1 SB49
2 208825-3
3 By Senator Chambliss
4 RFD: Governmental Affairs
5 First Read: 02-FEB-21
6 PFD: 01/15/2021
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4 ENROLLED, An Act,
5 Relating to sewer laterals; to authorize a county,
6 municipality, or district or authority incorporated under
7 Title 11, Code of Alabama 1975, to use public funds to repair
8 or replace private sewer laterals; to provide a method by
9 which a county, municipality, district, or authority using
10 public funds to repair or replace sewer laterals may recover
11 those public funds; and to require a county, municipality,
12 district, or authority repairing or replacing a private sewer
13 lateral to restore property to its original condition
14 following the repair or replacement of the private sewer
15 lateral.
16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17 Section 1. The Legislature finds and declares all of
18 the following:
19 (1) The degrading condition of private sewer
20 laterals in many locations throughout the state has led to a
21 rise in groundwater and stormwater intrusion into municipal
22 sewer systems, resulting in overflow of sewage collection and
23 treatment facilities and damage to both public and private
24 property.
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1 (2) Overflow of raw sewage into yards,
2 right-of-ways, drainage ditches, streams, creeks, and rivers
3 is a direct threat to the environment, from microscopic
4 organisms to large animals and even to humans especially
5 children that like and need to play outdoors, often in those
6 same areas vulnerable to overflow.
7 (3) The cost involved in repair or replacement of a
8 sewer lateral is often unattainable by private individuals.
9 (4) Although the lack of repairs of private sewer
10 laterals may be a result of neglect or insufficient funds on
11 the part of private individuals, the effects of degradation of
12 private sewer laterals as described above constitute a serious
13 threat to public health.
14 (5) Use of public funds to remedy or combat public
15 health issues is a primary role of government.
16 (6) The use of public funds to repair private sewer
17 laterals, for the reasons described in this section, is a
18 public purpose as that term has been defined by the Supreme
19 Court of Alabama in Slawson v. Alabama Forestry Commission,
20 631 So.2d 953 (Ala. 1994), and related caselaw and opinions of
21 the Supreme Court of Alabama; and use of public funds for this
22 public purpose shall not be considered to be a lending of
23 credit or a granting of public money or thing of value to or
24 in aid of any private individual, association, company,
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1 partnership, or corporation, within the meaning of any state
2 constitutional or statutory provision.
3 Section 2. (a) For purposes of this act, "private
4 sewer lateral" means a sewer line on private property that
5 connects to a public sewer system, and does not include any
6 portion of a sewer line within the foundation of a building.
7 (b)(1) Upon receipt of a written request from the
8 owner of a property that has a private sewer lateral that is
9 contributing to a serious threat to public health as described
10 herein and that the owner certifies that he or she is not
11 financially able to repair or replace, a county, municipality,
12 or district or authority incorporated under Title 11, Code of
13 Alabama 1975, may use public funds to repair or replace the
14 private sewer lateral upon adoption of a resolution detailing
15 that the repair or replacement constitutes a public purpose,
16 and shall recover the actual cost of repair or replacement by
17 prorating the cost of repair or replacement on the utility
18 bill of the owner of the private sewer lateral. Terms of the
19 recovery of cost shall be detailed in the resolution and shall
20 be as mutually agreed by both parties.
21 (2) A county, municipality, district, or authority
22 shall not be obligated to replace a private sewer lateral.
23 (3) A county, municipality, district, or authority
24 using public funds to repair or replace a private sewer
25 lateral pursuant to subdivision (1) shall restore the property
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1 to the condition of the property as it existed prior to the
2 repair or replacement.
3 (c) A county, municipality, district, or authority
4 performing a repair or replacement of a private sewer lateral
5 under subsection (b) shall not be deemed to be the owner of
6 the private sewer lateral, nor shall the county, municipality,
7 district, or authority be obligated to perform any other
8 duties unless the county, municipality, district, or authority
9 adopts a resolution accepting those duties.
10 Section 3. This act shall become effective on the
11 first day of the third month following its passage and
12 approval by the Governor, or its otherwise becoming law.
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4 President and Presiding Officer of the Senate
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6 Speaker of the House of Representatives
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8 Senate 09-FEB-21
9 I hereby certify that the within Act originated in and passed
10 the Senate, as amended.
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12 Patrick Harris,
13 Secretary.
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17 House of Representatives
18 Amended and passed 27-APR-21
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21 Senate concurred in House amendment 29-APR-21
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24 By: Senator Chambliss
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