1 HB148
2 216374-2
3 By Representative Wingo (Constitutional Amendment)
4 RFD: Economic Development and Tourism
5 First Read: 13-JAN-22
Page 0 HB148
1
2 ENROLLED, An Act,
3 To propose a local constitutional amendment to the
4 Constitution of Alabama of 1901, for Jefferson County and
5 Tuscaloosa County, relating to privately owned sewer systems;
6 to bring certain privately owned sewer systems that use public
7 rights-of-way of public roads in the city limits of Lake View
8 under the jurisdiction of the Public Service Commission.
9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
10 Section 1. The following amendment to the
11 Constitution of Alabama of 1901, is proposed and shall become
12 valid as a part of the Constitution when all requirements of
13 this act are fulfilled:
14 PROPOSED AMENDMENT
15 (a) This amendment shall apply only in Jefferson
16 County and Tuscaloosa County.
17 (b) Any privately owned plant, property, or facility
18 used for the collection, treatment, or disposal of sewage that
19 uses, directly or through a lease or contract, public
20 rights-of-way of public roads for any part of its collection
21 or disposal system and that has residential or commercial
22 customers located in the city limits of Lake View in
23 Tuscaloosa County and Jefferson County that are billed a flat
24 service fee or fee based on water usage shall be certified and
25 regulated by the Public Service Commission, beginning January
Page 1 HB148
1 1, 2023 and ending December 31, 2027, in relation to all of
2 the customers of the entity located in the city limits of Lake
3 View in Jefferson County and Tuscaloosa County, and in the
4 unincorporated areas of Tuscaloosa County.
5 Upon ratification of this constitutional amendment
6 and contingent upon the ratification of the Constitution of
7 Alabama of 2022, the Code Commissioner shall number and place
8 this amendment as appropriate in the constitution based upon a
9 logical sequence and the particular subject or topic of the
10 amendment. In this amendment, the Code Commissioner may change
11 capitalization, spelling, and punctuation for the purpose of
12 style and uniformity; correct manifest grammatical, clerical,
13 and typographical errors; and correct incorrect
14 cross-references. When publishing the Constitution of Alabama
15 of 2022, as amended, the Code Commissioner may omit this
16 instructional paragraph.
17 Section 2. An election upon the proposed amendment
18 shall be held in accordance with Section 284.01 of the
19 Constitution of Alabama of 1901, now appearing as Section
20 284.01 of the Official Recompilation of the Constitution of
21 Alabama of 1901, as amended, and the election laws of this
22 state.
23 Section 3. The appropriate election official shall
24 assign a ballot number for the proposed constitutional
25 amendment on the election ballot and shall set forth the
Page 2 HB148
1 following description of the substance or subject matter of
2 the proposed constitutional amendment:
3 "Relating to Jefferson County and Tuscaloosa County,
4 proposing an amendment to the Constitution of Alabama of 1901,
5 to bring certain privately owned sewer systems that use public
6 rights-of-way of public roads in the city limits of Lake View
7 under the jurisdiction of the Public Service Commission,
8 beginning January 1, 2023 and ending December 31, 2027.
9 "Proposed by Act _________"
10 This description shall be followed by the following
11 language:
12 "Yes ( ) No ( )."
Page 3 HB148
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Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
House of Representatives7
I hereby certify that the within Act originated in8
9 and was passed by the House 24-FEB-22.
10
11 Jeff Woodard
12 Clerk
13
14
Senate15 07-APR-22 Amended and Passed
House16 07-APR-22
Concurred in Sen-
ate Amendment
17
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