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Elbert County votes to seek removal of PUC appeal expansion in PUC sunset bill
Summary
After a briefing, the county moved to amend its position on HB1326 to ask that sections expanding PUC appeal authority over local land-use denials (sections 10–13) be removed; the motion passed unanimously.
Elbert County commissioners voted March 18 to amend the county’s position on a Public Utilities Commission sunset bill to seek removal of language that would allow certain utilities and developers to appeal local land-use denials to the PUC.
During a legislative briefing, county lobbyists told commissioners that a provision in HB1326 would let cooperative utilities, municipal utilities, independent transmission developers or independent power producers appeal a local government's denial of a land-use permit to the Public Utilities Commission. "We find that problematic," lobbyist Tim Coleman said, adding that the co-op community "does not want the PUC in their business." Coleman and Steve Berovich recommended that Elbert County seek removal of sections 10–13.
The board then moved to amend its position to request removal of those sections. The motion carried unanimously.
Why it matters: Under the proposed language, entities currently outside PUC appeal authority could pursue adjudication at the statewide commission, which lobbyists warned would expand the commission’s role in local land-use matters and could alter how local permitting decisions are reviewed.
What happened at the meeting: A commissioner moved and a second was made to adopt an amend position on HB1326 to remove the appeal-expansion language in sections 10–13; the board voted in favor. Lobbyists said the rest of the PUC reauthorization is likely to move forward, and they urged the county to "pick your battles" and press only on this provision.
The next step: The county’s amended position will be recorded and communicated to legislative contacts; lobbyists will continue to monitor HB1326 and proposed amendments.
