HB318 Alabama 2021 Session

Summary

Primary Sponsor

Kerry Rich

Republican

Session

Regular Session 2021

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

HB318 would stop the requirement to transfer unused Onsite Wastewater Board funds to the State General Fund and raise penalties and cost recovery for violations.

What This Bill Does

It deletes the rule that unspent and unencumbered funds above 25% of the board's prior-year budget must be transferred to the State General Fund. It increases the maximum administrative fine per violation from $1,000 to $5,000 and allows the board to recover actual court costs from violators. It also notes that these changes are treated as not triggering local-funding requirements under Amendment 621 because they involve changes to crime definitions.

Who It Affects

• Licensees and businesses that manufacture, install, service, or maintain onsite wastewater systems, who could face higher fines and must pay court costs for violations.
• The Alabama Onsite Wastewater Board and its regulatory operations, which would have different funding rules (no required transfer of excess funds) and expanded enforcement tools including cost recovery.

Key Provisions

• Deletes the end-of-year transfer requirement of unspent/unencumbered funds exceeding 25% of the board's prior-year budget to the State General Fund.
• Raises the administrative fine cap for violations from $1,000 to $5,000 per violation.
• Authorizes the board to recover actual court costs incurred as a result of violations of this chapter or related rules.
• Provides that these changes are excluded from Amendment 621 local-funding requirements due to involving changes in crime definitions.

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