1 HB593
2 212710-1
3 By Representative Ingram
4 RFD: County and Municipal Government
5 First Read: 06-APR-21
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1 212710-1:n:04/05/2021:LK/ma LSA2021-1066
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8 SYNOPSIS: This bill would provide that the use of
9 public funds to repair or replace sewer laterals on
10 private property is a "public purpose," as that
11 term has been defined by the Supreme Court of
12 Alabama in Slawson v. Alabama Forestry Commission,
13 631 So.2d 953 (Ala. 1994), and related caselaw and
14 opinions of the Supreme Court of Alabama, and would
15 authorize a county, municipality, or authority
16 incorporated under Title 11, Code of Alabama 1975,
17 to repair or replace a private sewer lateral or to
18 transfer public funds for repair or replacement of
19 a private sewer lateral, and to recover the amount
20 of the transfer or the cost of repair or
21 replacement by prorating that amount on the utility
22 bill of the owner of the private sewer lateral.
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24 A BILL
25 TO BE ENTITLED
26 AN ACT
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1 Relating to sewer laterals; to authorize a county,
2 municipality, or authority incorporated under Title 11, Code
3 of Alabama 1975, to use public funds to repair or replace
4 private sewer laterals; to provide a method by which a county,
5 municipality, or authority using public funds to repair or
6 replace sewer laterals may recover those public funds; and to
7 require a county, municipality, or authority repairing or
8 replacing a private sewer lateral to restore property to its
9 original condition following the repair or replacement of the
10 private sewer lateral.
11 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
12 Section 1. The Legislature finds and declares all of
13 the following:
14 (1) The degrading condition of private sewer
15 laterals in many locations throughout the state has led to a
16 rise in groundwater and stormwater intrusion into municipal
17 sewer systems, resulting in overflow of sewage collection and
18 treatment facilities and damage to both public and private
19 property.
20 (2) Overflow of raw sewage into yards,
21 right-of-ways, drainage ditches, streams, creeks, and rivers
22 is a direct threat to the environment, from microscopic
23 organisms to large animals and even to humans especially
24 children that like and need to play outdoors, often in those
25 same areas vulnerable to overflow.
26 (3) The cost involved in repair or replacement of a
27 sewer lateral is often unattainable by private individuals.
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1 (4) Although the lack of repairs of private sewer
2 laterals may be a result of neglect or insufficient funds on
3 the part of private individuals, the effects of degradation of
4 private sewer laterals as described above constitute a serious
5 threat to public health.
6 (5) Use of public funds to remedy or combat public
7 health issues is a primary role of government.
8 (6) The use of public funds to repair private sewer
9 laterals, for the reasons described in this section, is a
10 public purpose as that term has been defined by the Supreme
11 Court of Alabama in Slawson v. Alabama Forestry Commission,
12 631 So.2d 953 (Ala. 1994), and related caselaw and opinions of
13 the Supreme Court of Alabama; and use of public funds for this
14 public purpose shall not be considered to be a lending of
15 credit or a granting of public money or thing of value to or
16 in aid of any private individual, association, company,
17 partnership, or corporation, within the meaning of any state
18 constitutional or statutory provision.
19 Section 2. (a) For purposes of this act, "private
20 sewer lateral" means a sewer line on private property that
21 connects to a public sewer system, and does not include any
22 portion of a sewer line within the foundation of a building.
23 (b)(1) Upon receipt of a written request from the
24 owner of a property that has a private sewer lateral that is
25 contributing to a serious threat to public health as described
26 herein and that the owner certifies that he or she is not
27 financially able to repair or replace, a county, municipality,
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1 or authority incorporated under Title 11, Code of Alabama
2 1975, may use public funds to repair or replace the private
3 sewer lateral upon adoption of a resolution detailing that the
4 repair or replacement constitutes a public purpose, and shall
5 recover the actual cost of repair or replacement by prorating
6 the cost of repair or replacement on the utility bill of the
7 owner of the private sewer lateral. Terms of the recovery of
8 cost shall be detailed in the resolution and shall be as
9 mutually agreed by both parties.
10 (2) A county, municipality, or authority shall not
11 be obligated to replace a private sewer lateral.
12 (3) A county, municipality, or authority using
13 public funds to repair or replace a private sewer lateral
14 pursuant to subdivision (1) shall restore the property to the
15 condition of the property as it existed prior to the repair or
16 replacement.
17 (c) A county, municipality, or authority performing
18 a repair or replacement of a private sewer lateral under
19 subsection (b) shall not be deemed to be the owner of the
20 private sewer lateral, nor shall the county, municipality, or
21 authority be obligated to perform any other duties unless the
22 county, municipality, or authority adopts a resolution
23 accepting those duties.
24 Section 3. This act shall become effective on the
25 first day of the third month following its passage and
26 approval by the Governor, or its otherwise becoming law.
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