Under the Service Delivery Act cities and counties cannot charge residents outside their jurisdictions water and sewer fees that are arbitrarily higher than the fees charged to residents of their jurisdiction. HB 174 adds that arbitrarily-higher "rates" would also be prohibited and the definition of fees would now include "account fees or other customer fees." If the reasonableness of a rate or fee is challenged by a county or city, current law requires that a qualified engineer must prepare a rate study. HB 174 removes the requirement for this rate study.

This legislation requires that cities and counties either approve or reject proposed routs of electric lines by a subsidiary company of an electric membership corporation which would traverse their communities.  These companies currently have the power of eminent domain to condemn right of way and easements for electric lines.  Furthermore, the bill requires that the Georgia Public Service Commission administer binding arbitration, which will be final, on any dispute arising between a local governing authority and said subsidiary company in this regulatory process.    

This bill gives sovereign immunity to authorities (i.e., development, water and sewer authorities). The state and counties have sovereign immunity through the constitution.  cities have it through statute.  Authorities currently do not have it since they are separate legal entities.      

This bill repeals the Local Government Cable Fair Competition Act of 1999 and replaces it with the Broadband Investment Equity Act. This bill is being redrafted with several amendments. ACCG will notify you when the new version is available.

If your county provides any telecommunication services to the public, please contact ACCG Legislative Director, Clint Mueller at cmueller@accg.org.