Laws of Interest
The State of Alabama has many laws which may affect
your utility's operation. A synopsis of several of these laws is printed
below.
If you are interested in additional information, please call us at
(334) 396-5511.
Competitive Bid Law |
Act No. 2009-760 |
Relating to competitive bidding on contracts of certain state and local agencies; to increase the minimum amount of contracts subject to competitive bid from $7,500 to $15,000; to include city and county boards of education in the list of awarding authorities that may establish local preference zones; to change from mandatory to permissive the furnishing of a bid bond by a bidder; to exempt from competitive bidding requirements purchases made by city and county boards of education under certain joint purchasing agreements; to authorize an awarding authority to make purchases or contracts through a reverse auction procedure; to provide for the award of the remainder of an award period to the second lowest responsible bidder in the event of the default of the lowest responsible bidder; and to specify that the lowest responsible bid may be the bid offering the lowest life cycle costs. Read entire bill as amended (pdf).
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Utility Board Member Compensation
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Act No. 2010-580
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To amend Section 11-88-6, Code of Alabama 1975, relating to Boards
of Directors of water, sewer and fire protection authorities, to
provide further for the compensation of members and chairpersons of
such boards.
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Alabama Volunteer Fire Department
Check-off Contribution
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Act No. 2006-203
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| Relating to county water systems incorporated pursuant to
Chapter 88 or other portions of Title 11, Code of Alabama 1975,
and municipal water systems incorporated pursuant to Chapter 50
or other portions of Title 11, Code of Alabama 1975; to
authorize such systems to solicit their customers, through their
periodic billings, for voluntary contributions for local fire
departments; to require prior authorization of the board of
directors to participate; to provide for the distributions of
such contributions; and to require volunteer fire departments to
provide monthly estimates of water used to the water system
providing water. |
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Alabama Sunset Law |
Act No. 92-182 |
Relating to the Alabama Sunset Law; to continue
the existence and functioning of the Plumbers and Gas Fitters
Examining Board with certain modifications; to amend Sections
34-37-6, 34-37-8, 34-37-9, 34-37-12, and 34-37-15, Code of
Alabama 1975, so as to provide minimum times for holding a lower
classification before being examined for certification as a
journeyman plumber, master plumber or master pipe fitter: extend
the time period for certification without an examination
(grandfather clause); require the board to adopt a program of
continuing education by October 1, 1994; require the board to
adopt a late renewal penalty and levy administrative fines; and
permit property owners to perform plumbing work on their own
property.
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Alabama Open Meeting Act |
Act No. 2005-40
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Under existing law, meetings of governmental entities are required
to be held in the open. There are certain exceptions to that
requirement. This bill would require all meetings held by a
governmental body to be open to the public with certain exceptions,
would provide for civil penalties, and would prohibit certain
agencies and other governmental bodies from meeting in executive or
secret sessions.
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ALABAMA LAW - CERTIFICATE
OF INCORPORATION
OF WATER, SEWER AND FIRE PROTECTION AUTHORITIES |
Act No. 91-599 |
To amend Section 11-88-5 of the Code of Alabama 1975, as amended,
relating to the authorization and procedure for amendment of the
certificate of incorporation of water, sewer and fire protection
authorities with a service area that lies solely within one
determining county so as to permit changes in the number of
directors of such authorities to any odd number thereof that the
board shall deem appropriate, and to provide that the total number
of directors of any such authority shall be not less than three or
more than five; to validate the membership of the boards of
directors of all such authorities as are presently in existence: and
to provide an effective date.
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ALABAMA LAW - PROHIBITING DUPLICATION
OF SERVICES |
Act No. 82-624 |
To prohibit any municipality from acquiring, or duplicating any
services of, any waterworks system, or any part thereof, operated by
a corporation or association which has been organized under Sections
10-4-190 through 10-4-194; Sections 11-88-1 through 11-88-21;
Sections 11-88-40 through 11-88-111; or Sections 11-89-1 through
11-89-19, Code of Alabama 1975, without the consent of a majority of
the members of the governing board of said corporation or
association.
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ALABAMA LAW - RELATING TO USE OF
RIGHTS OF WAY |
HB112
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To amend Section 11-88-14, Code of Alabama 1975, relating to the use
of rights-of-way of public roads by water, sewer, and fire
protection authorities; to allow counties to develop regulations for
use of a right-of-way within the jurisdiction of a governmental
entity under certain circumstances.
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ALABAMA LAW - TO UPGRADE SERVICES |
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To provide for water authorities to upgrade services, including
fire hydrants; and to further provide for any savings as a result of
lower insurance rates.
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ALABAMA LAW - TO UPGRADE SERVICES |
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| SYNOPSIS: Under existing law, a water authority may
develop, improve, maintain, equip, and operate water, sewer, and
fire protection facilities or combine the services, and may charge
reasonable rates for the services. Also, the water authority may
fix, collect, and revise reasonable fees and other charges for
water, sewer, and fire protection services.
This bill would specifically authorize the water authority to upgrade
water sewage service, including fire hydrants. The bill also would
provide for a certain portion of the savings from lower insurance rates
to the company and customer to go to the authority to pay for the
upgrade.
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ALABAMA LAW - ON USE OF THE STATE
EMPLOYEE'S
HEALTH INSURANCE PLAN |
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Enrolled, An Act,
To amend Act No. 90-624, H.570, 1990 Regular Session, codified as
Section 36-29-14, Code of Alabama 1975, which provides the procedure
for officers, employees and retirees of certain cities, towns, fire
districts, water and fire authority districts and the Alabama League
of Municipalities to be covered under the state employees' health
insurance plan, so as to authorize certain additional state, county
and municipal agencies and regional planning and development
commissions to participate in the plan; to provide additional
eligibility requirements for those entities wishing to participate
in said plan; to provide procedures regarding revocation of
participation in said plan.
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ALABAMA LAW-TAMPERING WITH METERS AND
OTHER UNLAWFUL DIVERSION OF UTILITY SERVICES |
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Enrolled, An Act
To prohibit certain activities related to tampering with meters and
other facilities of public utilities furnishing utility services or
otherwise diverting or using utility services unlawfully; to provide
felony criminal punishment for violations; and to provide that the
provisions of this act are cumulative to Section 13A-8-10, Code of
Alabama 1975.
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ALABAMA LAW - RELATING TO
NOTIFICATION OF
EXCAVATION AND DEMOLITION ACTIVITIES |
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Enrolled, An Act,
To provide for a means to safeguard the public against injury and
loss of life or the interruption of public services caused by damage
to various underground facilities by communicating and coordinating
adequate prior notification of excavation or demolition activities
that might damage or interrupt services provided by certain
underground facilities; to prohibit certain activities without first
having ascertained the location of any potentially affected
underground facilities; to prescribe procedures for notification of
an intent to undertake certain activities; to prescribe certain
activities to be included in an underground damage prevention
program; to prescribe procedures for response to both emergency and
routine notification and for reporting damage resulting from certain
activities; to prescribe civil penalties for violations and
exceptions to such penalties; to provide for the liberal
construction and severability of any part of this act and to provide
that this act shall become effective on January 1, 1995.
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ALABAMA LAW - RELATING TO MOBILE COUNTY |
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Relating to Mobile County, providing for additional compensation to
members of the board of directors of certain public utility
authorities.
Be It Enacted by the Legislature of Alabama:
Section 1. In Mobile County, the members of the board of
directors of any authority, created or operated pursuant to Sections
11-88-1 through 11-88-21, Code of Alabama 1975, which operates a
public water system, a public sewer system or a fire protection
facility and which serves 6,500 or more customers, shall, in
addition to any other compensation and if authorized by resolution
of the board of directors of the authority, be compensated for
performance of their duties as follows:
(a) The chairman of the board shall be compensated in an
additional amount not to exceed $400.00 per month; and
(b) Each member of the board shall be compensated in an
additional amount not to exceed $300.00 per month.
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ALABAMA LAW - RELATING TO ST CLAIR COUNTY |
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To provide in St. Clair County, Alabama, for the creation and
maintenance of districts for fighting or preventing fires and for
the collection and disposal of garbage, providing medical rescue
services and systems, and providing parks and recreational
facilities: to provide that any such district may be created for any
area upon the conditions and in the manner provided for in the Act;
to provide that upon the petition of the qualified electors residing
within any proposed district the Probate Judge shall call an
election at which there shall be submitted to the qualified electors
residing within the proposed district the question of whether the
proposed district shall be created; to provide what the petition for
such election shall contain; to provide for the time and the conduct
of such election; to provide that the County shall pay the expense
of conducting such election; to provide that if the district is
created the district shall reimburse the County for the expenses
incurred by the County in respect to the election; to provide that
after a district has been established the district shall pay the
expense of any election held in the district or held in any area
which it is proposed be added to the district; to provide that no
district shall be created unless the creation thereof has been
approved by the majority of votes cast at the election; to provide
that if the creation of the proposed district is approved by the
majority of votes cast at the election, the proposed district shall
be created and shall constitute a public corporation; to provide
that a district may be enlarged by the inclusion of additional area
therein, provided the inclusion of such area in the district is
approved by the majority of votes cast by the qualified electors
residing within the proposed additional area; to provide for the
time and conduct of such election; to provide that the affairs and
business of the district shall be managed by a Board of Trustees
consisting of five members appointed by the governing body of the
County; to provide for the terms of office of the members of the
Board; to provide that the Board of Trustees shall elect from its
own number a president and a secretary; to provide that the
members of the Board of Trustees shall not be entitled to any
compensation for their services but shall be entitled to
reimbursement for all expenses incurred by them in the performance
of their duties; to define the rights, powers and authority of the
districts; to authorize any such district to pledge all or any part
of its revenues, or to mortgage or otherwise encumber all or any
part of its property for the purpose of securing the payment of the
principal of and interest on any of its obligations; to authorize
any such district to levy and collect service charges as provided
for in the Act and, subject to the limitations prescribed in the
Act; to provide for the dissolution of any such district; to provide
that the provisions of the Act are severable; to repeal all laws or
parts of laws, in conflict with the Act; and to provide when the Act
shall take effect.
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ALABAMA LAW - RELATING TO WORTHLESS CHECKS |
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To provide further for the crime of negotiation of worthless checks
and other negotiable instruments; to provide for written notice to
makers or drawers of such worthless instruments; to provide further
for matters of proof as to persons issuing such worthless
instruments; prescribing penalties for violations, and specifically
repealing and superseding Section 13A-9-13, Code of Alabama 1975.
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FEDERAL LAW - RELATING TO DEBTS OWED TO FMHA |
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The basic statute here is 7 U.S.C. 1926(b), which
states: The service provided or made available through any such
[water] association [indebted to the FmHA] shall not be curtailed or
limited by the inclusion of the area within the boundaries of any
municipal corporation or other public body. . .during the term of
said loan. . .
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