SB311INTRODUCED
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SB311
11GHJZZ-1
By Senators Carnley, Orr, Sessions, Williams, Butler, Bell,
Waggoner, Kitchens, Allen, Gudger, Stutts, Barfoot, Kelley,
Smitherman, Singleton
RFD: Fiscal Responsibility and Economic Development
First Read: 08-Apr-25
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7 11GHJZZ-1 04/07/2025 CMH (L)CMH 2025-1188
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First Read: 08-Apr-25
SYNOPSIS:
Under existing law, before performing certain
work on a public road which involves laying pipelines,
pole lines, sewers, railways, or other utilities, a
permit must be obtained from the State Department of
Transportation. Additionally, the permittee must pay to
restore the road to the condition as it was before the
work was performed.
This bill would further provide for the
permitting process by establishing various processing
deadlines.
A BILL
TO BE ENTITLED
AN ACT
Relating to public highways; to amend Section 23-1-4,
Code of Alabama 1975, to further provide for the issuance of a
permit for access to certain state rights-of-way on public
highways; to provide certain permit processing deadlines; to
authorize associated condemnation actions to be expedited; and
to require the Department of Transportation to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 23-1-4, Code of Alabama 1975, is
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Section 1. Section 23-1-4, Code of Alabama 1975, is
amended to read as follows:
"ยง23-1-4
(a) The Legislature of Alabama finds and declares the
following:
(1) Electric transmission infrastructure is critical to
the economic growth and well-being of this state and Alabama
has an immediate need to expand and facilitate such investment
for the benefit of its residents.
(2) Public rights-of-way provide essential corridors
and paths for electric transmission infrastructure.
(3) Accelerating the issuance of permits for electric
transmission infrastructure in public rights-of-way will
provide the needed support to industrial growth, job creation,
and economic development, particularly in rural and
underserved areas.
(b) No state-controlled road shall be dug up or used
for laying pipelines, pole lines, sewers, railways, or for
other similar purposes without the written permit of the State
Department of Transportation, and such the work shall be done
only in accordance with the regulations prescribed rules
adopted by the department , and the.
(c) The permitee shall pay the cost of replacing the
road in as good condition as it was before such the permitted
work was done shall be paid by the person, firm, or
corporation to whom or in whose behalf such permit was given .
Such person, firm, or corporation so desiring such work In
accordance with rules adopted by the department, an applicant
for a permit under this section shall furnish the state with a
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for a permit under this section shall furnish the state with a
cash deposit or certified check upon a solvent bank or surety
bond in guaranty company qualified to do business in Alabama,
in the amount required by the State Department of
Transportationdepartment, conditioned that the sum is to be
forfeited to the state in the event that said the road is not
placed in as good condition as it was prior to said the
permitted work being done, within 15 days from the time
saidthe permitted work is completed.
(d) Upon the receipt of an application for a permit
relating to electric transmission facilities, the department
shall determine whether the application is complete. If it is
not complete, the department, within 14 calendar days of
receiving the application, shall respond to the applicant in
writing with a description of any deficiency in the
application. Within 42 calendar days of receiving a completed
application for a permit for electric transmission facilities,
the department shall approve or deny the application. Unless
waived by the applicant, if the department fails to approve or
deny the application for a permit within the required 42-day
period, the requested permit shall be deemed issued by the
department upon the posting of the deposit or bond required by
subsection (c).
(e) The department, by rule, shall establish
requirements for the application and issuance of the permit.
(f) Any electric provider that intends to construct, or
is constructing, electric transmission facilities involving
state-controlled roads may request that department
representatives meet with its employees and representatives at
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representatives meet with its employees and representatives at
least once every six months in order to update the department
on the electric provider's electric transmission development
plans, and the department representatives shall meet within a
reasonable period. "
Section 2. In any condemnation action tangential to an
application for a permit under Section 23-1-4, Code of Alabama
1975, on motion from the plaintiff, the circuit court shall
enter an order assigning the case to the expedited track and
shall ensure resolution as expeditiously as feasible.
Section 3. This act shall become effective on October
1, 2025.
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