2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 3 - Electrical Service
Article 1 - Generation and Distribution of Electricity Generally
Part 3 - Sale of Electricity by Facility Generating Electricity, Steam, or Other Forms of Energy for Its Own Consumption
§ 46-3-51. Legislative Determinations and Declarations
- The legislature finds that it is in the public interest to:
- Encourage private investment in renewable energy resources;
- Stimulate the economic growth of Georgia; and
- Enhance the continued diversification of the energy resources used in Georgia.
- The General Assembly further finds and declares that a program to provide distributed generation for eligible cogenerators is a way to encourage private investment in renewable energy resources, stimulate in-state economic growth, enhance the continued diversification of this state's energy resource mix, and reduce interconnection and administrative costs.
(Code 1981, §46-3-51, enacted by Ga. L. 2001, p. 1149, § 1.)
Editor's notes.- Ga. L. 2001, p. 1149, § 1, redesignated former Code Section 46-3-51 as present Code Section 46-3-52.
OPINIONS OF THE ATTORNEY GENERAL
Retail sales by cogenerators.
- Under current Georgia laws, cogenerators may not make retail sales of electricity in Georgia except to electric suppliers. 1985 Op. Att'y Gen. No. 85-42.
Operator need not own cogeneration facility.
- Since O.C.G.A. § 46-3-52 (now § 46-3-53) uses the term "person," which is defined as "a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity," and does not use the term "cogenerator," which is defined as the owner of a cogeneration facility, it does not appear that the act requires the operator of a cogeneration facility to own the facility. 1988 Op. Att'y Gen. No. 88-1.
Third-party ownership and/or financing is permissible for cogeneration facilities so long as the operator of the facility uses all of the electrical energy, steam, or other form of useful energy produced at the facility or sells the excess electric energy produced in accordance with O.C.G.A. § 46-3-53 (see subsection (b)). 1988 Op. Att'y Gen. 88-1.
