HB95 Alabama 2020 Session

Updated Feb 22, 2026

Summary

Primary Sponsor: Kerry Rich
Republican
Session: Regular Session 2020
Title: Onsite Wastewater Board, requirement of annual transfer of unencumbered funds to State Gen. Fund deleted, administrative fines increased, Secs. 34-21A-6, 34-21A-25 am'd.
Summary: The bill changes funding and penalties for the Alabama Onsite Wastewater Board by stopping annual transfers of unused funds to the General Fund, raising fines, and allowing recovery of court costs.
What This Bill Does
It ends the requirement to transfer unspent and unencumbered funds above 25% of the board's prior-year budget to the State General Fund. It lifts the maximum administrative fine from $1,000 to $5,000 per violation and allows the board to recover actual court costs. It keeps funds in the Alabama Onsite Wastewater Board Fund for board operations and states that the act is exempt from certain local-funding requirements under Amendment 621 because it defines a crime or amends its definition. It also sets an effective date for the act.

Who It Affects
The Alabama Onsite Wastewater Board (funds stay in its dedicated fund and enforcement powers increase).
Licensees and businesses regulated by the board (potentially higher fines up to $5,000 per violation and payment of court/hearing costs).
State General Fund (revenue impact: would no longer receive end-of-year transfers of excess board funds).

Key Provisions
Amends Sections 34-21A-6 and 34-21A-25 to establish and control the Alabama Onsite Wastewater Board Fund and its use.
Deletes the requirement to transfer unspent and unencumbered funds above 25% of the previous year's budget to the State General Fund at fiscal year end.
Raises the administrative fine cap from $1,000 to $5,000 per violation and authorizes the board to recover actual court costs and hearing costs related to violations.
Allows the board to issue cease-and-desist orders and recover interest and costs of hearings in enforcement actions.
Section 2 clarifies the bill's relation to Amendment 621, stating it is excluded from local-fund expenditure requirements because it defines a new crime or amends existing crime definitions.
Section 3 specifies the act becomes effective on the first day of the third month following passage and Governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Boards and Commissions