HB 467

Under existing law, privately owned sewer systems, with certain exceptions, are regulated by the Alabama Department of Environmental Management with regard to sewage treatment, but are not regulated by the Public Service Commission with regard to rates and consumer protection

This bill proposes a local constitutional amendment for Shelby County, to bring certain privately owned sewer systems that use public rights-of-way of public roads under the jurisdiction of the Public Service Commission

To propose a local constitutional amendment to the Constitution of Alabama of 1901, for Shelby County, relating to privately owned sewer systems; to bring certain privately owned sewer systems that use public rights-of-way of public roads under the jurisdiction of the Public Service Commission.

Section 1

The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled: PROPOSED AMENDMENT (a) This amendment shall apply only in Shelby County. (b) Any privately owned plant, property, or facility for the collection, treatment, or disposal of sewage that uses, directly or through a lease or contract, public rights-of-way of public roads for any part of its collection or disposal system, that discharges to a Grade III or higher wastewater treatment facility as classified by the Alabama Department of Environmental Management, and that has residential or commercial customers that are billed a flat service fee or fee based on water usage shall be certified and regulated by the Public Service Commission. Implementation of this amendment, whether gradual or at one time, shall be determined by the commission.

Section 2

An election upon the proposed amendment shall be held in accordance with Sections 284 and 284.01 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

Relating to Shelby County, proposing an amendment to the Constitution of Alabama of 1901, to bring certain privately owned sewer systems that use public rights-of-way of public roads under the jurisdiction of the Public Service Commission.

Proposed by Act _________" This description shall be followed by the following language:

Yes ( ) No ( )."