SB49 Alabama 2021 Session

Summary

Primary Sponsor

Clyde ChamblissSenator

Republican

Session

Regular Session 2021

Title

Utilities, counties, municipalities, authorities, transfer or use of public funds, for repair or replacement of private sewer laterals, authorized, recovery provided

Summary

SB49 allows counties, municipalities, and related authorities to use public funds to repair or replace private sewer laterals that threaten public health, recover the costs from the property owner through their utility bill, and require restoring the property to its original condition after repair.

What This Bill Does

If a private sewer lateral endangers public health and the property owner cannot pay, a local government may use public funds to fix it after the owner requests help and certifies financial hardship, and a resolution finds the repair serves a public purpose. The actual repair or replacement cost is recovered by prorating charges on the owner’s utility bill, with terms set in the resolution and by mutual agreement. The government is not the owner of the lateral and is not obligated to perform other duties unless the local body adopts a resolution accepting those duties, and the property must be restored to its pre-repair condition.

Who It Affects

• Property owners who have a private sewer lateral contributing to a serious health or public safety threat and who cannot afford repairs may receive public funds to repair or replace the lateral, with costs recovered via their utility bill.
• Local governments (counties, municipalities, districts, or authorities) that may use public funds for these repairs, recover costs from property owners, and must ensure the property is restored to its original condition.

Key Provisions

• Allows use of public funds to repair or replace a private sewer lateral upon a written request from the property owner certifying financial inability and after a resolution determines the repair serves a public purpose, with cost recovery by prorating the cost on the owner's utility bill and terms mutually agreed in the resolution.
• Requires restoration of the property to its condition before the repair; defines 'private sewer lateral' as a private property sewer line that connects to the public sewer system and excludes portions inside a building's foundation; the entity is not the owner of the lateral and is not obligated to take on other duties unless a resolution accepts them.
• Affirms the use of public funds for this public health purpose is lawful and not considered lending of credit to private individuals; effective date is the first day of the third month after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Utilities