The proposed amendment to the Constitution of Alabama of 2022 aims to bring certain privately owned sewer systems in Madison County under the jurisdiction of the Public Service Commission (PSC) under specific conditions. The amendment stipulates that any privately owned entity that collects, treats, or disposes of sewage and utilizes public rights-of-way for its operations must be certified and regulated by the PSC. This includes oversight of rates and charges imposed on customers. The criteria for regulation include discharging to specific wastewater treatment facilities and billing customers a flat service fee or a fee based on water usage.

Additionally, the amendment allows for a rate control agreement between the county, municipality, or governmental utility service corporation (GUSC) and the privately owned entity, which can opt out of PSC regulation for affected customers. However, if the agreement is found invalid or terminated, PSC jurisdiction will be restored. The amendment also includes provisions regarding the opt-out option for municipalities and the conditions under which it can be exercised. The amendment will be presented to voters for approval, and upon ratification, it will be incorporated into the Constitution of Alabama of 2022.