Alabama 2022 Regular Session

Alabama Senate Bill SB305 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 SB305
2		-	2 218220-2
	2	+	2 218220-1
3	3		3 By Senator Elliott
4	4		4 RFD: Transportation and Energy
5	5		5 First Read: 09-MAR-22
6	6
7		-	Page 0 SB305
8		-	1 SB305
	7	+	Page 0 1 218220-1:n:03/08/2022:CMH/bm LSA2022-697
9	8		2
10	9		3
11		-	4 ENROLLED, An Act,
12		-	5 Relating to utilities; to provide certain
13		-	6 requirements on the use of portable electrical generators; to
14		-	7 provide criminal penalties for a violation; and in connection
15		-	8 therewith would have as its purpose or effect the requirement
16		-	9 of a new or increased expenditure of local funds within the
17		-	10 meaning of Amendment 621 of the Constitution of Alabama of
18		-	11 1901, as amended by Amendment 890, now appearing as Section
19		-	12 111.05 of the Official Recompilation of the Constitution of
20		-	13 Alabama of 1901, as amended.
21		-	14 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
22		-	15 Section 1. (a) The Legislature finds and declares
23		-	16 the following:
24		-	17 (1) It is the intent of the Legislature in enacting
25		-	18 this section to prevent electricity generated by permanent or
26		-	19 portable electric generators used by persons from back-feeding
27		-	20 into an electrical distribution system causing possible bodily
28		-	21 injury and harm, including death, and property damage.
29		-	22 (2) The Legislature finds that every year in the
30		-	23 State of Alabama the use of permanent or portable electric
31		-	24 generators to supply power, unless appropriate safeguards are
32		-	25 used, creates extremely hazardous conditions from back-feeding
33		-	Page 1 SB305
34		-	1 electric current onto electrical distribution systems of the
35		-	2 electric supplier, as defined under Section 37-14-31, Code of
36		-	3 Alabama 1975, to which the homes or businesses are connecting,
37		-	4 causing death, bodily injury, and property damage.
38		-	5 (3) The Legislature further finds that the dangers
39		-	6 created by such portable or permanent generators may be
40		-	7 mitigated for the benefit of all, including the owner of the
41		-	8 electric generator, by enacting certain safety standards to
42		-	9 mitigate the possible bodily injury, death, or property
43		-	10 damage.
44		-	11 (b) In order to prevent back-feeding electricity
45		-	12 onto the electric distribution system of the electric
46		-	13 supplier, a portable electric generator that is capable of
47		-	14 being connected directly into the electrical system of a
48		-	15 commercial, industrial, or residential structure may only be
49		-	16 connected and used if the structure's electrical system and
50		-	17 the electricity generated by the generator are isolated, at
51		-	18 the main breaker panel of the structure, from the electrical
52		-	19 distribution system.
53		-	20 (c)(1) This section does not apply to any electric
54		-	21 generator that is capable of being permanently connected to
55		-	22 the electrical system of a commercial, industrial, or
56		-	23 residential structure by way of a transfer switch or other
57		-	24 mechanism, as approved by the applicable electric supplier, so
58		-	25 that the electricity generated by the generator is prevented
59		-	Page 2 SB305
60		-	1 from back-feeding onto the electric distribution system of the
61		-	2 electric supplier, except as authorized by the applicable
62		-	3 electric supplier.
63		-	4 (2) This section does not apply to a permanently
64		-	5 connected generator that runs in parallel with the electric
65		-	6 distribution system of an electric supplier or the electrical
66		-	7 system of a structure and is approved by the applicable
67		-	8 electric supplier.
68		-	9 (3) This section does not apply to a permanently
69		-	10 connected energy storage system that receives energy from a
70		-	11 generator or the applicable electric supplier, is capable of
71		-	12 running in parallel with the electric distribution system of
72		-	13 the electric supplier or the electrical system of a structure,
73		-	14 and is approved by the applicable electric supplier.
74		-	15 (d) A person who violates this section shall be
75		-	16 guilty of a Class C misdemeanor.
76		-	17 (e)(1) As used in this section, the term "electric
77		-	18 supplier" has the same meaning as provided under Section
78		-	19 37-14-31, Code of Alabama 1975.
79		-	20 (2) As used in this section, the term "generator"
80		-	21 means a facility owned and operated by a customer of an
81		-	22 electric supplier for the production of electrical energy,
82		-	23 that is capable of transmitting electrical energy to the
83		-	24 electric distribution system of the electric supplier at any
84		-	Page 3 SB305
85		-	1 time, and that is intended primarily to offset part or all of
	10	+	4
	11	+	5
	12	+	6
	13	+	7
	14	+	8 SYNOPSIS: This bill would require any portable
	15	+	9 electrical generator to be connected in such a
	16	+	10 manner as to prevent back-feeding electricity onto
	17	+	11 the electrical distribution system and would
	18	+	12 provide criminal penalties for a violation.
	19	+	13 Amendment 621 of the Constitution of Alabama
	20	+	14 of 1901, as amended by Amendment 890, now appearing
	21	+	15 as Section 111.05 of the Official Recompilation of
	22	+	16 the Constitution of Alabama of 1901, as amended,
	23	+	17 prohibits a general law whose purpose or effect
	24	+	18 would be to require a new or increased expenditure
	25	+	19 of local funds from becoming effective with regard
	26	+	20 to a local governmental entity without enactment by
	27	+	21 a 2/3 vote unless: it comes within one of a number
	28	+	22 of specified exceptions; it is approved by the
	29	+	23 affected entity; or the Legislature appropriates
	30	+	24 funds, or provides a local source of revenue, to
	31	+	25 the entity for the purpose.
	32	+	26 The purpose or effect of this bill would be
	33	+	27 to require a new or increased expenditure of local
	34	+	Page 1 1 funds within the meaning of the amendment. However,
	35	+	2 the bill does not require approval of a local
	36	+	3 governmental entity or enactment by a 2/3 vote to
	37	+	4 become effective because it comes within one of the
	38	+	5 specified exceptions contained in the amendment
	39	+	6
	40	+	7 A BILL
	41	+	8 TO BE ENTITLED
	42	+	9 AN ACT
	43	+	10
	44	+	11 Relating to utilities; to provide certain
	45	+	12 requirements on the use of portable electrical generators; to
	46	+	13 provide criminal penalties for a violation; and in connection
	47	+	14 therewith would have as its purpose or effect the requirement
	48	+	15 of a new or increased expenditure of local funds within the
	49	+	16 meaning of Amendment 621 of the Constitution of Alabama of
	50	+	17 1901, as amended by Amendment 890, now appearing as Section
	51	+	18 111.05 of the Official Recompilation of the Constitution of
	52	+	19 Alabama of 1901, as amended.
	53	+	20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	54	+	21 Section 1. (a) The Legislature finds and declares
	55	+	22 the following:
	56	+	23 (1) It is the intent of the Legislature in enacting
	57	+	24 this section to prevent electricity generated by permanent or
	58	+	25 portable electric generators used by persons from back-feeding
	59	+	26 into an electrical distribution system causing possible bodily
	60	+	27 injury and harm, including death, and property damage.
	61	+	Page 2 1 (2) The Legislature finds that every year in the
	62	+	2 State of Alabama the use of permanent or portable electric
	63	+	3 generators to supply power, unless appropriate safeguards are
	64	+	4 used, creates extremely hazardous conditions from back-feeding
	65	+	5 electric current onto electrical distribution systems of the
	66	+	6 electric supplier, as defined under Section 37-14-31, Code of
	67	+	7 Alabama 1975, to which the homes or businesses are connecting,
	68	+	8 causing death, bodily injury, and property damage.
	69	+	9 (3) The Legislature further finds that the dangers
	70	+	10 created by such portable or permanent generators may be
	71	+	11 mitigated for the benefit of all, including the owner of the
	72	+	12 electric generator, by enacting certain safety standards to
	73	+	13 mitigate the possible bodily injury, death, or property
	74	+	14 damage.
	75	+	15 (b) In order to prevent back-feeding electricity
	76	+	16 onto the electric distribution system of the electric
	77	+	17 supplier, a portable electric generator that is capable of
	78	+	18 being connected directly into the electrical system of a
	79	+	19 commercial, industrial, or residential structure may only be
	80	+	20 connected and used if the structure's electrical system and
	81	+	21 the electricity generated by the generator are isolated, at
	82	+	22 the main breaker panel of the structure, from the electrical
	83	+	23 distribution system.
	84	+	24 (c)(1) This section does not apply to any electric
	85	+	25 generator that is capable of being permanently connected to
	86	+	26 the electrical system of a commercial, industrial, or
	87	+	27 residential structure by way of a transfer switch or other
	88	+	Page 3 1 mechanism, as approved by the applicable electric supplier, so
	89	+	2 that the electricity generated by the generator is prevented
	90	+	3 from back-feeding onto the electric distribution system of the
	91	+	4 electric supplier, except as authorized by the applicable
	92	+	5 electric supplier.
	93	+	6 (2) This section does not apply to a permanently
	94	+	7 connected generator that runs in parallel with the electric
	95	+	8 distribution system of an electric supplier or the electrical
	96	+	9 system of a structure and is approved by the applicable
	97	+	10 electric supplier.
	98	+	11 (3) This section does not apply to a permanently
	99	+	12 connected energy storage system that receives energy from a
	100	+	13 generator or the applicable electric supplier, is capable of
	101	+	14 running in parallel with the electric distribution system of
	102	+	15 the electric supplier or the electrical system of a structure,
	103	+	16 and is approved by the applicable electric supplier.
	104	+	17 (d) A person who violates this section shall be
	105	+	18 guilty of a Class C misdemeanor.
	106	+	19 (e)(1) As used in this section, the term "electric
	107	+	20 supplier" has the same meaning as provided under Section
	108	+	21 37-14-31, Code of Alabama 1975.
	109	+	22 (2) As used in this section, the term "generator"
	110	+	23 means a facility owned and operated by a customer of an
	111	+	24 electric supplier for the production of electrical energy,
	112	+	25 that is capable of transmitting electrical energy to the
	113	+	26 electric distribution system of the electric supplier at any
	114	+	Page 4 1 time, and that is intended primarily to offset part or all of
86	115		2 the customer's requirements for electricity.
87	116		3 (f) Nothing in this act affects or modifies the
88	117		4 jurisdiction of the Alabama Public Service Commission or any
89	118		5 rates or service regulations filed with the commission.
90	119		6 Section 2. Although this bill would have as its
91	120		7 purpose or effect the requirement of a new or increased
92	121		8 expenditure of local funds, the bill is excluded from further
93	122		9 requirements and application under Amendment 621, as amended
94	123		10 by Amendment 890, now appearing as Section 111.05 of the
95	124		11 Official Recompilation of the Constitution of Alabama of 1901,
96	125		12 as amended, because the bill defines a new crime or amends the
97	126		13 definition of an existing crime.
98	127		14 Section 3. This act shall become effective on the
99	128		15 first day of the third month following its passage and
100	129		16 approval by the Governor, or its otherwise becoming law.
101		-	Page 4 SB305
102		-	1
103		-	2
104		-	3
105		-	4
106		-	President and Presiding Officer of the Senate
107		-
108		-	5
109		-	6 Speaker of the House of Representatives
110		-	SB3057
111		-	8 Senate 29-MAR-22
112		-	9 I hereby certify that the within Act originated in and passed
113		-	10 the Senate.
114		-	11
115		-	12 Patrick Harris,
116		-	13 Secretary.
117		-	14
118		-	15
119		-	16
120		-	17 House of Representatives
121		-	18 Passed: 05-APR-22
122		-	19
123		-	20
124		-	21 By: Senator Elliott
125	130		Page 5