Georgia HB 249: Controlled substances; collect more information regarding dispensing and use; provisions

Bill Text

25 LC 55 0584S
The House Committee on Energy, Utilities and Telecommunications offers the following
substitute to HB 249:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated,1
relating to generation and distribution of electricity generally, so as to revise provisions2
relating to solar power facility agreements; to revise provisions relating to the waiver of3
certain requirements of such agreements; to authorize the Environmental Protection Division4
of the Department of Natural Resources to issue cease and desist orders; to provide civil5
penalties; to provide an exception; to revise and provide for definitions; to provide for an6
effective date; to provide for related matters; to repeal conflicting laws; and for other7
purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to11
generation and distribution of electricity generally, is amended by revising Part 5, relating12
to solar power facility agreements, as follows:13
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"Part 514
46-3-67.15
As used in this part, the term:16
(1) 'Commercial operations date' means the date on which a solar power facility17
generates electrical energy for sale to an electric supplier. Such term does not include the18
generation of electrical energy or other operations conducted before that date for purposes19
of maintenance or testing.20
(2) 'Division' means the Environmental Protection Division of the Department of Natural21
Resources.22
(3) 'Electric supplier' has the same meaning as provided in Code Section 46-3-3.23
(3)(4) 'Financial assurance' means a surety or performance bond that:24
(A) Renews automatically; and25
(B) Is issued by a company that is:26
(i) Licensed as an insurance company under Title 33; and27
(ii) Listed listed on the United States Department of the Treasury's List of Certified28
Companies and that has a financial strength rating of at least an 'A' as rated by A.M.29
Best Company, Inc.; Moody's Investors Service, Inc.; Standard and Poor's30
Corporation; or a similar rating agency.31
(4)(5) 'Grantee' means a person who leases property from a landowner and who operates32
a solar power facility on said property.33
(5)(6) 'Solar energy device' means a solar energy collector or solar energy system that34
provides for the collection of solar energy or the subsequent use of such energy as35
thermal, mechanical, or electrical energy.36
(6)(7) 'Solar power facility' means a solar energy device that does not meet the definition37
of solar technology pursuant to Code Section 46-3-62, or the integrated collection of such38
devices, together with any equipment or other personal property and improvements under39
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common ownership that are used to support the operation of such a solar energy device40
or solar energy devices, including, but not limited to, underground or aboveground41
electrical transmission or communications lines, electric transformers, battery storage42
facilities, telecommunications equipment, roads, meteorological towers, and maintenance43
yards.44
(7)(8) 'Solar power facility agreement' means any lease agreement for real property in45
this state between a grantee and a landowner that authorizes the grantee to operate a solar46
power facility on the leased property.47
46-3-68.48
(a) The provisions of this part shall only apply to solar power facility agreements that are49
executed or renewed on or after July 1, 2024.50
(b) Any Except as provided in subsection (e) of Code Section 46-3-69, any provision in51
a solar power facility agreement that purports to waive a right or exempt a grantee from a52
liability or duty established by this part shall be void.53
(c) Any person who is harmed by a violation of this part shall be entitled to appropriate54
injunctive relief to prevent further violation of this part.55
(d) The provisions of this Code section are not exclusive. The remedies provided in this56
Code section are in addition to any other procedures or remedies provided by law.57
46-3-69.58
(a) A solar power facility agreement shall provide that the grantee shall be responsible for59
removing the grantee's solar power facilities from the landowner's property upon the60
termination of the lease and that the grantee shall, in accordance with any other applicable61
laws or regulations, safely:62
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(1) Clear, clean, and remove from the property all grantee owned or leased solar energy63
devices and all grantee owned or leased equipment, personal property, and improvements64
used to support such devices;65
(2) For each foundation of a solar energy device, transformer, or substation installed on66
the property by the grantee:67
(A) Clear, clean, and remove the foundation from the ground to a depth of at least three68
feet below the surface grade of the land in which the fo