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Georgia Statutes, Title 46

Georgia/Statutes

← All Georgia coverage

Title 46

14 chapters · 842 sections in this title.

All chapters in Title 46842 Ch 3, ELECTRICAL SERVICE209 Ch 5, TELEPHONE AND TELEGRAPH SERVICE133 Ch 8, RAILROAD COMPANIES128 Ch 9, TRANSPORTATION OF FREIGHT AND PASSEN…106 Ch 4, DISTRIBUTION, STORAGE, AND SALE OF GAS104 Ch 2, PUBLIC SERVICE COMMISSION58 Ch 7, MOTOR CARRIERS53 Ch 4A, PROVISION OF ENERGY CONSERVATION ASS…14 Ch 3A, INTEGRATED RESOURCE PLANNING11 Ch 10, CONSUMERS’ UTILITY COUNSEL DIVISION9 Ch 11, TRANSPORTATION OF HAZARDOUS MATERIALS6 Ch 1, GENERAL PROVISIONS5 Ch 8A, RAPID RAIL PASSENGER SERVICE4 Ch 2A, ELECTRIC UTILITIES GENERALLY2

104 sections·Filtered byTitle 46✕Ch 4✕

O.C.G.A. § 46-4-1 Bringing of actions by commission to enjoin violations of rules, orders, or regulations established for safe installation and operation of natural gas facilities
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The commission may bring a civil action to enjoin the violation of any rule, order, or regulation established by the commission for the safe installation and operation of all natural gas transmission and distribution facilities within this state. (Code 1933, § 93-419, enacted by …
O.C.G.A. § 46-4-20 ‘‘Person’’ defined
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As used in this article, the term ‘‘person’’ means any corporation, whether public or private; company; individual; firm; partnership; or association. (Ga. L. 1956, p. 104, § 14.)
O.C.G.A. § 46-4-21 Certificate of public convenience and necessity required by persons constructing or operating gas pipeline or distribution systems for transportation, distribution, or sale of gas; distribution system
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(a) No person shall construct or operate in intrastate commerce within this state any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas without first obtaining from the commission a certificate …
O.C.G.A. § 46-4-22 Determination by commission of manner and form of application for certificate of public convenience and necessity; giving of notice of receipt of application

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The manner and form of application for a certificate of public convenience and necessity provided for in Code Section 46-4-21 shall be established by such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application, the commis…

O.C.G.A. § 46-4-23 Power of commission to issue or deny certificate

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The commission shall have power, after hearing, to issue the certificate of public convenience and necessity, as prayed for, or to refuse to issue the same, or to issue it for the construction, operation, or acquisition of a portion only of the contemplated pipeline or distributi…

O.C.G.A. § 46-4-24 Application for certificate by persons engaged in constructing or operating gas pipeline or distribution system or extension thereof as of February 17, 1956

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(a) Any person engaged in the construction or operation of any pipeline or distribution system, or any extension thereof, as of February 17, 1956, shall be entitled to receive a certificate of public convenience and necessity from the commission authorizing that person to continu…

O.C.G.A. § 46-4-25 Factors to be considered by commission in granting certificates

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(a) In determining whether a certificate of public convenience and necessity shall be granted, the commission must consider the following: (1) Whether existing gas pipelines or distribution systems are adequate to meet the reasonable public needs; (2) The volume of demand for suc…

O.C.G.A. § 46-4-27 Unreasonable interference with existing pipeline or distribution systems or service by persons constructing or extending pipeline or distribution systems

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If any person in constructing or extending his pipeline or distribution system unreasonably interferes or is about to interfere unreasonably with any pipeline or distribution system or service of any other person, the commission, on its own initiative or on complaint of any perso…

O.C.G.A. § 46-4-28 Suspension, revocation, alteration, or amendment of certificates by commission

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(a) At any time after notice and opportunity to be heard, and for reasonable cause, the commission may suspend, revoke, alter, or amend any certificate issued under this article if it appears that the holder of the certificate has willfully violated or refused to observe any of t…

O.C.G.A. § 46-4-29 Transfer and hypothecation of certificates

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Any certificate of public convenience and necessity issued under this article may be transferred or hypothecated only upon application to and approval by the commission. (Ga. L. 1956, p. 104, § 10.)

O.C.G.A. § 46-4-30 Jurisdiction of commission over controversies as to extensions of gas distribution service; factors to be considered by commission in resolving controversies

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Whenever a certificate of public convenience and necessity has been issued to a gas distribution system and a controversy arises as to whether an extension of service should or should not be made within the territory included in the certificate, the commission shall have jurisdic…

O.C.G.A. § 46-4-31 Adoption by commission of rules and orders to enforce article

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The commission is authorized to adopt such rules and orders as it may deem necessary in the enforcement of this article. Without limiting its authority to adopt rules and orders in general, the commission may by such rules and orders determine not only the locations or territorie…

O.C.G.A. § 46-4-32 Applicability of article to liquefied petroleum gas sold in liquid form under pressure

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Nothing in this article shall be construed to apply to liquefied petroleum gas sold in liquid form under pressure. (Ga. L. 1956, p. 104, § 11.)

O.C.G.A. § 46-4-33 Applicability of certificate requirements under article generally

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Notwithstanding any other statute or ordinance to the contrary, the requirements of this article for a certificate of public convenience and Page: 333 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:8 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN DISTRIBUT…

O.C.G.A. § 46-4-34 Injunctions

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In addition to the civil monetary penalty provided for in Code Section 46-4-35, the commission may bring a civil action to enjoin a violation of any provision of this article or of any rule, regulation, or order issued by the commission under this article. In order to obtain this…

O.C.G.A. § 46-4-35 Civil penalty

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(a) Any person who violates any provision of this article, or any rule, regulation, or order issued by the commission under this article, shall be subject to a civil penalty of not more than $1,000.00 for each day that such violation persists, provided that the maximum civil pena…

O.C.G.A. § 46-4-50 Short title

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This article shall be known and may be cited as the ‘‘Underground Gas Storage Act.’’ (Code 1933, § 93-801, enacted by Ga. L. 1965, p. 463, § 1; Ga. L. 1984, p. 22, § 46.)

O.C.G.A. § 46-4-51 Definitions

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As used in this article, the term: (1) ‘‘Gas’’ means natural gas or manufactured gas, or a combination of both. (2) ‘‘Gas utility’’ means any individual, firm, corporation, organization, or other entity holding a certificate of public convenience and necessity issued by the commi…

O.C.G.A. § 46-4-52 Declaration of public purpose

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The underground storage of gas, which permits the building of reserves for orderly withdrawal in periods of peak demand, will promote the economic development of the State of Georgia and provide for more economical distribution of gas to the domestic, commercial, and industrial c…

O.C.G.A. § 46-4-53 Application to commission by gas utility for order approving utilization or operation of underground reservoir; hearing on application generally; giving notice of hearing

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(a) Any gas utility desiring to utilize or operate an underground reservoir shall first apply to the Public Service Commission for an order approving the proposed project. The application shall include: (1) A legal description of the roads, grounds, waters, buildings, and other i…

O.C.G.A. § 46-4-54 Investigation by state geologist of site of proposed storage project; procedures involving state geologist; investigation of proposed storage project by director of Environmental Protection Division;

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(a) Upon receiving the notice of the hearing and the copy of the application, the state geologist shall immediately initiate an investigation of the site of the proposed storage project for the purpose of determining the facts involved in the findings which the Public Service Com…

O.C.G.A. § 46-4-55 Receipt and recording of evidence at hearing on application; order of commission approving or disapproving underground storage project

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(a) At the hearing on an application made pursuant to Code Section 46-4-53, the commission shall receive, hear, and make a record of such relevant evidence on the issues as may be offered by any person directly interested and shall enter an order either approving or disapproving …

O.C.G.A. § 46-4-56 Judicial review of commission’s order

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Any party appearing at the hearing who is directly affected by an order of the commission approving or disapproving a proposed underground storage project considered at such hearing shall have the right to judicial review of the order by filing a petition with the Superior Court …

O.C.G.A. § 46-4-57 Exercise of right of eminent domain by gas utilities

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(a) Any gas utility shall have the right of eminent domain, to be exercised in the manner provided in Title 22, to acquire for its use any underground reservoir for the storage of gas, as well as such other property or interests in property as may be required to explore adequatel…

O.C.G.A. § 46-4-58 Determination of ownership of gas injected into underground storage reservoir; protection of rights of owners of other interests in the land

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All gas which has previously been reduced to possession and which is subsequently injected into an underground storage reservoir shall at all times be deemed the property of the injector, its heirs, successors, or assigns; and in no event shall such gas be subject to any right of…

O.C.G.A. § 46-4-59 Effect of abandonment of reservoir by gas utility; evidence of abandonment; approval of abandonment by commission

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When a gas utility which has exercised the power of eminent domain pursuant to Code Section 46-4-57 permanently abandons the entire underground reservoir for the storage of gas, the condemned property shall revert to the then owners of the land, the mineral rights, royalties, and…

O.C.G.A. § 46-4-60 Adoption by Board of Natural Resources of rules and regulations governing construction, installation, utilization, and operation of underground reservoirs and stations, wells, fixtures, and other faci

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(a) The Board of Natural Resources shall adopt rules and regulations prescribing minimum standards reasonably necessary for the protection of the health, welfare, and safety of the public. Such rules and regulations shall govern the construction, installation, utilization, and op…

O.C.G.A. § 46-4-61 Adoption by commission of rules, regulations, and orders necessary for enforcement and administration of article; enforcement by injunction, mandamus, and other relief

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The commission is authorized to adopt such rules, regulations, and orders as it deems necessary in the enforcement or administration of this article. The commission is further authorized to enforce this article and the rules, regulations, and orders adopted thereunder by institut…

O.C.G.A. § 46-4-62 Effect of article on authority of Department of Natural Resources

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No provision of this article shall in any way be construed to impair or interfere with the authority of the Department of Natural Resources to prevent or abate injury, pollution, or contamination of any usable fresh-water resources. (Code 1933, § 93-813, enacted by Ga. L. 1965, p…

O.C.G.A. § 46-4-100 Applicability of article to entities with gas distribution systems

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The political subdivisions with which the authority shall be authorized to contract to provide a gas supply pursuant to this article shall be those political subdivisions of this state which own and operate a gas distribution system. (Code 1981, § 46-4-100, enacted by Ga. L. 1987…

O.C.G.A. § 46-4-101 Enabling resolution; issuance of revenue bonds; petition for judicial validation; fees; federal tax implications

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(a) When the authority desires to issue revenue bonds as permitted by this article, the authority shall, prior to the adoption of a resolution authorizing the issuance of such bonds, enter into one or more contracts with no less than five political subdivisions which are authoriz…

O.C.G.A. § 46-4-102 Necessary parties to revenue bonds validation petition; intervention by citizens; adjudication

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(a) When payments which are made by political subdivisions pursuant to contracts entered into under subsection (a) of Code Section 46-4-99 are pledged as security for the payment of bonds sought to be validated, the petition for validation shall make party defendant the authority…

O.C.G.A. § 46-4-103 Failure of district attorney to file revenue bonds validation petition

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In all cases where the authority has adopted a resolution for the issuance of revenue bonds, and where notice has been duly served upon the district attorney for the purpose of securing a judicial validation of such bonds and the security therefor, and where, in such case, there …

O.C.G.A. § 46-4-104 Bonds as legal investments

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The bonds authorized by this article shall be securities in which: (1) All public officers and bodies of this state; (2) All political subdivisions of this state; (3) All insurance companies and associations, and other persons carrying on an insurance business; (4) All banks, ban…

O.C.G.A. § 46-4-105 Pledge of revenue to retire bonds

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(a) All or any part of the gross or net revenues and earnings derived from any particular project or system and any and all revenues and earnings received by the authority, regardless of whether such revenues and earnings were produced by a particular project for which bonds have…

O.C.G.A. § 46-4-106 Trust agreement or indenture to secure bonds

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(a) In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a Page: 366 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:28 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN PUBL…

O.C.G.A. § 46-4-107 Proceeds of bonds

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(a) Proceeds of the bonds issued under authority of this article shall be used solely for the purpose of financing corporate purposes of the authority, including the payment of the cost of projects and the loaning of Page: 367 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Dat…

O.C.G.A. § 46-4-108 Lost, stolen, or mutilated bond certificates

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(a) If any bond becomes mutilated or is lost, stolen, or destroyed, the authority may execute and deliver, and the trustee may authenticate, a new bond of like date of issue, maturity date, principal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or d…

O.C.G.A. § 46-4-109 Interest on bonds after due date

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Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for such bond and for the accrued interest thereon shall continue until such bond is 20 years overdue for payment. At that tim…

O.C.G.A. § 46-4-110 Cancellation or destruction of retired bonds

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Unless otherwise directed by the authority, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked ‘‘canceled’’ and shall be delivered by the paying agent making payment thereof to the authority, whereupon the evidence of indebtedne…

O.C.G.A. § 46-4-111 Records of bond and note transactions required

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The fiscal officer of the authority or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, …

O.C.G.A. § 46-4-112 Paying agents

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The authority may appoint one or more paying agents for each issue or series or installment of bonds. Every such paying agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust…

O.C.G.A. § 46-4-113 Bond anticipation notes

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(a) The authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in Code Section 46-4-101, to issue from time to time its negotiable notes in anticipation of the issuance of such bonds as validated and to renew from…

O.C.G.A. § 46-4-114 Negotiability of bonds

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Notwithstanding any other law to the contrary, every evidence of indebtedness issued under this article shall have all the rights and incidences of negotiable instruments, subject to provisions for registration. (Code 1981, § 46-4-114, enacted by Ga. L. 1987, p. 745, § 1.)

O.C.G.A. § 46-4-115 Liability of authority members, political subdivisions, and state

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(a) Neither the members of the authority nor any person executing bonds or notes on behalf of the authority shall be personally liable thereon by reason of the issuance thereof. Page: 370 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:30 0000 42051-2…

O.C.G.A. § 46-4-116 Impairment of contracts

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While any of the bonds or notes issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interest and rights …

O.C.G.A. § 46-4-117 Appointment of receiver upon default

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(a) If the authority defaults on the payment of the principal or interest on any of the revenue bonds after the same become due, whether at maturity or upon call for redemption, and such default continues for a period of 30 days, or if the authority or its officers, agents, or em…

O.C.G.A. § 46-4-118 Charges for use of facilities or services

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(a) For the purpose of earning sufficient revenue to make possible the financing with revenue bonds of the construction of the projects of the authority or the accomplishment of its corporate purposes, the authority is authorized to fix and revise rates and collect fees, tolls, a…

O.C.G.A. § 46-4-119 Revenues held in trust for bondholders

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All funds received pursuant to authority of this article, whether as proceeds from the sale of revenue bonds or as revenues, fees, tolls, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as pro…

O.C.G.A. § 46-4-120 Annual audit

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The authority, together with all funds established in connection with its debt, shall be audited no less frequently than annually by an independent certified public accountant to be selected by the authority. Copies of such audit shall be available upon request to interested part…