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Georgia Legislative and Regulatory Update

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Georgia Legislative and Regulatory Update Georgia Legislative and Regulatory Update Peter K. Floyd, Esq. Electric Cities General Counsel Alston & Bird, LLP Electric Cities Annual Meeting Reynolds Plantation, Greensboro, GA March 30, 2011 Georgia Legislative and Regulatory Update . Who I am and Who I’m Not . 2011 Ga. Legislation That Made Crossover Day . 2011 Ga. Legislation That Didn’t Make Crossover Day . Misc. Recent Ga. Legislation . Ga. Territorial Act Update Who I Am and Who I’m Not (www.alston.com) Or, why is this guy up here talking… . Atlanta Headquarters with 850+ attorneys . Attorneys ranked among the best in the U.S. and the world . Strong practices in energy and infrastructure development . Public and private finance . International construction & government contracts practice . Tax Expertise (Intl., Fed., State & Local) . Represent: Ga. state and local governments, public and private owners, engineering and design firms, contractors and subcontractors. Extensive Experience with: public finance, commercial construction, tax, grants and incentives, energy regulation, hospital-medical office building projects, college and university projects, retail and hospitality projects, sporting venues, industrial plants and facilities. Who I Am and Who I’m Not (www.alston.com) Or, why is this guy up here talking… . Help track and interpret legislation and regulation for Electric Cities, MEAG Power and the Gas Authority, among other general counsel/asst. GC duties. Note: I’m not trying to cover everything. There are way too may things relevant cities generally with all of the different hats you where. I’m currently following over 75 different bills in the Ga. General Assembly. I’ll just address electric utility related highlights. I am not a “lobbyist”, so I won’t be much help regarding the latest Gold Dome or PSC dirt. We don’t want to see how the sausage was made anyway… Georgia Legislative and Regulatory Update . Who I am and Who I’m Not . 2011 Ga. Legislation That Made Crossover Day . 2011 Ga. Legislation That Didn’t Make Crossover Day . Misc. Recent Ga. Legislation . Ga. Territorial Act Update 2011 Ga. Legislation That Made Crossover Day . This generally means that these bills can still be acted on this year. April 14th is the currently scheduled final day. 2011 Ga. Legislation That Made Crossover Day . SB 9 - Georgia Energy Freedom Act; cap and trade system; permit Governor to delay implementation; comprehensive assessment . Representatives: Mitch Seabaugh (R), 28th District, Bill Heath (R), 31st District, Barry Loudermilk (R), 52nd District, Charlie Bethel (R), 54th District, Rick Jeffares (R), 17th District, Lindsey Tippins (R), 37th District . Senate Committee: Natural Resources and Environment . House Committee: Natural Resources and Environment . Summary: Relates to air pollution control, so as to permit the Governor to delay implementation of the requirements of any federal program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy until a comprehensive assessment of such program can be made an 2011 Ga. Legislation That Made Crossover Day d the Governor finds that the implementation will benefit the citizens of Georgia; to provide for legislative intent and to direct the Attorney General to undertake certain litigation under certain circumstances . Status: March 7, 2011 - Senate Passed/Adopted; March 10, 2011 - House Second Readers 2011 Ga. Legislation That Made Crossover Day . SB 61 - Commerce; provide incandescent light bulbs manufactured in Georgia not exported from the state shall not be subject to federal regulation . Representatives: Barry Loudermilk (R), 52nd District, Chip Rogers (R), 21st District, Judson Hill (R), 32nd District, John Albers (R), 56th District, Mitch Seabaugh (R), 28th District, Steve Gooch (R), 51st District . Senate Committee: Agriculture and Consumer Affairs . House Committee: Science and Technology . Summary: Provide that incandescent light bulbs manufactured in the State of Georgia and not exported from the state shall not be subject to federal regulation; to state legislative findings; to provide for lawful manufacture, possession, and use of such light bulbs . Status: March 10,2011 - Senate Passed/Adopted; March 10, 2011 - House Second Readers 2011 Ga. Legislation That Made Crossover Day . HB 387 (385, 386 & 385) - Revenue and taxation; revenue structure; comprehensive revision . Representatives: Mickey Channell (R), 116th District; Larry O`Neal (R), 146th District; Jan Jones (R), 46th District; Allen Peake (R), 137th District . House Committee: Special Joint Committee on Georgia Revenue Structure . Summary: Provides for comprehensive revision of the revenue structure of the State of Georgia; to implement the recommendations of the 2010 Special Council on Tax Reform and Fairness for Georgians, relating to fiscal bills generally . Status: March 1, 2011 - House Second Readers . Special rules: crossover deadline doesn’t apply and must be an up or down vote after it leaves committee . Note: Prohibition on future franchise agreement for cable and telecom excludes several things including pole attachment agreement. At GMA’s request, I have offered a few comments to make that stronger. 2011 Ga. Legislation That Made Crossover Day . SB 160 - Elections; public utility corporations; political campaigns . Representatives: Don Balfour (R), 9th District; George Hooks (D), 14th District; Cecil Staton (R), 18th District; Hardie Davis (D), 22nd District; Jack Murphy (R), 27th District; Freddie Powell Sims (D), 12th District . Senate Committee: Ethics . House Committee: Governmental Affairs . Summary: Relating to campaign contributions, so as to provide that a public utility corporation, expressly including EMCs, shall be allowed to make contributions to political campaigns; to prohibit regulated entities from making contributions to certain elected executive officers or candidates, including PSC . Status: March 10, 2011 – Senate Passed/Adopted; March 14, 2011 - House Second Readers Georgia Legislative and Regulatory Update . Who I am and Who I’m Not . 2011 Ga. Legislation That Made Crossover Day . 2011 Ga. Legislation That Didn’t Make Crossover Day . Misc. Recent Ga. Legislation . Ga. Territorial Act Update 2011 Ga. Leg. That Didn’t Make Crossover Day . They’re dead for 2011, but will live again in 2012 . Or, could live again as an amendment to a bill that made it passed crossover day 2011 Ga. Leg. That Didn’t Make Crossover Day . HB 316 - Electric membership corporations; meetings open and public; provide . Representatives: Wendell Willard (R), 49th District; Mike Jacobs (R), 80th District; Alex Atwood (R), 179th District; B.J. Pak (R), 102nd District; Sharon Cooper (R), 41st District; Gerald Greene (R), 149th District . House Committee: Energy, Utilities & Telecommunications . Summary: Relating to directors and officers of electric membership corporations, so as to provide that meetings of such directors or officers shall be subject to provisions relating to open and public meetings; to provide that records of such organizations shall be subject to public inspection 2011 Ga. Leg. That Didn’t Make Crossover Day . HB 86 – Sales and use tax; energy for manufacturing; provide exemption . Representatives: Roger Williams (R), 4th District; Ed Rynders (R), 152nd District; Tom Dickson (R), 6th District; Allen Peake (R), 137th District; Don Parsons (R), 42nd District; Tom Weldon (R), 3rd District . House Committee: Ways & Means . Summary: Provide for an exemption regarding the sale or use of energy for manufacturing . Status: January 31, 2011 - House Second Readers . Rolled into the comprehensive tax reform bill (HB 387) . Note: This is why we watch so many bills. Bills can be amended to add new things even after crossover day and some legislators get trickier every year. 2011 Ga. Leg. That Didn’t Make Crossover Day . Portfolio Standard Goals for Renewable Energy: HB 515 by Rep. Karla Drenner (D) relating to public utilities would encourage each electric service provider to establish renewable energy sources energy portfolio standard goals on a scale beginning at one-half of one percent of annual net electricity sales by December 31, 2013 and increasing to seven percent of annual net electricity sales by December 31, 2020. The bill would provide for a renewable energy credits trading program and would authorize GEFA. Status: House Energy, Utilities & Telecommunications Committee . HB 516 by Rep. Karla Drenner (D) also related to public utilities and contains some of the same provisions as HB 515. However, it differs in that the PSC would be required to establish renewable energy sources energy portfolio standard goals for electric service providers to reach on an annual basis. Such goals would not exceed 12 percent of annual net electricity sales. The PSC would also be authorized to provide incentives to encourage electric service providers to exceed the energy portfolio standard goals established by the PSC. Status: House Energy, Utilities and Telecommunications Committee . Purchase of Energy from a Customer Generator: HB 520 by Rep. Don Parsons (R) relating to requirements to purchase energy from a customer generator and safety standards and regulations would change Cogen and Dist. Gen Act regarding the amount of energy an electric service provider is required to purchase from an eligible customer generator and by increasing the cumulative generating capacity of all renewable energy sources from 0.2 to 2.5 percent of the utility's annual peak demand in the previous year.
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