06 LC 22
5995
Senate
Bill 418
By:
Senators Thomas of the 2nd, Brown of the 26th, Fort of the 39th, Miles of the
43rd, Butler of the 55th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 5 of Chapter 4 of Title 46 of the Official Code of Georgia
Annotated, the "Natural Gas Competition and Deregulation Act," so as to
prohibit disconnection of natural gas from residences of certain persons during
the winter heating season; to revise legislative findings and intent; to revise
definitions; to provide for expedited reconnection of natural gas for certain
persons; to regulate the imposition of reconnect fees and deposits relating to
natural gas; to provide for enforcement of the limitation on deposits relating
to natural gas for residential consumers; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
5 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, the
"Natural Gas Competition and Deregulation Act," is amended by striking Code
Section 46-4-151, relating to legislative findings and intent and the consumers'
bill of rights, and inserting in lieu thereof the following:
∀46-4-151.
(a)
The General Assembly finds:
(1)
It is in the public interest to establish a new regulatory model for the natural
gas industry in Georgia to reflect the transition to a reliance on market based
competition as the best mechanism for the selection and provision of natural gas
services at the most efficient pricing;
(2)
In order to ensure the implementation of this new reliance on market based
competition, any regulatory impediments, whether statutory or administrative, to
competition for natural gas services must be removed in those areas of the
natural gas industry where competition actually exists;
(3)
All consumers deserve to receive natural gas service on reasonable terms and at
reasonable prices;
and
(4)
That loss of
heating capacity during the winter heating season is a circumstance that bears
implications for public health, and that it is in the public interest to ensure
a continuing supply of natural gas for residential heating purposes during the
winter heating season for low-income residential consumers, who are particularly
vulnerable to disconnection of natural gas, and for other residents whose health
may be jeopardized by loss of heating capacity during the winter heating
season, including elderly persons, disabled persons, and young children;
and
(5)
That protecting natural gas consumers in this new reliance on market based
competition is the most important factor to consider in any decisions to be made
in accordance with this article.
(b)
It is the intent of this article to:
(1)
Promote competition in the natural gas industry;
(2)
Protect the consumer during and after the transition to a competitive natural
gas market;
(3)
Maintain and encourage safe and reliable natural gas service;
(4)
Deregulate those components of the natural gas industry subject to actual
competition;
(5)
Continue to regulate those natural gas services subject to monopoly
power;
(6)
Promote an orderly and expeditious transition of the natural gas industry toward
fully developed competition;
(7)
Provide for rate-making methods which the General Assembly finds appropriate for
the provision of natural gas services, including without limitation the use of
straight fixed variable rate design, the recovery of certain stranded costs, and
the use of alternative forms of rate regulation;
(8)
Allow gas companies the opportunity to compete effectively in a competitive
marketplace;
(9)
Protect
low-income residential consumers and other residential consumers that are
especially vulnerable to harm from loss of heating capacity during the winter
heating season, including elderly persons, disabled persons, and young children,
from disconnection of their residential natural gas service during the winter
heating season;
(10)
Provide a bill of rights for consumers as follows:
(A)
All consumers must have access to reliable, safe, and affordable gas service,
including high quality customer service;
(B)
All consumers must have the right to receive accurate, easily understood
information about gas marketers, services, plans, terms and conditions, and
rights and remedies. The information must be unbiased, accurate, and
understandable in a written form, which allows for comparison of prices and
terms of service;
(C)
All consumers must receive the benefits of new services, technological
advances, improved efficiency, and competitive prices;
(D)
Standards for protecting consumers in matters such as deposit and credit
requirements, service denials and terminations, and deferred payment provisions
must be applied fairly to all consumers;
(E)
All consumers must be protected from unfair, deceptive, fraudulent, and
anticompetitive practices, including, but not limited to, practices such as
cramming, slamming, and providing deceptive information regarding billing terms
and conditions of service;
(F)
All consumers shall receive accurate and timely bills from their
marketers;
(G)
All consumers are entitled to protection of their privacy and must be protected
from improper use of their customer records or payment histories without their
express consent;
(H)
All consumers must be protected from price increases resulting from inequitable
price shifting; and
(I)
All consumers have the right to a fair and efficient process for resolving
differences with marketers, including a system of internal review and an
independent system of external review; and
(10)(11)
Provide that, in the event of any conflict between paragraph
(9)(10)
of this subsection and any other paragraph of this subsection, the provisions of
paragraph
(9)
(10)
shall override such other paragraph or
paragraphs.∀
SECTION
2.
Said
article is further amended in Code Section 46-4-152, relating to definitions
relative to such article, by inserting new subsections to read as
follows:
∀(8.1)
'Disability' means, with respect to a natural person, a physical or mental
impairment which substantially limits one or more of such
persońs
major life activities.
(8.2)
'Disabled person' means a natural person who is chronically ill or who suffers
from a disability.
∀(9.1)
'Elderly person' means a natural person who is 65 years of age or
older.∀
SECTION
3.
Said
Code Section 46-4-152, relating to definitions relative to such article, is
further amended by striking subsection (17) and inserting in lieu thereof the
following:
∀(17)
'Winter heating season' means the calendar days from
October
1
November
15 of one year through March
31
15,
inclusive, of the following
year.∀
SECTION
4.
Said
article is further amended by inserting new Code sections to be designated Code
Sections 46-4-167 and 46-4-168 to read as follows:
∀46-4-167.
(a)
The provisions of this Code section shall apply to each residential consumer
that:
(1)
Is a low-income residential consumer, as defined in Code Section 46-4-152;
(2)
Includes within the household one or more elderly persons, as defined in Code
Section 46-4-152;
(3)
Includes within the household one or more disabled persons, as defined in Code
Section 46-4-152; or
(4)
Includes within the household one or more children six years of age or
younger.
(b)
During the winter heating season, no consumer that meets one or more of the
criteria of subsection (a) of this Code section shall be subject to a
disconnection of natural gas from such consumer's residence. The commission
shall publicize the provisions of this Code section, immediately upon its
effective date and annually during the winter heating season, and invite
residents who meet one or more of the criteria of subsection (a) and who have
been disconnected or are being threatened with disconnection to notify the
commission. If such a consumer has been disconnected during any winter heating
season after the effective date of this Code section or during the part of the
winter heating season that preceded the effective date of this Act, it shall be
the duty of the commission, the marketer or regulated provider that ordered the
disconnection, and the electing distribution company to provide for reconnection
as soon as possible. Failure to reconnect such a consumer within two business
days following notice that the disconnected residential consumer meets one or
more of the criteria of subsection (a) of this Code section shall subject the
marketer, regulated provider, or electing distribution company to fines as
determined by the commission.
(c)
A consumer that meets one or more of the criteria of subsection (a) of this Code
section shall not be required to pay a reconnect fee or deposit for natural gas
service during the winter heating season. Such a consumer may be required by a
marketer or regulated provider to pay a reconnect fee or deposit only in
installments not to exceed $50.00 monthly and only after or before the winter
heating season.
46-4-168.
Upon
notification from a residential consumer that a marketer or regulated provider
has required or is requiring a residential consumer to pay a deposit exceeding
$150.00, the commission shall order the marketer or regulated provider to refund
the amount exceeding $150.00 to such a consumer or to cease such demand for a
deposit exceeding $150.00. The commission may impose the penalties set out in
Code Section 46-2-91 for willful violations of the limitation on deposit
requirements.∀
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.