SB355 Alabama 2014 Session

Summary

Primary Sponsor

Cam Ward

Republican

Session

Regular Session 2014

Title

Municipalities, storm sewer system, regulation, Sec. 11-89C-15 added; Secs. 11-89C-1, 11-89C-2, 11-89C-4, 11-89C-9, 11-89C-10 am'd.

Summary

SB355 lets Alabama counties and municipalities regulate storm water discharges through local governance and optional public corporations, while shifting primary permitting duties to the state and creating a funding mechanism.

What This Bill Does

It authorizes local governing bodies to carry out storm sewer program requirements and to form intercooperative public corporations to help meet federal and state storm water laws. It limits local program scope to sites discharging into municipal storm sewers and requires reliance on ADEM for permitting and enforcement to avoid double regulation, while recognizing EPA's maximum extent practicable standard. It creates a framework for fees and assessments to fund local programs, with revenue sharing to the Department of Revenue and ADEM, and provides enforcement options and penalties. It also requires ADEM to update regulations within a year and for governing bodies to come into compliance within 90 days after those updates.

Who It Affects

• Local governing bodies (counties and municipalities) and any public corporation they join or form to run storm water programs; they may levy fees, adopt rules, establish budgets, and enforce compliance.
• Property owners (residential and commercial) within those jurisdictions; they may be charged fees/assessments for storm water management, have those fees collected by local tax officials, and face liens and penalties for nonpayment, with certain exemptions.

Key Provisions

• Authorizes governing bodies to implement storm water laws and to form intercooperative public corporations to carry out the program.
• Limits the substantive scope of local storm water programs to sites discharging into municipal storm sewer systems and requires reliance on ADEM for permitting and enforcement to avoid double regulation; aligns with EPA standards, including the maximum extent practicable.
• Establishes a public corporation structure with a governing board, powers to hire, contract, own property, build and operate storm water facilities, enforce rules, sue or be sued, and set participant fees to fund operations.
• Allows governing bodies and public corporations to levy fees and assessments on residential and commercial properties, with specified caps and collection methods, including incentives for pollution-reduction investments.
• Creates a revenue flow where the tax assessor/collector collects fees, with 2% to counties, and 5% of collections to the Department of Revenue; 95% of funds go to the State Treasury for ADEM to use for storm water programs, while 5% is kept by Revenue as admin.
• Exempts discharges from lands/facilities owned by commission non-jurisdictional electric suppliers from local regulation and requires ADEM to regulate them exclusively.
• Requires ADEM to revise applicable regulations within 365 days and bring NPDES permits into conformity; governing bodies and public corporations must comply within 90 days after ADEM completes the revisions.
• Provides public hearing and notice requirements for rulemaking by the public corporation and ensures rules require a two-thirds vote of the corporation’s board for adoption, with related reporting.
• Allows enforcement and penalties at the local level, plus civil suits for damages or injunctive relief, and grants immunity to officials for certain investigative actions.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Municipalities