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HB305 Alabama 2010 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Terry Spicer
Terry Spicer
Democrat
Co-Sponsor
Alan Boothe
Session
Regular Session 2010
Title
Transportation Department, utility relocation expenses related to highways not part of national interstate or defense highways, gross income of utilities eligible for reimbursement increased, Sec. 23-1-5 am'd.
Summary

HB305 changes how Alabama pays for utility relocations related to highway construction by expanding eligibility for state reimbursements on non-interstate projects and clarifying definitions of utilities and relocation costs.

What This Bill Does

For interstate highway projects, the state may reimburse relocation costs if federal reimbursement is available, with any difference reconciled after federal audit. For non-interstate projects, relocation is generally at the utility's expense, but utilities with gross income within certain ranges (roughly $200 million to $250 million, or less, in the preceding year or first year of operation for new utilities, or certain corporate structures) can have the state pay the relocation costs as part of construction, with repayment after the federal audit. The Act also allows the Transportation Director to contract with utilities and defines key terms like 'utility' and 'cost of relocation.'

Who It Affects
  • Utilities owning or operating utility facilities that are affected by highway construction; their relocation costs and eligibility for state reimbursement change depending on whether the project is on the interstate system or not and on the utility's gross income and corporate structure.
  • Alabama Department of Transportation and the state's funding/audit processes; they manage reimbursements, track federal participation, require documentation, and handle repayments after audits.
Key Provisions
  • Interstate projects: relocation costs may be paid by the state as part of construction costs if eligible for federal reimbursement, with repayment by the utility after the final federal audit for any difference.
  • Non-interstate projects: relocation costs are generally the utility's responsibility, but the state will pay for eligible utilities with gross income in specified ranges (e.g., $200M–$250M or less in the preceding year or first year of operation for new utilities, or certain corporate structures) as part of construction, with repayment after the federal audit of any difference.
  • The Director of Transportation may contract with utilities to implement the section and align existing contracts.
  • Definitions: 'utility' includes public, private, and cooperative utilities; each wholly owned subsidiary is treated as a separate utility; 'cost of relocation' includes all amounts paid by the utility attributable to relocation minus increases in value of the new facility and salvage value of the old facility; 'national system of interstate and defense highways' refers to the national interstate system.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Transportation Department

Bill Actions

Forwarded to Governor on April 1, 2010 at 2:10 p.m.

Assigned Act No. 2010-390 on 04/08/2010.

Clerk of the House Certification

Enrolled

Signature Requested

Second House Concurs in Executive Amendment

Mitchell motion to Concur In and Adopt adopted Roll Call 616

House of Origin Concurs in Executive Amendment

Boothe motion to Concur In and Adopt adopted Roll Call 682

Executive Amendment Offered

Forwarded to Governor

Clerk of the House Certification

Signature Requested

Enrolled

Concurred in Second House Amendment

Boothe motion to Concur In and Adopt adopted Roll Call 550

Concurrence Requested

Motion to Read a Third Time and Pass adopted Roll Call 476

Motion to Adopt adopted Roll Call 475

Governmental Affairs Amendment Offered

Third Reading Passed

Read for the second time and placed on the calendar 1 amendment

Read for the first time and referred to the Senate committee on Governmental Affairs

Motion to Read a Third Time and Pass adopted Roll Call 168

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on Government Operations

Bill Text

Votes

Motion to Read a Third Time and Pass

February 2, 2010 House Passed
Yes 95
Absent 8

Boothe motion to Concur In and Adopt

March 25, 2010 House Passed
Yes 85
Abstained 5
Absent 13

Mitchell motion to Concur In and Adopt

April 1, 2010 Senate Passed
Yes 24
Absent 11

Documents

Source: Alabama Legislature