I am doubling up this week and catching you up on the past two weeks of bills that affect health and the environment in Alabama during the 2018 legislative session.
Signed into law this week
HB53 was delivered to the Governor at 1:06 PM on March 22, 2018. Existing law requires $500,000 to be transferred annually from fees collected for the disposal of hazardous waste into the Alabama Legacy for Environmental Research Trust, to be used by public institutions of higher learning for funding environmental research and education relating to hazardous waste production and disposal. This bill abolishes the Alabama Legacy for Environmental Research Trust Fund.
SB33 was delivered to the Governor at 4:34 PM on March 21, 2018. Under existing law, the Permanent Joint Legislative Committee on Energy Policy was created to develop the Alabama Energy Plan and to make recommendations to the Governor and the Legislature to address the state’s long-term and short-term energy challenges. This bill removes the requirement that the Alabama Joint Legislative Committee on Energy Policy develop the Alabama Energy Plan and instead requires that the committee recommend courses of action to the Governor and Legislature to address Alabama’s energy challenges. The bill authorizes the committee to only receive federal grants and other funds related to energy initiatives with no funds from the state; reduces the number of committee members from 17 to 13; provides that the committee shall meet at least once every six months; and allows the committee to meet by means of telephone conference, video conference, or similar communications provided that a majority of a quorum is physically present at the meeting location presented in the notice. This bill deletes authorization for the committee to create and staff a Legislative Energy Policy Office, and would authorize the committee to form advisory subcommittees as needed, removing requirement for including members of the public.
New bills
SB395 was introduced into the Senate on March 15th and is pending its third reading. You can read more in the table below, but this is another bill that has to do with shoreline restoration.
SB370 was introduced on March 6th and hasn’t had any movement since. You can read more in the table below, but this bill would propose an amendment to the Constitution of Alabama of 1901, to provide that the Forever Wild Land Trust may not acquire property in a county having a population of 20,000 or less if the property held by the trust in the county exceeds or will exceed 11,000 acres unless the purchase of the property by the Forever Wild Land Trust is approved by the county commission of the county. It would apply to the following counties which currently fit the population cutoff.
Movement on bills
SB180 passed the House on March 22nd.
| Bill No. | Sponsor | Summary | Committee | Status |
| HB5 | Hanes (R)
Whorton |
Amending Ala. Code 40-8-140: provide income tax refund check off to state parks, Dep’t of Mental Health and Medicaid | Ways & Means General Fund | · 2/20: passes House |
| HB40 | South (R) | Amend Ala. Code 32-9-20: extends length restrictions and allows greater weight restrictions for trucks using natural gas | Transportation, Utilities and Infrastructure | · 3/1: delivered to the Governor
· 2/27: passes Senate · 2/15: pending third reading · 2/8: moves to the Senate referred to committee (Transportation and Energy) · 2/8: passes in House |
| HB53 | Johnson ® | Repeal Ala. Code 22-30B-19: Abolish the Alabama Legacy for Environmental Research Trust Fund
COMPANION BILL SB 122 |
Ways & Means General Fund | · 3/22: delivered to the Governor
· 2/8: moves to Senate and referred to committee (Finance and Taxation General Fund) · 2/6: passes in House |
| HB58 | Drake (R) | Amend Ala. Code § 9-14-8: Create Park for Patriots Act of 2018. Adds in active, Alabama resident | Military & Veterans Affairs | · 2/22: enrolled in House
· 2/15: passes Senate · 1/25: read for the second time and placed on the calendar · 1/16: moves to the Senate, referred to committee (Veterans and Military Affairs) · 1/16: passes in House |
| HB78 | Johnson ® | Propose local amendment for Coosa County to additional payments from the Alabama
Trust Fund to the Forever Wild Land Trust to reimburse Coosa County for lost ad valorem tax payments as a result of the acquisition of property by the Forever Wild Land Trust. |
Local Legislation | · 1/25: third reading, carried over to Call of the Chair (voice vote adopted) |
| HB113 | Johnson (R) | Amend Ala. Code 22-25C-1 and 22-25C-2: requires bond paid to be used for clean up of facility and repeals provisions for fees
COMPANION BILL SB48 |
Transportation, Utilities and Infrastructure | |
| HB217 | Morrow (D) | Amend Ala. Code 22-22A-6, to change the qualifications of that the Environmental Management Commission of the Alabama Department of Environmental Management so that a geologist may serve as a member of the commission. | Boards, Agencies and Commissions | |
| HB224 | South (R) | Notification to State Health Officer required when changes made to fluoride levels
COMPANTION BILL SB180 |
Health | · 2/8: moves to Senate and referred to committee (Health & Human Services)
· 2/8: passes House |
| HB362 | Tuggle ® | This bill proposes a constitutional amendment that would require the Forever Wild Land Trust to annually reimburse the amount of ad valorem tax revenue lost as a result of property previously subject to ad valorem tax being acquired by the Forever Wild Land Trust, which monies shall be paid to the county tax official in each county where the property has been acquired and distributed as other ad valorem tax proceeds unless the county opts out. The amount of reimbursement would be the amount as if the property was taxed at current use value of the property as forest property with good productivity. The bill would also provide that if funding for the Forever Wild Land Trust is not continued after September 30, 2032, the Forever Wild Land Stewardship Account would receive up to $1,000,000 from the Alabama Trust Fund annually. | State Government | · 3/1: lost in House
· 2/8: pending 3rd reading, state government introduced amendment |
| HB370 | Davis(R) | This bill would further provide for permits for shoreline restoration, including the use of living shoreline techniques, by riparian property owners in coastal areas. The bill would authorize riparian property owners to sever and use materials in their riparian rights use area and for the purposes of shoreline restoration without fee or charge by the Department of Conservation and Natural Resources or the Department of Environmental Management when the source sediment is used for the construction of living shorelines in front of a property owner’s r’parian property. | Agriculture and Forestry | · 3/8: Committee offers first substitute |
| HB408 | Ingram (R) | Amend Ala. Code sections 22-37A-2, 22-37A-3, 22-37A-4, 22-37A-5, 22-37A-6, and 22-37A-7: This bill would amend the Alabama Lead Reduction Act to add definitions, increase regulations relating to lead hazard reductions, increase the authority of the Department of Public Health to conduct lead inspections and enforce the act, and increase penalties for violations of the act. | Health | · 2/18: introduced in House |
| HB422 | Sessions (R) | This bill would provide the procedure for
depositing of material from the dredging of the inlets of this state. |
Agriculture & Forestry | · 2/15: introduced in House |
| SB33 | Ward (R) | Amend Ala. Code 29-2-270 to 29-2-275: Permanent Joint Legislative Committee on Energy Policy: this bill would revise the membership of the committee, delete the requirement that the committee complete the Alabama Energy Plan, limit the reporting of the committee, delete authorization for the committee to create and staff a Legislative Energy Policy Office, would authorize the committee to form advisory committees as needed. | Transportation & Energy | · 3/21: delivered to Governor
· 2/1: read for the second time and placed on the calendar · 1/25: Moves to the House, read for the first time and referred to the House of Representatives committee on Transportation, Utilities and Infrastructure · 1/23: Passes Senate |
| SB48 | Pittman (R) | Amend Ala. Code 22-25C-1 and 22-25C-2: requires bond paid to be used for clean up of facility and repeals provisions for fees.
COMPANION BILL HB113 |
Finance and Taxation General Fund | · 3/1: passes House, rules committee makes an amendment
· 1/23: moves to House (referred to committee on Ways & Means General Fund) · 1/23: passes Senate |
| SB75 | Bussman (R) | ®er the Sunset Law, provides for the continuance of the Surface Mining Commission until October 1, 2022
SB 134 RELATED |
Fiscal Responsibility and Economic Development | · 2/1: passes House, assigned Act No.. 2018-74
· 1/25: read for the second time and placed on the calendar · 1/18: moves to House (referred to committee on Boards, Agencies and Commissions) · 1/16: passes Senate |
| SB122 | Sanford (R) | Repeal Ala. Code 22-30B-19: Abolish the Alabama Legacy for Environmental Research Trust Fund
COMPANION BILL HB53 |
Finance and Taxation General Fund | · 2/15: pending third reading in the House
· 2/6: moves to the House and referred to committee (Ways & Means General Fund) · 2/6: passes Senate |
| SB134 | Bussman ® | Remove the Surface Mining Commission from the sunset review process
RELATED TO SB75 |
Fiscal Responsibility and Economic Development | · 1/25: read for the second time and placed on the calendar
· 1/18: moves to House (referred to committee on Boards, Agencies and Commissions) · 1/16: Passes Senate |
| SB180 | Bussman ® | Notification to State Health Officer required when changes made to fluoride levels
COMPANION BILL TO HB224 |
Health and Human Services | · 3/22: passes House
· 2/1: moves to House and referred to committee (Health) · 2/1: passes Senate |
| SB268 | Allen (R) | Amend Ala. Code 32-9-20: extends length restrictions and allows greater weight restrictions for trucks using natural gas
COMPANION BILL TO HB40 |
Transportation and Energy | |
| SB273 | Scofield (R) | Amend Ala. Code 22-22A-6, to change the qualifications of that the Environmental Management Commission of the Alabama Department of Environmental Management so that a geologist may serve as a member of the commission.
COMPANION BILL TO HB217 |
Agriculture, Conservation and Forestry | · 3/6: read for the first time in the House
· 3/6: Passes senate |
| SB289 | Ward (R) | Amend Ala. Code 37-8-52 and 37-8-5-3: increase distance to 10 feet in which one can operate tools, machinery, or equipment, or move a building within [six feet] of a high voltage overhead conductor of electricity unless certain safeguards are in place. | Transportation and Energy | · 2/15: pending third reading in the Senate |
| SB370 | Chambliss (R) | This bill would propose an amendment to the Constitution of Alabama of 1901, to provide that the Forever Wild Land Trust may not acquire property in a county having a population of 20,000 or less if the property held by the trust in the county exceeds or will exceed 11,000 acres unless the purchase of the property by the Forever Wild Land Trust is approved by the county commission of the county. It would apply to the following counties which currently fit the population cutoff | County and Municipal Government | · 3/6: introduced in Senate |
| SB395 | Albritton (R) | This bill would further provide for permits for shoreline restoration, including the use of living shoreline techniques, by riparian property owners in coastal areas. The bill would authorize riparian property owners to sever and use materials in their riparian rights use area and for the purposes of shoreline restoration without fee or charge by the Department of Conservation and Natural Resources or the Department of Environmental Management when the source sediment is used for the construction of living shorelines in front of a property owner’s riparian property. | Agriculture, Conservation & Forestry | · 3/15: introduced in Senate |
| Public Transportation | ||||
| HB10 | Williams (Jack) (R) | Alabama Public Transportation Act. Alabama Public Transportation Trust Fund, established, ADECA required to administer trust fund; Public Transportation Trust Fund Advisory Committee, created. ADECA must adopt rules, make annual reports, conduct a public transportation needs assessment, enter into contracts, conduct audits and award grants. | Transportation, Utilities and Infrastructure | |
| HB25 | Pringle (R) | Amend Ala. Code 23-1-21 and 23-1-21.2: establish a State Transportation Commission (and requirements and duties thereof) | Transportation, Utilities and Infrastructure | |
| HB97 | Faulkner (R) | Would require transportation network companies to obtain a permit from the PSC, maintain an agent for service of process, implement a nondiscrimination
policy, implement a zero tolerance intoxicating substance policy, and maintain certain records, collect local assessment fee for each trip. COMPANION BILL TO SB65 |
Commerce and Small Business | |
| HB190 | Faulkner (R) | Transportation network companies, Public Service Commission permit required to operate, minimum requirements imposed | Commerce and Small Business | · 2/15: sent to the Governor (amendment offered)
· 2/8: pending third reading in the Senate and amendment offered · 1/30: moves to Senate · 1/30: amendments made by Coleman & Givan and co-sponsors (Garrett, Williams (JD), Fridy, Shiver, Faust, Ainsworth, Pettus, Mooney & Drake) and passes house |
| SB65 | Singleton (D) | Would require transportation network companies to obtain a permit from the PSC, maintain an agent for service of process, implement a nondiscrimination
policy, implement a zero tolerance intoxicating substance policy, and maintain certain records, collect local assessment fee for each trip. COMPANION BILL TO HB97 IDENTICAL TO SB143 |
Transportation and Energy | No movement on this bill since first read: but, SB143 is co-sponsored with Marsh and is identical |
| SB85 | Smitherman (D) | Creates the Alabama Public Transportation Trust Fund
*isn’t noted but seems like companion bill to HB10 |
Transportation and Energy | · 2/27: passes House and forward to the Governor
· 2/20: passes House · 2/1: read for the second time and placed on the calendar · 1/25: Moves to House, read for the first time and referred to the House of Representatives committee on Transportation, Utilities and Infrastructure · 1/25: Motion to Read a Third Time and Pass adopted Roll Call 148 |
| SB143 | Singleton (D) | Would require transportation network companies to obtain a permit from the PSC, maintain an agent for service of process, implement a nondiscrimination
policy, implement a zero tolerance intoxicating substance policy, and maintain certain records, collect local assessment fee for each trip. COMPANION BILL TO HB97 IDENTICAL TO SB65 |
Tourism and Marketing | · 1/25: Passes Senate with substitute by Singleton |
