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37-14-30
Section 37-14-30 Declaration of findings and policy; relationship to 1984 act. The Legislature
of the State of Alabama has investigated the economic, financial and environmental impact
associated with the potential for duplication of electric distribution facilities used for
the furnishing of retail electric service. It has been determined that with respect to retail
electric sales, the benefit normally associated with competition between two or more entities
for customers is outweighed by the tremendous cost burden which must be borne by such customers
associated with the maintenance of two or more duplicate sets of facilities. It is the further
finding of the legislature that the existence of duplicate facilities for the furnishing of
electricity at retail is not in the public interest because of the adverse impact which such
duplication has on environmental and aesthetic values and on safety. It is therefore declared
that the policy of the State of Alabama is to ensure effective,...
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45-37A-461
Section 45-37A-461 Electric supplier service territories. (a) The Legislature of the State
of Alabama has investigated the economic, financial, and environmental impact associated with
the potential for duplication of electric distribution facilities used for the furnishing
of retail electric service in and around the City of Tarrant City, Alabama. Among its findings
is that with respect to retail electric service industry, the benefits normally associated
with competition between two suppliers for customers is outweighed by the tremendous cost
burden which must be borne by such customers associated with the maintenance of two or more
duplicate sets of facilities. It is the further finding of the Legislature that the existence
of duplicate facilities for the furnishing of electricity at retail in Tarrant City is not
in the public interest because of the adverse impact which such duplication has on environmental
and aesthetic values and on safety. It is therefore declared that the...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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37-14-1
Section 37-14-1 Legislative declarations, findings, etc. The Legislature of the State of Alabama
has investigated the economic, financial and environmental impact associated with the potential
for duplication of electric distribution facilities used for the furnishing of retail electric
service. Among its findings are the conclusion that with respect to retail electric sales,
the benefit normally associated with competition between two or more entities for customers
is outweighed by the tremendous cost burden which must be borne by such customers associated
with the maintenance of two or more duplicate sets of facilities. It is the further finding
of the legislature that the existence of duplicate facilities for the furnishing of electricity
at retail is not in the public interest because of the adverse impact which such duplication
has on environmental and aesthetic values and on safety. It is therefore declared that the
policy of the State of Alabama is to ensure effective,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-14-1.htm - 1K - Match Info - Similar pages
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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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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37-14-33
Section 37-14-33 Retail electric service within municipalities. (a) Primary supplier's option
to acquire facilities within existing municipal limits. - The primary electric supplier within
each municipality shall, at its option, have the right to acquire all distribution facilities
of any secondary electric supplier used to supply retail electric service within the existing
municipal limits and shall have the right to serve all premises within the existing municipal
limits of such municipality subject to the provisions of subdivisions (a)(1) through (a)(5).
Except as authorized in this section, no secondary electric supplier shall extend facilities
to serve existing or new premises within the existing municipal limits of the municipality.
(1) The primary electric supplier must announce its intention to exercise its option to acquire
the distribution facilities of secondary electric suppliers by giving written notice by registered
or certified mail to the affected secondary suppliers...
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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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37-14-32
Section 37-14-32 Electric service outside existing municipal limits. Except as otherwise provided
in subdivisions (2), (3), (4) and (6) but notwithstanding any other provision of this article,
in areas outside existing municipal limits (including areas annexed to municipalities on or
after April 26, 1984), no electric supplier shall construct or maintain electric distribution
lines for the provision of retail electric service to any premises being provided retail electric
service by another electric supplier, or to any new premises located within the boundaries
of assigned service areas of another electric supplier. Assigned service areas outside existing
municipal limits are hereby established as set forth in this section. (1) Except as specified
in subdivisions (2) and (3) herein, each electric supplier is hereby granted a legislative
franchise and assigned the sole obligation, in areas outside existing municipal limits and
within existing municipal limits to the extent the standards...
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