Bill Text: GA HB244 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Georgia Environmental Facilities Authority; change name to Georgia Environmental Finance Authority

Spectrum: Partisan Bill (Republican 8-0)

Status: (Passed) 2010-07-01 - Effective Date [HB244 Detail]

Download: Georgia-2009-HB244-Comm_Sub.html

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09 LC 21 0463S

The Senate Special Judiciary Committee offered the following substitute to HB 244:

A BILL TO BE ENTITLED
AN ACT

To amend the Official Code of Georgia Annotated so as to change the name of the Georgia Environmental Facilities Authority to the Georgia Environmental Finance Authority; to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties, generally, of the Georgia Public Service Commission, so as to provide that the certain costs sustained by the Public Service Commission shall be charged to the involved utility; to provide that such cost may be included in any approved rate increase; to provide for certain limits on the amount that can be charged to the utility; to provide for commission review of certain invoices; to provide that the utility can recoup certain costs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

The Official Code of Georgia Annotated is amended by replacing the "Georgia Environmental Facilities Authority" with "Georgia Environmental Finance Authority" wherever such name appears in:
(1) Code Section 8-2-3, relating to requirements for toilets, shower heads, and faucets;
(2) Code Section 8-2-23, relating to the amendment and revision of state building, plumbing, and electrical codes generally;
(3) Code Section 12-5-38.1, relating to administration of funds in water pollution control and drinking water revolving funds;
(4) Code Section 12-5-471, relating to definitions relative to water supply;
(5) Code Section 12-5-524, relating to the creation of the Water Council and the obligations of the council;
(6) Code Section 12-5-542, relating to definitions relative to Flint River drought protection;
(7) Code Section 12-5-580, relating to coordinating committees and finance committees of the Metropolitan North Georgia Water Planning District;
(8) Code Section 12-6A-2, relating to definitions relative to land conservation;
(9) Code Section 12-8-23.1, relating to powers and duties of the director of the Environmental Protection Division relative to solid waste management;
(10) Code Section 12-8-31, relating to the state solid waste management plan and reporting;
(11) Code Section 36–60-17.1, relating to use of water supplied by a public water system;
(12) Code Section 46-4A-2, relating to legislative findings and declaration of policy for energy conservation assistance to residential customers;
(13) Code Section 46-4A-12, relating to construction of rules, regulations, and order under the chapter;
(14) Code Section 46-4A-14, relating to civil penalties and removal of contractor, supplier, or lender from master record;
(15) Code Section 48-7-29.14, relating to income tax credit for clean energy property;
(16) Code Section 50-8-8, relating to grants, loans, and other disbursements of funds by the Department of Community Affairs and establishment of a state community development program;
(17) Code Section 50-8-13, relating to authorities and agencies assigned to the Department of Community Affairs;
(18) Code Section 50-8-170, relating to definitions relative to E-85 projects and implementation of a grant program to facilitate E-85 projects;
(19) Code Section 50-8-193, relating to priority in licensing and processing grants and loans to local governments for certified regional economic assistance programs;
(20) Code Section 50-10-5, relating to the powers and duties of the Georgia Development Authority;
(21) Code Section 50-17-27, relating to application and investment of public debt proceeds by the State Financing and Investment Commission and the authority;
(22) Code Section 50-23-1, relating to the short title of article;
(23) Code Section 50-23-2, relating to legislative intent and assumption of rights, duties, and assets of the Georgia Development Authority;
(24) Code Section 50-23-3, relating to the creation of the authority, members, quorum, travel and expenses, legal services, members' accountability, recordkeeping, and authority assigned for administrative purposes;
(25) Code Section 50-23-4, relating to definitions relative to the authority;
(26) Code Section 50-23-5, relating to the purpose, powers, and duties of the authority;
(27) Code Section 50-23-25, relating to the definition of the Water Supply Division;
(28) Code Section 50-23-26, relating to the creation of the Water Supply Division;
(29) Code Section 50-23-30, relating to the definition of the Division of Energy Resources;
(30) Code Section 50-23-31, relating to creation of the Division of Energy Resources;
(31) Code Section 50-23-32, relating to powers and duties of the Division of Energy Resources;
(32) Code Section 50-32-15, relating to the issuance of bonds; and
(33) Code Section 50-32-39, relating to limitation of indebtedness by or on behalf of the Georgia Regional Transportation Authority.

SECTION 2.

Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties, generally, of the Georgia Public Service Commission, is amended by adding a new Code section to read as follows:

"46-2-33.

(a) The cost to the commission of providing reasonably necessary specialized testimony and assistance in conducting affiliate transactions audits prior to utility rate cases, in monitoring nuclear power costs, and in proceedings initiated by the utility, including, but not limited to, utility rate cases, fuel cost recovery cases, gas supply cases, and capacity supply cases, shall be charged to the affected utility; provided, however, that this subsection shall not apply to testimony in utility rate cases relating to rate design and the allocation of costs between customer classes. The amount of any such charges shall not exceed $200,000.00 per case per year, except for utility rate cases, generation construction monitoring, integrated resource planning cases, and generation certification cases, to the extent such amount is not also being recovered pursuant to an order issued under subsection (c) of Code Section 46-3A-5, which shall not exceed $600,000.00 per case per year. The maximum fee shall be adjusted on an annual basis based on the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. In the event the Consumer Price Index is no longer available, the commission shall select a comparable broad national measure of inflation. This Code section shall not apply to proceedings for Tier 1 local exchange companies that have elected alternative regulation.

(b) At the time the commission determines that specialized testimony and assistance is required, the commission shall issue an order setting forth the scope and budget for such testimony and assistance. All invoices relating to the testimony and assistance shall be subject to commission review and approval, and no utility shall be required to pay any invoice not approved by the commission.

(c) The amounts paid by regulated companies under this Code section shall be deemed a necessary cost of providing service, and the utility shall be entitled to recover the full amount of any costs charged to the utility pursuant to this Code section. In addition, at the election of the utility, the utility shall be entitled to recover all such costs promptly through a reasonably designed rider designated for such purpose."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.