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37-16-5
Section 37-16-5 Effect of chapter on service territories for electric suppliers. In no event
does this chapter authorize any electric provider to provide retail electric service outside
of its electric service territory as determined under the applicable provisions of Chapter
14. Nothing in this chapter is intended to amend, repeal, enlarge, or otherwise affect Chapter
14. (Act 2019-326, ยง1.)...
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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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37-14-38
Section 37-14-38 Validation procedure; authorization for validation of provisions of article.
In order to foster and encourage the underlying policies of this article and to assure that
sales and purchases of distribution facilities, and other transactions and actions authorized
or allowed by this article may be conducted in good faith with a knowledge of the validity
of the provisions hereof, and further, to assure that irrevocable commitments are not made
in the implementation of the provisions of this article without the assurance of their legality
and validity, the following judicial review process is hereby authorized and it is declared
to be the legislative intent that the provisions of this statute be judicially reviewed and
validated pursuant to the procedure set forth herein and that the circuit court enter a judgment
in accordance with the procedure set forth herein. (1) FILING OF COMPLAINT FOR DETERMINATION
AS TO LEGALITY OF PROVISIONS OF ARTICLE. - At any time subsequent to...
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37-4-60
Section 37-4-60 Notice of intention to engage in business. Whenever any municipal corporation,
county improvement authority, power district, federal or other governmental agency, sometimes
called "agency" in this division, proposes to engage in the business of operating
an electric light plant or distribution system, or of furnishing electric service for industrial,
domestic or other consumption and at the time such agency proposes to engage in such business
there is then in existence within the territory in which it is proposed to furnish such electric
service a plant or distribution system, either or both, or any part or parts thereof, furnishing
the service so proposed to be furnished by such agency, then such agency, as a condition precedent
to the exercise of such authority, shall notify the owner of such plant or system by registered
or certified mail of its intention to engage in such business and of its willingness to acquire
on such terms and conditions as may be agreed upon...
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11-50A-17
Section 11-50A-17 Contracts for use of projects; purchase of electric power; payment of charges;
indemnity; enforcement of performance. (a) Any municipality, if authorized by resolution or
ordinance of its governing body, may contract with the authority for the payment of any rates,
tolls, fees, and other charges prescribed in this section and Section 11-50A-18 by the authority
for the output, capacity, use or service by the municipality of any projects or other resources
of the authority or any of its facilities or undertakings. The obligations to pay the amounts
contracted to be paid by the municipality to the authority under the contract or contracts
entered into pursuant to the provisions of this section shall be treated as expenses of operating
the electric distribution system of the municipality for the payment of which the revenues
of the municipality derived from the operation of its electric distribution system (together
with any other revenues that may be lawfully pledged...
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11-89C-9
Section 11-89C-9 Powers of governing bodies. (a) A governing body shall proceed under this
chapter as a participant in the public corporation or individually, to adopt upon reasonable
public notice and following public hearing all necessary rules and regulations by resolution
or ordinance to implement this chapter and to specifically regulate and control storm water
discharges and eliminate the discharge of pollutants to its municipal separate storm sewers.
Provided, however, that all discharges originating from any lands or facilities owned or operated
by one or more entities under the jurisdiction and supervision of the Alabama Public Service
Commission are exempted from regulation under any local storm water management program and
shall be regulated exclusively by ADEM. Further, any commission non-jurisdictional electric
supplier, as defined by Section 37-4-140, whose service area extends beyond the boundaries
of a single municipal or county jurisdiction shall be exempted from the...
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37-16-8
Section 37-16-8 Construction of chapter. (a) Nothing in this chapter shall interfere with the
commission's authority to regulate public utilities under this title. Nothing in this chapter
shall provide a basis for creating or granting jurisdiction to the commission over any electric
providers or any broadband affiliate that are otherwise exempt or are otherwise not subject
to the jurisdiction of the commission. (b) Nothing in this chapter shall affect, abrogate,
or eliminate in any way any obligation of an electric provider or any broadband affiliate
or broadband operator to comply with any applicable safety and permitting requirements of
any railroad company or any state governmental body or agency with respect to property that
is held or controlled by such railroad company or state governmental body or agency, as the
case may be, and in, on, over, or across which an easement is located. (c) Any broadband system
that encumbers the right-of-way of the Department of Transportation shall...
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40-21-53
Section 40-21-53 Electric, hydroelectric, gas, or any other public utility - License tax -
Credit on electric bills for certain persons. (a) Each person, firm, or corporation, including
any corporations operating an electric or hydroelectric public utility; or a gas public utility;
or any privately owned and operated wastewater system as defined in Section 22-25B-1 which
is required by Chapter 25B of Title 22, to be operated and maintained by a wastewater management
entity certified by the Public Service Commission; or any other public or municipal utility
now paying the two and two-tenths percent shall be subject to the provisions of this section
and shall pay to the state a license tax equal to two and two-tenths percent on each $1 of
gross receipts of such public utility for the preceding year; except, that gross receipts
from the sale of electricity for resale by such electric or hydroelectric public utilities
and gross receipts from the sale of electricity to the persons...
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45-23A-93
Section 45-23A-93 Auxiliary communication services. (a) As used in this section, the word "city"
shall mean the City of Ozark in Dale County. (b)(I) In addition to all other powers, rights,
and authority heretofore granted by law, the city is authorized and empowered to acquire,
purchase, lease, construct, operate, maintain, enlarge, extend, and improve as part of the
system facilities for the provision to inhabitants of the city and surrounding territory of
auxiliary services which may be identified generally as any communication service, not including
cable television transmission, which shall include, but not be limited to, burglar alarm systems,
data transmissions, facsimile service, home shopping service, and any allied or similar communication
services. (2) The city shall provide, without the requirement of any franchise, to any requesting
communication company or utility regulated by the Public Service Commission, or any electric
cooperative organized under Chapter 6, Title 37,...
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11-50B-3
Section 11-50B-3 Permitted activities by public providers; lease of equipment by municipal
governing bodies. In addition to all other power, rights, and authority heretofore granted
by law, public providers may acquire, establish, purchase, construct, maintain, enlarge, extend,
lease, improve, and operate cable systems, telecommunications equipment and telecommunications
systems, and furnish cable service, interactive computer service, Internet access, other Internet
services, and advanced telecommunications service, or any combination thereof, in the case
of a public provider that is a municipality, to the inhabitants of the municipality and police
jurisdiction, the area within the territorial jurisdiction of the municipal planning commission
determined in accordance with the provisions of Section 11-52-30, as amended, and any area
in which the municipality furnishes or sells any utility, such as electricity, gas, water,
or sewer, and in the case of a public provider that is a...
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