Title 46 — Title 46

(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…

(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…

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…

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…

(a) Except as provided in subsection (b) of this Code section, any action to protect or enforce any rights under this article brought in the courts of this state shall be brought in the superior court of the county in which the principal office of the authority is located. (b) An…

(a) The rates, services, and practices relating to the exploration, manufacture, development, storage, production, transmission, and sale by the authority of gas as authorized by this article shall not be subject to the provisions of the Georgia Public Service Commission law nor …

Meetings of the authority shall be subject to Chapter 14 of Title 50. All records of the authority shall be subject to Article 4 of Chapter 18 of Title 50. (Code 1981, § 46-4-123, enacted by Ga. L. 1987, p. 745, § 1.) 46-4-124. Effect of other laws.

The provisions of this article shall be regarded as supplementary and additional to and cumulative of powers conferred by other laws and shall not be regarded as being in derogation of any powers conferred by any other law. (Code 1981, § 46-4-124, enacted by Ga. L. 1987, p. 745, …

This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. (Code 1981, § 46-4-125, enacted by Ga. L. 1987, p. 745, § 1.) ARTICLE 5 NATURAL GAS COMPETITION AND DEREGULATION

This article shall be known and may be cited as the ‘‘Natural Gas Competition and Deregulation Act.’’ (Code 1981, § 46-4-150, enacted by Ga. L. 1997, p. 798, § 4.)

(a) The General Assembly finds: 375 Page: 376 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:34 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-4-151 PUBLIC UTILITIES, ETC. 46-4-151 (1) It is in the public interest to establish a new regulatory model for…

As used in this article, the term: (1) ‘‘Adequate market conditions’’ means the existence of market conditions in relation to distribution service within a particular delivery group that have been determined pursuant to subsection (b) of Code Section 46-4-156 to warrant customer …

(a)(1) No person other than a gas company or a regulated provider shall sell or offer to sell in intrastate commerce to any retail customer who receives primarily firm service within this state any commodity sales service or distribution service without first obtaining a certific…

(a) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act’’: (1) The commission determines for a specific delivery group, as to which the commission has issued an order pursuant to subsection (b) of 397 Page: …

(a) An electing distribution company which provides firm distribution service under this article must: (1) Offer an allocation of such distribution service to marketers separately from any commodity sales service or other service; (2) Provide such allocation of such distribution …

The commission shall by September 1, 2002, adopt rules governing a marketer’s terms of service for natural gas consumers. Such rules shall provide, without limitation, that: 402 Page: 403 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:54 0000 42051-2…

The commission shall, by September 1, 2002, adopt rules and regulations requiring marketers which provide firm distribution service under this article to provide adequate and accurate consumer information to enable consumers to make informed choices regarding the purchase of natu…

The commission shall continually review marketers’ compliance with rules promulgated in accordance with Code Sections 46-4-158.2, 46-4-158.3, and 46-4-158.4. (Code 1981, § 46-4-158.5, enacted by Ga. L. 2002, p. 475, § 15.) Effective date. — This Code section became effective Apri…

In order to assist low-income residential consumers, the commission may establish a system by which each marketer’s customers may make voluntary contributions to assist low-income residential consumers. Contributions received by a marketer shall be deposited in the universal serv…

(a) There is created the Natural Gas Consumer Education Advisory Board, whose duty it shall be to advise and make recommendations to the director of the consumers’ utility counsel division of the Governor’s Office of Consumer Affairs. The board shall consist of five members who s…

(a) Any retail customer who is damaged by a marketer’s violation of any provision of Code Section 46-4-160, any duly promulgated rules or regulations issued under such Code section, or any commission order shall be entitled to maintain a civil action and shall be entitled to reco…

(a) The commission shall create for each electing distribution company a universal service fund for the purpose of: (1) Assuring that gas is available for sale by marketers to firm retail customers within the territory certificated to each such marketer; (2) Enabling the electing…

Nothing in this article shall be construed to prohibit the commission from approving, upon application by a gas company, pilot programs which allow increased customer choice on such gas company’s distribution system but which are not otherwise subject to the provisions of this ar…

Any special or negotiated contract between a gas company and a retail customer approved by the commission shall not be invalidated or modified by the provisions of this article. (Code 1981, § 46-4-163, enacted by Ga. L. 1997, p. 798, § 4.) 46-4-164. Construction of article; elect…

The commission shall report to the General Assembly annually through the year 2002 on the status of the transition to competitive markets for natural gas services in Georgia. (Code 1981, § 46-4-165, enacted by Ga. L. 1997, p. 798, § 4.) 46-4-166. Selection by proposal of regulate…

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…

(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…

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.)

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…

Notwithstanding any other statute or ordinance to the contrary, the requirements of this article for a certificate of public convenience and 332 Page: 333 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:8 0000 42051-21 46-4-33 (QS) GA 04 RV34 -- 3rd R…

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…

(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…

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.) 46-4-51. Definitions.

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…

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…

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 …

(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…

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…

The General Assembly finds that certain political subdivisions of this state now own and operate gas distribution systems to serve their citizens, inhabitants, and customers by providing them with gas for all purposes; and if such political subdivisions are to furnish, and if the…

As used in this article, the term: (1) ‘‘Authority’’ means the Municipal Gas Authority of Georgia and any successor thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of a…

(a) There is created a public body corporate and politic to be known as the Municipal Gas Authority of Georgia, which shall be a public corporation of the State of Georgia and which shall have perpetual existence. The authority, however, shall not be a political subdivision of th…

Upon the expiration of the terms of the first members of the authority, members shall be elected for three-year terms, provided that in the year in which a member’s term is to expire, the term shall not expire until the adjournment of the annual meeting for that year and until a …

(a) Each political subdivision contracting with the authority for all or a substantial portion of its gas supply (other than short-term purchases) following the election of the first nine members of the authority shall designate a representative to the election committee no more …

(a) In elections held by the election committee to elect members to the authority, each political subdivision entitled to representation on the election committee shall have and shall be entitled to have its representative on the election committee cast: (1) one whole vote; (2) p…

Any vacancy in the membership of the authority shall be filled by a new member who shall be elected by the remaining members of the authority and who shall serve until the next meeting of the election committee. At the first meeting of the election committee following the filling…

The authority shall elect from among its membership a chairman, a vice chairman, a secretary-treasurer, and an assistant secretary-treasurer. Such officers shall serve for such terms as shall be prescribed by resolution of the authority or until their successors are elected and q…

At all meetings of the authority, the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority. No vacancy …

(a) The annual meeting of the authority shall be held on the anniversary date of the first meeting of the authority unless the date, time, and place of such annual meeting shall otherwise be fixed by resolution of the authority. (b) Special meetings of the authority may be called…

The members of the authority shall not be entitled to compensation for their services, but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and …

The election committee shall have the power to remove from office any member of the authority for cause after written notice and public hearing. (Code 1981, § 46-4-93, enacted by Ga. L. 1987, p. 745, § 1.) 46-4-94. Records required.