HB318 Alabama 2021 Session

Under existing law, the Alabama Onsite Wastewater Board is responsible for examining, licensing, and regulating persons engaged in the manufacture, installation, or servicing of onsite sewage systems in the state

This bill would delete the requirement that the board transfer certain unspent and unencumbered funds in the Alabama Onsite Wastewater Board Fund to the State General Fund at the end of each fiscal year

This bill would increase the maximum administrative fine the board may impose for a violation of law or rule of the board or the Alabama Department of Public Health and would allow the board to recover actual court costs sustained as the result of a violation

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 34-21A-6 and 34-21A-25, Code of Alabama 1975, relating to the Alabama Onsite Wastewater Board; to delete the requirement that the board transfer certain funds to the State General Fund at the end of each fiscal year; to increase the maximum fine allowed for violations from $1,000 to $5,000 per violation; to authorize the board to recover actual court costs sustained as the result of a violation; and in connection therewith would have as its purpose of effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.