Alabama 2022 Regular Session

Alabama House Bill HB148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 HB148
2		-	2 216374-2
	2	+	2 216374-1
3	3		3 By Representative Wingo (Constitutional Amendment)
4	4		4 RFD: Economic Development and Tourism
5	5		5 First Read: 13-JAN-22
6	6
7		-	Page 0 HB148
8		-	1
9		-	2 ENROLLED, An Act,
10		-	3 To propose a local constitutional amendment to the
11		-	4 Constitution of Alabama of 1901, for Jefferson County and
12		-	5 Tuscaloosa County, relating to privately owned sewer systems;
13		-	6 to bring certain privately owned sewer systems that use public
14		-	7 rights-of-way of public roads in the city limits of Lake View
15		-	8 under the jurisdiction of the Public Service Commission.
16		-	9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17		-	10 Section 1. The following amendment to the
18		-	11 Constitution of Alabama of 1901, is proposed and shall become
19		-	12 valid as a part of the Constitution when all requirements of
20		-	13 this act are fulfilled:
21		-	14 PROPOSED AMENDMENT
22		-	15 (a) This amendment shall apply only in Jefferson
23		-	16 County and Tuscaloosa County.
24		-	17 (b) Any privately owned plant, property, or facility
25		-	18 used for the collection, treatment, or disposal of sewage that
26		-	19 uses, directly or through a lease or contract, public
27		-	20 rights-of-way of public roads for any part of its collection
28		-	21 or disposal system and that has residential or commercial
29		-	22 customers located in the city limits of Lake View in
30		-	23 Tuscaloosa County and Jefferson County that are billed a flat
31		-	24 service fee or fee based on water usage shall be certified and
32		-	25 regulated by the Public Service Commission, beginning January
33		-	Page 1 HB148
34		-	1 1, 2023 and ending December 31, 2027, in relation to all of
35		-	2 the customers of the entity located in the city limits of Lake
36		-	3 View in Jefferson County and Tuscaloosa County, and in the
37		-	4 unincorporated areas of Tuscaloosa County.
38		-	5 Upon ratification of this constitutional amendment
39		-	6 and contingent upon the ratification of the Constitution of
40		-	7 Alabama of 2022, the Code Commissioner shall number and place
41		-	8 this amendment as appropriate in the constitution based upon a
42		-	9 logical sequence and the particular subject or topic of the
43		-	10 amendment. In this amendment, the Code Commissioner may change
44		-	11 capitalization, spelling, and punctuation for the purpose of
45		-	12 style and uniformity; correct manifest grammatical, clerical,
46		-	13 and typographical errors; and correct incorrect
47		-	14 cross-references. When publishing the Constitution of Alabama
48		-	15 of 2022, as amended, the Code Commissioner may omit this
49		-	16 instructional paragraph.
50		-	17 Section 2. An election upon the proposed amendment
51		-	18 shall be held in accordance with Section 284.01 of the
52		-	19 Constitution of Alabama of 1901, now appearing as Section
53		-	20 284.01 of the Official Recompilation of the Constitution of
54		-	21 Alabama of 1901, as amended, and the election laws of this
55		-	22 state.
56		-	23 Section 3. The appropriate election official shall
57		-	24 assign a ballot number for the proposed constitutional
58		-	25 amendment on the election ballot and shall set forth the
59		-	Page 2 HB148
60		-	1 following description of the substance or subject matter of
61		-	2 the proposed constitutional amendment:
62		-	3 "Relating to Jefferson County and Tuscaloosa County,
63		-	4 proposing an amendment to the Constitution of Alabama of 1901,
64		-	5 to bring certain privately owned sewer systems that use public
65		-	6 rights-of-way of public roads in the city limits of Lake View
66		-	7 under the jurisdiction of the Public Service Commission,
67		-	8 beginning January 1, 2023 and ending December 31, 2027.
68		-	9 "Proposed by Act _________"
69		-	10 This description shall be followed by the following
70		-	11 language:
71		-	12 "Yes ( ) No ( )."
72		-	Page 3 HB148
73		-	1
	7	+	Page 0 1 216374-1:n:01/13/2022:FC/ma LSA2022-178
74	8		2
75	9		3
76	10		4
77		-	Speaker of the House of Representatives
78		-
79	11		5
80		-	6 President and Presiding Officer of the Senate
81		-	House of Representatives7
82		-	I hereby certify that the within Act originated in8
83		-	9 and was passed by the House 24-FEB-22.
84		-	10
85		-	11 Jeff Woodard
86		-	12 Clerk
87		-	13
88		-	14
89		-	Senate15 07-APR-22 Amended and Passed
90		-	House16 07-APR-22
91		-	Concurred in Sen-
92		-	ate Amendment
93		-	17
94		-	Page 4
	12	+	6
	13	+	7
	14	+	8 SYNOPSIS: Under existing law, privately owned sewer
	15	+	9 systems, with certain exceptions, are regulated by
	16	+	10 the Alabama Department of Environmental Management
	17	+	11 with regard to sewage treatment, but are not
	18	+	12 regulated by the Public Service Commission with
	19	+	13 regard to rates and consumer protection.
	20	+	14 This bill proposes a local constitutional
	21	+	15 amendment for Tuscaloosa County, to bring certain
	22	+	16 privately owned sewer systems that use public
	23	+	17 rights-of-way of public roads in the city limits of
	24	+	18 Lake View under the jurisdiction of the Public
	25	+	19 Service Commission.
	26	+	20
	27	+	21 A BILL
	28	+	22 TO BE ENTITLED
	29	+	23 AN ACT
	30	+	24
	31	+	25 To propose a local constitutional amendment to the
	32	+	26 Constitution of Alabama of 1901, for Tuscaloosa County,
	33	+	27 relating to privately owned sewer systems; to bring certain
	34	+	Page 1 1 privately owned sewer systems that use public rights-of-way of
	35	+	2 public roads in the city limits of Lake View under the
	36	+	3 jurisdiction of the Public Service Commission.
	37	+	4 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	38	+	5 Section 1. The following amendment to the
	39	+	6 Constitution of Alabama of 1901, is proposed and shall become
	40	+	7 valid as a part of the Constitution when all requirements of
	41	+	8 this act are fulfilled:
	42	+	9 PROPOSED AMENDMENT
	43	+	10 (a) This amendment shall apply only in Tuscaloosa
	44	+	11 County.
	45	+	12 (b) Any privately owned plant, property, or facility
	46	+	13 used for the collection, treatment, or disposal of sewage that
	47	+	14 uses, directly or through a lease or contract, public
	48	+	15 rights-of-way of public roads for any part of its collection
	49	+	16 or disposal system and that has residential or commercial
	50	+	17 customers located in the city limits of Lake View in
	51	+	18 Tuscaloosa County that are billed a flat service fee or fee
	52	+	19 based on water usage shall be certified and regulated by the
	53	+	20 Public Service Commission in relation to all of the customers
	54	+	21 of the entity located in the city limits of Lake View and in
	55	+	22 the unincorporated areas of Tuscaloosa County.
	56	+	23 Upon ratification of this constitutional amendment
	57	+	24 and contingent upon the ratification of the Constitution of
	58	+	25 Alabama of 2022, the Code Commissioner shall number and place
	59	+	26 this amendment as appropriate in the constitution based upon a
	60	+	27 logical sequence and the particular subject or topic of the
	61	+	Page 2 1 amendment. In this amendment, the Code Commissioner may change
	62	+	2 capitalization, spelling, and punctuation for the purpose of
	63	+	3 style and uniformity; correct manifest grammatical, clerical,
	64	+	4 and typographical errors; and correct incorrect
	65	+	5 cross-references. When publishing the Constitution of Alabama
	66	+	6 of 2022, as amended, the Code Commissioner may omit this
	67	+	7 instructional paragraph.
	68	+	8 Section 2. An election upon the proposed amendment
	69	+	9 shall be held in accordance with Section 284.01 of the
	70	+	10 Constitution of Alabama of 1901, now appearing as Section
	71	+	11 284.01 of the Official Recompilation of the Constitution of
	72	+	12 Alabama of 1901, as amended, and the election laws of this
	73	+	13 state.
	74	+	14 Section 3. The appropriate election official shall
	75	+	15 assign a ballot number for the proposed constitutional
	76	+	16 amendment on the election ballot and shall set forth the
	77	+	17 following description of the substance or subject matter of
	78	+	18 the proposed constitutional amendment:
	79	+	19 "Relating to Tuscaloosa County, proposing an
	80	+	20 amendment to the Constitution of Alabama of 1901, to bring
	81	+	21 certain privately owned sewer systems that use public
	82	+	22 rights-of-way of public roads in the city limits of Lake View
	83	+	23 under the jurisdiction of the Public Service Commission.
	84	+	24 "Proposed by Act _________"
	85	+	25 This description shall be followed by the following
	86	+	26 language:
	87	+	27 "Yes ( ) No ( )."
	88	+	Page 3 Page 4