AL
Alabama Senate Bill SB311

Alabama 2025 Regular Session

Alabama Senate Bill SB311 Compare Versions

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55 By Senators Carnley, Orr, Sessions, Williams, Butler, Bell,
66 Waggoner, Kitchens, Allen, Gudger, Stutts, Barfoot, Kelley,
77 Smitherman, Singleton
88 RFD: Fiscal Responsibility and Economic Development
99 First Read: 08-Apr-25
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16-7 SB311 Enrolled
16+7 SB311 Engrossed
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1818 First Read: 08-Apr-25
19-Enrolled, An Act,
19+A BILL
20+TO BE ENTITLED
21+AN ACT
2022 Relating to public highways; to amend Section 23-1-4,
2123 Code of Alabama 1975, to further provide for the issuance of a
2224 permit for access to certain state rights-of-way on public
2325 highways; to provide certain permit processing deadlines for
2426 applications by electric providers; and to authorize
2527 associated condemnation actions to be expedited.
2628 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
2729 Section 1. Section 23-1-4, Code of Alabama 1975, is
2830 amended to read as follows:
2931 "ยง23-1-4
3032 (a) The Legislature of Alabama finds and declares the
3133 following:
3234 (1) Electric transmission infrastructure is critical to
3335 the economic growth and well-being of this state and Alabama
3436 has an immediate need to expand and facilitate such investment
3537 for the benefit of its residents.
3638 (2) Public rights-of-way provide essential corridors
3739 and paths for electric transmission infrastructure.
3840 (3) Prompt issuance of permits for electric
3941 transmission infrastructure of electric providers in public
40-rights-of-way will provide the needed support to industrial
41-growth, job creation, and economic development, particularly
42-in rural and underserved areas.
43-(b) No state-controlled road shall be dug up or used
44-for laying pipelines, pole lines, sewers, railways, or for
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71+transmission infrastructure of electric providers in public
72+rights-of-way will provide the needed support to industrial
73+growth, job creation, and economic development, particularly
74+in rural and underserved areas.
75+(b) No state-controlled road shall be dug up or used
7476 for laying pipelines, pole lines, sewers, railways, or for
7577 other similar purposes without the written permit of the State
7678 Department of Transportation, and such the work shall be done
7779 only in accordance with the regulations prescribed by the
7880 department, and the.
7981 (c) The permittee shall pay the cost of replacing the
8082 road in as good condition as it was before such the permitted
8183 work was done shall be paid by the person, firm, or
8284 corporation to whom or in whose behalf such permit was given .
8385 Such person, firm, or corporation so desiring such work An
8486 applicant for a permit under this section shall furnish the
8587 state with a cash deposit or certified check upon a solvent
8688 bank or surety bond in from a guaranty company qualified to do
8789 business in Alabama, in the amount required by the State
8890 Department of Transportation department, conditioned that the
8991 sum is to be forfeited to the state in the event that said the
9092 road is not placed in as good condition as it was prior to
9193 said the permitted work being done, within 15 business days
9294 from the time saidthe permitted work is completed.
9395 (d)(1) Upon the receipt of an application of an
9496 electric provider for a permit relating to electric
9597 transmission facilities, the department shall determine
9698 whether the application is complete. If the application is not
9799 complete, the department, within 14 business days after
98-receiving the application, shall respond to the applicant in
99-writing with a description of any deficiency in the
100-application.
101-(2) Within 35 business days after receiving from an
102-electric provider a completed application for a permit
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129+complete, the department, within 14 business days after
130+receiving the application, shall respond to the applicant in
131+writing with a description of any deficiency in the
132+application.
133+(2) Within 35 business days after receiving from an
132134 electric provider a completed application for a permit
133135 relating to electric transmission facilities, the department
134136 shall approve or deny the application; provided, however, the
135137 department may exercise a one-time, 10-business-day extension
136138 for its consideration of the application for a permit upon
137139 written notice to the applicant.
138140 (3) Unless waived by the applicant, if the department
139141 fails to approve or deny the application for a permit within
140142 the required period under subdivision (2), the requested
141143 permit shall be deemed approved by the department upon the
142144 posting of the deposit or bond required by subsection (c).
143145 (4) In the event that the application for a permit is
144146 denied, the applicant, within 10 business days, may request
145147 review by the director, in which event the director, within 10
146148 business days, shall render a decision in writing either
147149 affirming or reversing the permit denial, along with the
148150 reasons for any permit denial.
149151 (e) Nothing in this section shall be construed to
150152 require the department to acquire rights-of-way to accommodate
151153 an electric provider's electric transmission facilities.
152154 (f)(1) For purposes of this section, "electric
153155 provider" has the same meaning as provided in Section 37-16-3.
154156 The term includes the Tennessee Valley Authority and includes
155157 an authority as defined in Section 11-50A-1.
156-(2) For purposes of this section, "electric
157-transmission facilities" means facilities distributing or
158-transmitting electricity at voltages of 40,000 volts or
159-greater."
160-Section 2. In any condemnation action tangential to an
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187+an authority as defined in Section 11-50A-1.
188+(2) For purposes of this section, "electric
189+transmission facilities" means facilities distributing or
190+transmitting electricity at voltages of 40,000 volts or
191+greater."
190192 Section 2. In any condemnation action tangential to an
191193 application for a permit under Section 23-1-4, Code of Alabama
192194 1975, on motion from the plaintiff, the circuit court shall
193195 enter an order assigning the case to the expedited track and
194196 shall ensure resolution as expeditiously as feasible.
195197 Section 3. This act shall become effective on October
196198 1, 2025.
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205-________________________________________________
206-President and Presiding Officer of the Senate
207-________________________________________________
208-Speaker of the House of Representatives
209-SB311
210-Senate 24-Apr-25
211-I hereby certify that the within Act originated in and passed
212-the Senate, as amended.
213-Patrick Harris,
214-Secretary.
215-House of Representatives
216-Passed: 01-May-25
217-By: Senator Carnley
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211+1, 2025.
212+Senate
213+Read for the first time and referred
214+to the Senate committee on Fiscal
215+Responsibility and Economic
216+Development
217+................08-Apr-25
218+Read for the second time and placed
219+on the calendar:
220+ 0 amendments
221+................22-Apr-25
222+Read for the third time and passed
223+as amended
224+Yeas 29
225+Nays 1
226+Abstains 0
227+................24-Apr-25
228+Patrick Harris,
229+Secretary.
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