HB1319.html

To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, so as to prohibit the use of the power of eminent domain to acquire any property for the construction of an electric transmission line without the issuance of a certificate of public convenience and necessity by the Public Service Commission; to provide for applications for such certificates and the practice and procedure in connection therewith; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

22-3-160.
(a) Before exercising the right of eminent domain for purposes of an electric transmission line, the condemnor shall first obtain from the Public Service Commission a certificate of public convenience and necessity. Such certificate shall not be unreasonably withheld.
(b) The Public Service Commission shall prescribe regulations pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relative to the requirements for obtaining a certificate of public convenience and necessity which shall include:
(1) A requirement that the application for such certificate shall include a description of the proposed project including its general route, a description of the public convenience and necessity which support the proposed route, the width of the proposed transmission line corridor, a showing that use of the power of eminent domain may be necessary to construction of the transmission line, a showing that the public necessity for the transmission line justifies the use of the power of eminent domain, a showing that the proposed transmission line corridor is the feasible route which is least disruptive to the rights of private landowners, and a showing that the applicant has considered all reasonable alternative construction approaches, specifically including the consideration of both above ground and below ground construction;
(2) A provision for reasonable public notice of the application and the proposed route;
(3) A provision for the holding of at least three well-publicized public hearings concerning the application and the proposed route, at least one of which hearings shall commence between 6:00 P.M. and 7:00 P.M., inclusive, on a business weekday;
(4) A provision for a hearing by the Public Service Commission on the application and the filing and hearing of any objections to such application;
(5) A requirement that all hearings shall be held and a final decision rendered on any application not later than 90 days from the date of the publication of notice required in paragraph (2) of this subsection; and
(6) Such other reasonable requirements as shall be deemed necessary or desirable to a proper determination of the application.
(c) In the event the application is not approved or denied within the time period provided for in paragraph (5) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law.
(d) The decision of the Public Service Commission may be reviewed by a judge of the superior court of the county in which the transmission line company has an agent and place of doing business. The review shall be by petition filed within 30 days after the action of the Public Service Commission and shall be determined on the basis of the record before the commission. The action of the Public Service Commission shall be affirmed if supported by substantial evidence."