37-14-36
Section 37-14-36 Special rules for elimination of duplication. The separate agreements listed
below which have heretofore been entered into between, or negotiated between retail electric
suppliers, have been reviewed by the legislature, determined to be in the public interest
and found not to be inconsistent with the purposes and policies set forth in this article.
In areas to which these agreements are applicable, the procedures for elimination and prevention
of duplication of electric distribution facilities set forth in these agreements shall govern.
The following agreements are therefore mandated by the State of Alabama to be applicable:
(1) Agreement between Cherokee Electric Cooperative (successor to Cherokee County Electric
Membership Corporation) and Alabama Power Company dated June 5, 1940. (2) Agreement among
the City of Bessemer, Alabama, Alabama Power Company and the Tennessee Valley Authority dated
August 12, 1971. (3) Agreement between the City of Tarrant City, Alabama...
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41-16-141
Section 41-16-141 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) ENERGY COST SAVINGS MEASURE. A training program or new facility
or existing facility alteration designed to reduce energy consumption or operating costs,
or water and other natural resources consumption, and may include one or more of the following:
a. Insulation and reduced air infiltration of the building structure including walls, ceilings,
and roofs or systems within the building. b. Storm windows or doors, caulking or weather-stripping,
multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or
door systems, additional glazing, reductions in glass area, or other window and door system
modifications that reduce energy consumption. c. Automated or computerized energy control
systems, including computer software and technical data licenses. d. Heating, ventilating,
or air conditioning system modifications or replacements. e....
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37-1-48
Section 37-1-48 Waiver by utility of terms or conditions in municipal ordinances or contracts.
Any utility accepting under the provisions of this title any rate or service regulation more
favorable to it than provided by any ordinance or contract under which it claims rights from
any municipality shall be held to waive any and all terms and conditions in such ordinance
or contracts as to rates and service regulations in its favor and to submit the same in all
respects to reasonable regulations by the state or its lawful agencies. (Acts 1920, No. 37,
p. 38; Code 1923, §9815; Code 1940, T. 48, §33.)...
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37-14-8
Section 37-14-8 Exemptions. The separate agreements listed below which have heretofore been
entered into between, or negotiated between retail electric suppliers, have been reviewed
by the legislature, determined to be in the public interest and found not to be inconsistent
with the purposes and policies set forth in this article. In areas to which these agreements
are applicable, the procedures for elimination and prevention of duplication of electric distribution
facilities set forth in these agreements shall govern. The following agreements are therefore
mandated by the State of Alabama to be applicable: (1) Agreement between Cherokee Electric
Cooperative (successor to Cherokee County Electric Membership Corporation) and Alabama Power
Company dated June 5, 1940. (2) Agreement among the City of Bessemer, Alabama, Alabama Power
Company and the Tennessee Valley Authority dated August 12, 1971. (3) Agreement between the
City of Tarrant City, Alabama and Alabama Power Company dated June...
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37-4-1
Section 37-4-1 Definitions. Unless otherwise specified, when used in this article, these terms
shall have the following meanings: (1) COMMISSION. The Alabama Public Service Commission.
(2) COMMISSIONER. A member of the commission. (3) MUNICIPALITY. Any municipal corporation
organized under the laws of this state. (4) PERSON. Such term shall mean and include individuals,
associations of individuals, firms, partnerships, companies, corporations, municipalities,
governmental agencies, their lessees, trustees, or receivers appointed by any court whatsoever,
in the singular number as well as in the plural. (5) NONUTILITY. Any federal agency, instrumentality,
or corporation, owned by the United States, and any corporation or joint stock company in
which the United States or any of its departments, establishments, or agencies, owns more
than 50 percent of the voting shares of stock of such corporation or joint stock company.
(6) SECURITIES. Such term shall mean and include stock, stock...
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40-21-54
Section 40-21-54 Electric, hydroelectric, gas, or any other public utility - Not to constitute
part of gross receipts for purposes of computation of state, county or municipal tax, etc.
The provisions of any state, county or municipal ordinance or law to the contrary notwithstanding,
the tax levied and collectible pursuant to Section 40-21-53 shall be deductible from and shall
not constitute a part of gross receipts for purposes of computing the amount due under any
state, county or municipal tax, excise, license, or fee which is based upon or measured by
the gross receipts of any person, firm, municipality, or corporation operating an electric
or hydroelectric public utility subject to the tax levied by said section. (Acts 1971, No.
1412, p. 2406, §2.)...
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22-25-14
Section 22-25-14 Failure of operator to be certified; certain operators excepted. It shall
be unlawful for any person, firm, corporation, municipal corporation, or other governmental
subdivision or agency operating a water treatment plant, water distribution system, wastewater
treatment plant, or public wastewater collection system to operate same unless the competency
of the operator to operate the plant or system is duly certified to by the director under
the provisions of this chapter. It shall also be unlawful for any person, except a trainee
as defined in Section 22-25-1, to perform the duties of an operator without being duly certified
under the provisions of this chapter. The provisions of this chapter, however, shall not be
applicable to the owner or operator of a water treatment plant, water distribution system,
wastewater treatment plant or public wastewater collection system that does not offer service
to the public generally. (Acts 1971, No. 1594, p. 2728, §15; Acts 1993,...
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37-2-89
Section 37-2-89 Railroad fences; liability for injury to stock. (a) Whenever the Public Service
Commission deems it necessary that any railroad in this state, or any portion thereof, shall
be fenced, it shall notify the person or corporation operating such railroad of their conclusion.
(b) Upon failure, after a reasonable notice, to fence such railroad or the portion thereof
designated, the person or corporation operating such railroad shall be liable in damages for
the value of any stock killed or injured upon the portion of the line so designated to be
fenced, whether with or without negligence; but if the fence is erected in conformity to the
notice, no liability shall attach for stock killed or injured upon the portion of the line
so fenced, unless the killing or injury was committed willfully. (Code 1886, §1134; Code
1896, §3495; Code 1907, §§5653, 5654; Code 1923, §§9635, 9636; Code 1940, T. 48, §§183,
184.)...
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37-8-23
Section 37-8-23 Charging or collecting higher than lawful rate. Any corporation, partnership,
association or person owning or operating a railroad or other utility transporting passengers
or property, or officer, servant or agent of any such, who shall knowingly charge or collect
a fee or charge at a higher rate for the transportation of passengers or property than prescribed
or authorized by law, or fixed by the Public Service Commission, shall be guilty of a misdemeanor,
and shall, upon conviction, be fined not less than $50.00 for each offense. (Code 1923, §5376;
Code 1940, T. 48, §426.)...
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39-7-13
Section 39-7-13 Purpose and powers of authority generally; sale, transfer and conveyance of
entire water system to public corporation authorized to conduct business of water distribution
system. (a) An authority shall be incorporated for the purpose of conducting and developing
the enterprise in which it may engage in such manner that the services afforded by such enterprise
shall be available for public uses and to all inhabitants of the municipality and the surrounding
area for domestic and industrial uses at the lowest cost consistent with sound economy and
prudent management. Every authority incorporated under this chapter is hereby vested with
all powers necessary and requisite for the accomplishment of such purpose for which such authority
is incorporated capable of being delegated by the Legislature of the State of Alabama. The
authority shall have the power to acquire, construct, reconstruct, extend, improve and maintain
and operate any plant, works, system, facilities or...
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