1 HB631
2 213324-4
3 By Representatives Crawford and Whitt
4 RFD: Agriculture and Forestry
5 First Read: 15-APR-21
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1
2 ENROLLED, An Act,
3 Relating to public waterways; to establish the
4 Alabama State Reservoir Management Development Program within
5 the Department of Conservation and Natural Resources; to
6 provide for the award of grants to qualified local entities;
7 to amend Sections 33-5-6, 33-5-10, and 33-5-17, Code of
8 Alabama 1975, relating to the registration and operation of
9 vessels, to provide for an additional registration fee and the
10 distribution of those fees; and to make nonsubstantive,
11 technical revisions to update the existing code language to
12 current style.
13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
14 Section 1. (a) This section shall be known and may
15 be cited as the Alabama State Reservoir Management Development
16 Act.
17 (b) For the purposes of this act, the following
18 words have the following meanings:
19 (1) DEPARTMENT. The Department of Conservation and
20 Natural Resources.
21 (2) LOCAL ENTITY. One or more of the following:
22 a. A county.
23 b. An incorporated municipality.
24 c. An unincorporated municipality.
25 d. A public entity of a county or municipality.
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1 e. A local public-private partnership.
2 (3) LOCAL PUBLIC-PRIVATE PARTNERSHIP. Any
3 partnership between a county, incorporated municipality,
4 unincorporated municipality, or any other public entity of a
5 county or municipality and a private organization.
6 (4) QUALIFIED LOCAL ENTITY. Local entity with an
7 existing reservoir and reservoir debris management plan.
8 (5) STATE RESERVOIR. A quantity of any public
9 spring, brook, creek, stream, river, pond, swamp, lake,
10 reservoir, impoundment, sound, tidal estuary, bay, waterway,
11 aquifer, or any other body or accumulation of water, surface
12 water, or ground water, natural or artificial, that does any
13 of the following:
14 a. Is contained within the borders of this state.
15 b. Flows through or to this state or any portion
16 thereof.
17 c. Borders upon this state or any portion thereof,
18 including those portions of the Gulf of Mexico over which this
19 state has jurisdiction.
20 (c)(1) The Commissioner of the Department of
21 Conservation and Natural Resources shall establish and
22 administer the state reservoir management grant program for
23 the purpose of addressing short-term and long-term projects
24 outlined in reservoir management and reservoir debris
25 management plans.
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1 (2) The Commissioner shall adopt rules necessary to
2 administer the program and meet the future needs of the grant
3 program. Initial rules to implement the program shall be
4 adopted not later than April 1, 2022.
5 (d) The state reservoir management grant program
6 shall be administered pursuant to policies developed by the
7 department in compliance with this section. The policies shall
8 provide for the awarding of grants to qualified local
9 entities.
10 (e) There is created the State Reservoir Management
11 Grant Fund in the State Treasury. The fund is subject to
12 appropriations by the Legislature and gifts, grants, and other
13 donations received by the department for the state reservoir
14 management grant program or fund. The department may not spend
15 appropriations for the program for purposes other than those
16 listed in this section. Any monies appropriated to the
17 department for reservoir management grants that are unspent at
18 the end of a fiscal year shall be carried over for use by the
19 program in the next fiscal year. The department is prohibited
20 from expending more than three percent of the total amount
21 appropriated for the program on administrative expenses in any
22 fiscal year. Monies in the fund shall be invested by the State
23 Treasurer for the sole benefit of the fund.
24 (f) Individual grants awarded by the department
25 under this section may only be awarded for projects included
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1 in reservoir management and reservoir debris management plans.
2 Grants may be awarded to a qualified local entity based on
3 criteria developed by the department for projects for any of
4 the following purposes:
5 (1) To control invasive aquatic species in state
6 reservoirs.
7 (2) To remove debris from navigable waters within
8 state reservoirs primarily after declared natural disasters.
9 (3) To install, maintain, and repair navigational
10 aids or regulatory signs that are officially designated by the
11 Alabama State Law Enforcement Agency.
12 (g) Prior to awarding a grant under this section,
13 the qualified local entity shall obtain written concurrence
14 from the owner or operator, or both, of the applicable state
15 reservoir and submit it to the department. No project that
16 receives a grant under this section shall conflict or
17 interfere with any right or obligation of an owner or operator
18 of such state reservoir or otherwise create any duty or
19 liability for such owner or operator with respect to a project
20 for which a grant is awarded.
21 (g) (h) Beginning October 1, 2022, and each October
22 1 thereafter, applicants may submit grant applications.
23 Applications for eligible projects shall be evaluated
24 according to a system developed by the department. The
25 department shall announce grant awards by February 1 of the
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1 following year. Grant applications shall be published by the
2 department online at the time of the award announcement.
3 Grants issued by the department shall be conditioned upon
4 compliance with the terms of the grant, but shall not
5 otherwise be revocable. Grant awards shall be paid within 60
6 days upon the department receiving written certification of
7 the completion of the project and evidence of compliance with
8 the terms of the grant as prescribed by the department.
9 (h) (i) Any grant shall be conditioned on the
10 completion of the project within two years of the awarding of
11 the grant. If the grant is not completed, the applicant may
12 not apply for additional grants within the two-year period.
13 (i) (j) Each qualified state or local entity shall
14 contribute matching funds equal to 50 percent of the total
15 amount of the grant award. Grant funds may also be used as
16 matching funds for any state or federal program that addresses
17 the purposes of this section.
18 (j) (k) If grant funds are returned for any reason,
19 the funds shall be deposited in the Alabama State Reservoir
20 Management Grant Fund and shall be available for award the
21 next grant year.
22 Section 2. Sections 33-5-6, 33-5-10, and 33-5-17,
23 Code of Alabama 1975, are amended to read as follows:
24 "33-5-6.
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1 "This article shall be enforced by the Department of
2 Conservation and Natural Resources Alabama State Law
3 Enforcement Agency, Division of Marine Police, by all
4 law-enforcement law enforcement officers of the state and by
5 such other agents and employees of the Department of
6 Conservation and Natural Resources agency as may be designated
7 and required by the commissioner Secretary of the Alabama
8 State Law Enforcement Agency.
9 "33-5-10.
10 "(a) The Department of Conservation and Natural
11 Resources will agency shall issue annual certificates of
12 registration directly and shall authorize all probate judges
13 of probate in the state or any other official in the state who
14 is presently authorized to issue automobile license plates to
15 issue annual certificates of registration and numbers in
16 connection therewith. In conformity with this article and any
17 rules and regulations which may be validly issued adopted by
18 the Department of Conservation and Natural Resources agency,
19 the Department of Conservation and Natural Resources agency
20 shall assign to each issuing officer in the county a block of
21 numbers and certificates therefor which upon issue, the
22 issuing officer shall be allowed a fee of two dollars ($2) for
23 each certificate issued by him or her. In counties where the
24 probate judge of probate or issuing officer is on the fee
25 system, the issuing fee shall be retained by the probate judge
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1 of probate, and, in counties where the issuing officer or
2 probate judge of probate is on a salary basis, the fee shall
3 be paid to the county treasury. The issuance fee provided for
4 herein shall be in addition to the amount of the boat
5 registration fee.
6 "(b) All registration money, except the two dollar
7 ($2) fee allowed as aforesaid under subsection (a), shall be
8 remitted monthly to the Department of Conservation and Natural
9 Resources agency not later than 10 days after the first of
10 each month. The Department of Conservation and Natural
11 Resources agency shall transmit remit the registration money
12 all money received by it to the State Treasurer, there to be
13 deposited in a fund to be known as the "State Water Safety
14 Fund."
15 "(c) All moneys monies received out of the sale of
16 licenses under the provisions of this article may be used by
17 the Commissioner of the Department of Conservation and Natural
18 Resources agency for all purposes reasonably necessary in the
19 cost of administration of this article, including the printing
20 of certificates of registration, postage and transportation
21 charges, clerical, personnel, equipment purchases, salaries,
22 and other expenses for each year; except, that no funds
23 collected under the provisions of this article may be used to
24 supplement or pay the salaries of any law enforcement officers
25 other than those hired specifically for the purposes of
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1 administering the provisions of this article. The Commissioner
2 of the Department of Conservation and Natural Resources
3 secretary shall expend such moneys as may be the monies
4 appropriated to the Marine Police Division, in such manner as
5 the Commissioner of Conservation and Natural Resources
6 secretary may deem deems necessary and appropriate; provided,
7 however, that such the appropriations may be expended only for
8 the purposes designated by the Legislature and in the amounts
9 provided therefor in the general appropriation bill and shall
10 be budgeted and allotted in accordance with the provisions of
11 Article 4 of Chapter 4 of Title 41. It is the intent of the
12 Legislature that the Department of Conservation and Natural
13 Resources agency utilize existing personnel and equipment of
14 that department the agency and of the sheriffs of this state
15 to the maximum possible extent in enforcing and administering
16 this article, to the end that there be no costly duplication
17 of services.
18 "33-5-17.
19 "(a) Vessels subject to the provisions of this
20 article shall be classified according to the following
21 schedule and annual fees charged by the Department of
22 Conservation and Natural Resources Alabama State Law
23 Enforcement Agency for registration shall be in the following
24 amounts:
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1 "CLASS 1. Less than 16 feet in length, eighteen
2 dollars ($18) plus a two dollar ($2) issuance fee.
3 "CLASS 2. Sixteen feet or over and less than 26 feet
4 in length, twenty-three dollars ($23) plus a two dollar ($2)
5 issuance fee.
6 "CLASS 3. Twenty-six feet or over and less than 40
7 feet in length, seventy-three dollars ($73) plus a two dollar
8 ($2) issuance fee.
9 "CLASS 4. Forty feet or over in length, ninety-eight
10 dollars ($98) plus a two dollar ($2) issuance fee.
11 "The above stated fees shall also apply to livery
12 boats.
13 "CLASS 5. Dealer or manufacturer; temporary license,
14 twenty-three dollars ($23) plus a two dollar ($2) issuance fee
15 for each license.
16 "(b) In addition to the foregoing fees, there shall
17 be an inspection fee of twenty-five dollars ($25) for all
18 homemade boats which require a hull identification number.
19 "(c) In addition to the foregoing fees, there shall
20 be an additional registration fee of five dollars ($5) for
21 every Class 1 through 4 vessel registered. All monies received
22 from the additional registration fee provided under this
23 subsection shall be remitted monthly to the State Treasurer to
24 be deposited into the State Reservoir Management Grant Fund
25 not later than 10 days after the first of each month."
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1 Section 3. This act shall become effective January
2 1, 2022, following its passage and approval by the Governor,
3 or its otherwise becoming law.
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1
2
3
4 Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in
9 and was passed by the House 22-APR-21.
10
11 Jeff Woodard
12 Clerk
13
14
15 Senate 04-MAY-21 Amended and Passed
Concurred in Sen-
16 House 06-MAY-21
ate Amendment
17
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Statutes affected:
Introduced: 33-5-6, 33-5-10, 33-5-17, 33-5-6, 33-5-10, 33-5-17
Enrolled: 33-5-6, 33-5-10, 33-5-17, 33-5-6, 33-5-10, 33-5-17