This legislation requires electrical utilities (using eminent domain to construct or expand electric transmission lines) to consider the existing land uses, existing environmental conditions, engineering practices related to the construction and operation of the line and costs related to the construction, operation and maintenance of a line when determining where to locate an electrical line. Land uses and environmental conditions are to be given priority in this consideration process. 

This bill requires electrical utilities (using eminent domain to construct or expand electric transmission lines) to bear the burden of proof that they considered existing land use, corridors, environmental conditions, engineering practices related to the construction and operation of the line, as well as the costs related to the construction, operation and maintenance of the line when selecting the location of the electrical line. 

This substitute bill is significantly scaled back from last year's cell tower bill, resulting from a compromise between ACCG, GMA and wireless providers. Addressed among its provisions are a shot clock on new tower permit application and conditions on the forced removal of an existing tower, wireless equipment on public property and local government application fees.  It does not affect a county's current ability to deny an application for a new tower, manage wireless infrastructure on its right of way, or contain an "automatically approved" provision if an application shot clock expires.

 

For a summary of this compromise bill, please click here.

This legislation limits local governments ability to provide broadband Internet service to under serviced areas or expand their services.  Counties desiring to provide such a service would be required to make an application to the Public Service Commission.  If your county sells high speed internet services wholesale or retail, please review this legisaltion and let ACCG know your concerns.

This legislation changes Georgia's Utility Facility Protection Act (GUFPA, or "Call Before You Dig" Law).  It revises the definition of large projects and procedures for addressing unlocatable utilities; reinforces that sewer laterals are not owned by local governments; clarifyies that routine road maintenance is not "excavating" for the purposes of the GUFPA Act; and alters the makeup of the GUFPA advisory committee.  This bill does not expand penalties for local governments found in violation of the law, nor does it expand the Public Service Commission's regulatory reach over local governments or water authorities.

 

For a summary of this legislation and proposed GUFPA provisions, please click here.