Alabama 2025 Regular Session

Alabama Senate Bill SB231 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	SB231INTRODUCED
2	2	Page 0
3	3	SB231
4	4	I332K66-1
5	5	By Senator Allen
6	6	RFD: Transportation and Energy
7	7	First Read: 06-Mar-25
8	8	1
9	9	2
10	10	3
11	11	4
12	12	5 I332K66-1 03/06/2025 CMH (L)bm 2025-964
13	13	Page 1
14	14	First Read: 06-Mar-25
15	15	SYNOPSIS:
16	16	Under existing law, certain privately owned
17	17	sewer and wastewater systems are exempt from the
18	18	regulatory jurisdiction of the Public Service
19	19	Commission.
20	20	This bill would subject privately owned sewer
21	21	and wastewater systems of a certain size to the
22	22	regulatory jurisdiction of the Public Service
23	23	Commission regardless of the method of disposal.
24	24	A BILL
25	25	TO BE ENTITLED
26	26	AN ACT
27	27	Relating to utilities; to amend Section 22-25B-1, Code
28	28	of Alabama 1975, to subject certain privately owned sewer and
29	29	wastewater systems of a certain size to the regulation and
30	30	jurisdiction of the Alabama Public Service Commission.
31	31	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32	32	Section 1. Section 22-25B-1 of the Code of Alabama
33	33	1975, is amended to read as follows:
34	34	"§22-25B-1
35	35	For purposes of this chapter, the following terms shall
36	36	have the following meanings unless the context clearly
37	37	1
38	38	2
39	39	3
40	40	4
41	41	5
42	42	6
43	43	7
44	44	8
45	45	9
46	46	10
47	47	11
48	48	12
49	49	13
50	50	14
51	51	15
52	52	16
53	53	17
54	54	18
55	55	19
56	56	20
57	57	21
58	58	22
59	59	23
60	60	24
61	61	25
62	62	26
63	63	27
64	64	28 SB231 INTRODUCED
65	65	Page 2
66	66	have the following meanings unless the context clearly
67	67	indicates otherwise:
68	68	(1) ADEM. The Alabama Department of Environmental
69	69	Management.
70	70	(2) ADPH. The Alabama Department of Public Health.
71	71	(3) CERTIFICATE OF ECONOMIC VIABILITY. The
72	72	certification by the commission of the financial viability of
73	73	a wastewater management entity's financial viability pursuant
74	74	to this chapter.
75	75	(4) CLUSTER WASTEWATER SYSTEM. An integrated wastewater
76	76	collection system or treatment system, or both, or multiple
77	77	systems serving a single development or contiguous
78	78	developments, which collectively have a design flow of 15,000
79	79	5,000 GPD or less, and is designed and permitted for discharge
80	80	of the treated wastewater to a subsurface distribution system,
81	81	but excluding systems that discharge directly to surface
82	82	waters of the state. The system must be designed by and
83	83	certified by a licensed professional engineer to comply with
84	84	design and permit requirements established by the ADPH. The
85	85	term does not include a small-flow cluster system.
86	86	(5) COMMISSION or PSC. The Alabama Public Service
87	87	Commission.
88	88	(6) COMMUNITY WASTEWATER SYSTEMS. An integrated
89	89	wastewater collection system or treatment system, or both, or
90	90	multiple systems serving a single development or contiguous
91	91	developments or non-contiguous customers , which collectively
92	92	have a design flow of more than 15,000 5,000 GPD, and is
93	93	designed and permitted for discharge of the treated wastewater
94	94	to a subsurface distribution system, but the term specifically
95	95	29
96	96	30
97	97	31
98	98	32
99	99	33
100	100	34
101	101	35
102	102	36
103	103	37
104	104	38
105	105	39
106	106	40
107	107	41
108	108	42
109	109	43
110	110	44
111	111	45
112	112	46
113	113	47
114	114	48
115	115	49
116	116	50
117	117	51
118	118	52
119	119	53
120	120	54
121	121	55
122	122	56 SB231 INTRODUCED
123	123	Page 3
124	124	to a subsurface distribution system, but the term specifically
125	125	excludes systems that discharge directly to surface waters of
126	126	the state. The system must be designed and certified by a
127	127	licensed professional engineer to comply with the applicable
128	128	design and permit requirements established by ADEM or ADPH.
129	129	(7) CUSTOMER. A person, business, or other entity,
130	130	public or private, that is connected or eligible for
131	131	connection to a certified wastewater management entity's
132	132	wastewater system upon proper payment of cost and fees and is
133	133	subject to rates approved by the commission.
134	134	(8) DEPARTMENT. ADEM or ADPH as their jurisdiction is
135	135	applicable according to the terms of this chapter.
136	136	(9) DESIGN FLOW. The average daily flow that the
137	137	wastewater system will treat with appropriate consideration
138	138	given to maximum flow periods, equalization, and organic
139	139	loading. Flow from the same subdivision or contiguous
140	140	subdivisions or non-contiguous customers developed as a common
141	141	group of wastewater systems, shall be combined as one flow,
142	142	even if from separate systems, for the purpose of determining
143	143	whether ADEM or ADPH will permit the system.
144	144	(10) DRAFT PERMIT. A preliminary permit issued by the
145	145	department setting forth the discharge and other requirements
146	146	which will be included in the final permit that may be issued
147	147	upon compliance with department rules.
148	148	(11) DWELLING. A house, manufactured/mobile home or
149	149	house trailer, shelter, structure, or building, or portion
150	150	thereof, that is or could reasonably be expected to be
151	151	occupied in whole or in part as the home, residence, or
152	152	sleeping place of one or more persons.
153	153	57
154	154	58
155	155	59
156	156	60
157	157	61
158	158	62
159	159	63
160	160	64
161	161	65
162	162	66
163	163	67
164	164	68
165	165	69
166	166	70
167	167	71
168	168	72
169	169	73
170	170	74
171	171	75
172	172	76
173	173	77
174	174	78
175	175	79
176	176	80
177	177	81
178	178	82
179	179	83
180	180	84 SB231 INTRODUCED
181	181	Page 4
182	182	sleeping place of one or more persons.
183	183	(12) EFFLUENT. Treated wastewater.
184	184	(13) ESTABLISHMENT. A facility other than a dwelling
185	185	that is or could reasonably be expected to generate wastewater
186	186	of similar composition as a dwelling and of similar strength
187	187	of or higher strength than a dwelling.
188	188	(14) GPD. Gallons per day.
189	189	(15) PSC. The Alabama Public Service Commission.
190	190	(16)(15) SMALL-FLOW CLUSTER SYSTEM. A wastewater system
191	191	serving four or fewer dwellings, apartment units, or other
192	192	establishments whether owned by a single person or multiple
193	193	persons, including individual single-user septic tank systems
194	194	but excluding systems that discharge directly to the waters of
195	195	the state.
196	196	(17)(16) WASTEWATER. Waterborne waste of similar
197	197	composition as may be found in the typical residence or
198	198	dwelling and sometimes referred to as sewage; but not to
199	199	include wastewater generated at an industrial nonresidential
200	200	site.
201	201	(18)(17) WASTEWATER MANAGEMENT ENTITY. An entity which
202	202	exercises sole responsibility for the operation and
203	203	maintenance of one or more cluster or community wastewater
204	204	systems.
205	205	(19)(18) WASTEWATER SYSTEM. An integrated specialized
206	206	technological process for the collection, treatment,
207	207	processing, disposal, discharge, and reuse of domestic
208	208	wastewater generated by multiple dwellings or establishments,
209	209	including single structures with multiple units, sometimes
210	210	referred to as a wastewater plant."
211	211	85
212	212	86
213	213	87
214	214	88
215	215	89
216	216	90
217	217	91
218	218	92
219	219	93
220	220	94
221	221	95
222	222	96
223	223	97
224	224	98
225	225	99
226	226	100
227	227	101
228	228	102
229	229	103
230	230	104
231	231	105
232	232	106
233	233	107
234	234	108
235	235	109
236	236	110
237	237	111
238	238	112 SB231 INTRODUCED
239	239	Page 5
240	240	referred to as a wastewater plant."
241	241	Section 2. This act shall become effective on October
242	242	1, 2025.
243	243	113
244	244	114