Bill Text: GA HB94 | 2009-2010 | Regular Session | Introduced

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Bill Title: Public utilities and transportation; electric company; provide definition

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-01-16 - House Second Readers [HB94 Detail]

Download: Georgia-2009-HB94-Introduced.html

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09 LC 36 1211

House Bill 94

By: Representative Stephens of the 164th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transportation, so as to provide for a definition; to require that an electric company provide notice to property owners before entering upon their property, except in the case of an emergency; to provide for the contents of the notice; to provide for a penalty; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to public utilities and public transportation, is amended by adding a new Code section to read as follows:

"46-1-2.1.

(a) As used in this Code section, the term 'electric company' means all corporations, including, but not limited to, electric membership corporations, engaged in the business of either generating or transmitting electricity for light, heat, power, or other commercial purposes.

(b) Before entering upon any privately owned property for the purpose of accessing an easement owned by the electric company or for any purpose not rising to the level of an emergency, the electric company shall serve notice upon all owners of such property by certified mail or statutory overnight delivery, return receipt requested, at least seven days in advance of entering upon said property. The service of such notice shall be deemed effective the date such notice is placed in the mail.

(c) Such notice shall:

(1) Describe the tract or parcel of land upon which the electric company intends to enter to perform work or an inspection with sufficient particularity to enable the owner of the property to ascertain the precise tract or parcel of land involved;

(2) State the name, address, and telephone number of the person at the electric company who will be in charge of the work or inspection;

(3) Describe the reason for the entry upon the property; and

(4) Designate the date upon which the work or inspection will commence and will be completed.

(d) Any person convicted of a violation of this Code section shall be guilty of a misdemeanor.

(e) This Code section shall not be applied to any existing easement, contract, or other agreement between a utility company and a property owner in existence prior to July 1, 2009, to the extent that this Code section would impair the obligation of such existing easement, contract, or other agreement."

SECTION 2.

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