto and subject to the same116
	134	+	limitations imposed on the use thereof by the members of the commission and its staff.117
	135	+	S. B. 94
	136	+	- 5 - 25 LC 55 0447
	137	+	46-10-8.118
	138	+	This chapter shall not be construed to prevent any party interested in any proceeding or119
	139	+	action before the commission, any court, or any administrative body from appearing in120
	140	+	person or by counsel in such proceeding or action. Reserved."121
	141	+	SECTION 2.122
	142	+	All laws and parts of laws in conflict with this Act are repealed.123
	143	+	S. B. 94
135	144		- 6 -