Code of Alabama
Title 37 - Public Utilities and Public Transportation.

Section 37-9-3 - Exemptions From Operation of Chapter - United States Mail; Occasional Intrastate Commerce. - Nothing in this chapter shall be construed to apply to:...

Section 37-9-8 - Duty of Commission to Administer Chapter; Rules, Regulations and Orders of Commission. - It shall be the duty of the commission to administer...

Section 37-9-9 - Inquiries Into Business of Air Carriers, Brokers, Etc. - The commission shall have authority, for purposes of the administration...

Section 37-9-10 - Establishment of Classifications for Air Carriers and Brokers; Authority to Exempt Same From Operation of Chapter. - The commission may make such just and reasonable classifications for...

Section 37-9-11 - Investigation of Noncompliance With Chapter or Orders, etc., of Commission; Remedial Action by Commission; Dismissal of Complaints. - The commission may investigate, either upon complaint or upon its...

Section 37-9-12 - Cooperation With State and Federal Authorities. - The commission is authorized to confer with or to hold...

Section 37-9-13 - Interstate Rates, Services, Etc. - The commission shall have authority to investigate all interstate rates,...

Section 37-9-14 - Proceedings Before Commission. - Except as herein otherwise expressly provided, in all respects in...

Section 37-9-15 - Conflicts of Interest of Members or Employees of Commission. - No member of the commission nor any employee of the...

Section 37-9-16 - Certificates for Common Carriers and Permits for Contract Carriers - Required. - (a) Certificate. No person shall engage in the business of...

Section 37-9-17 - Certificates for Common Carriers and Permits for Contract Carriers - Application; Notice and Public Hearing on Application; Investigations to Determine Need for Additional Air Transportation; Institution of Proceedings to Furnish Ad... - (a) Applications for certificates and permits shall be made in...

Section 37-9-18 - Certificates for Common Carriers and Permits for Contract Carriers - Surety Bonds, Insurance Policies, etc., Required. - No certificate or permit shall be issued to an air...

Section 37-9-19 - Certificates for Common Carriers and Permits for Contract Carriers - Issuance or Denial; Standards; Temporary Authorization for Service. - (a) The commission shall, subject to subsections (b) and (d)...

Section 37-9-20 - Certificates for Common Carriers and Permits for Contract Carriers - Contents; Terms, Conditions and Limitations; Effective Date; Duration; Charter Flights; Emergency Landings, Etc. - (a) Each certificate issued under this chapter shall specify the...

Section 37-9-21 - Certificates for Common Carriers and Permits for Contract Carriers - Alteration, Amendment, Modification, Suspension or Revocation. - The commission, upon petition or complaint or upon its own...

Section 37-9-22 - Certificates for Common Carriers and Permits for Contract Carriers - Authority to Require Common Carriers to Make Reasonable Extension of Existing Service. - The commission, upon petition or complaint or upon its own...

Section 37-9-23 - Certificates for Common Carriers and Permits for Contract Carriers - Transfer or Lease. - Any certificate or permit may be transferred or leased subject...

Section 37-9-24 - Broker's Licenses; Bond or Other Security Required of Brokers; Powers of Commission as to Brokers' Accounts, Reports and Records. - (a) No person shall, for compensation, sell or offer for...

Section 37-9-25 - Establishment of Fees for Permits, Certificates, etc.; Disposition of Revenue. - (a) The commission shall have the right to fix reasonable...

Section 37-9-26 - Abandonment or Discontinuance of Route. - No common carrier by aircraft shall abandon or discontinue any...

Section 37-9-27 - Air Carriers to File Tariff of Rates, Fares and Charges; Rejection of Tariff and Consequences Thereof; Refunds or Remittances of Rates, Fares and Charges; Changes in Rates, Fares and Charges; Filing of Divisions of Joint Rates, Fare... - (a) Every common carrier by aircraft shall file with the...

Section 37-9-28 - Duties of Air Carriers as to Service, Facilities, etc.; Undue Preferences and Advantages Prohibited; Extension of Credit; Commission to Establish, Enforce, etc., Reasonable Rates, Fares, etc.; Proceedings as to Validity of Rates, Fa... - (a) It shall be the duty of every common carrier...

Section 37-9-29 - Reports From Air Carriers; Form of Accounts, Records, etc., Maintained by Carriers; Right of Access to Lands, Buildings, Accounts, etc., of Carriers; Appointment of Special Agents or Auditors to Inspect Same. - (a) The commission is empowered to require annual reports from...

Section 37-9-30 - Reparation for Excessive Charges. - When complaint has been made to the commission concerning any...

Section 37-9-31 - Penalties. - Every person, including any officer, agent or employee of a...

Section 37-9-32 - Additional Compensation of Members of Commission. - For the extra, new and additional duties imposed upon the...

Chapter 10 - Railroad Preservation.

Section 37-10-1 - Short Title. - This chapter may be cited as the "State Rail Preservation...

Section 37-10-2 - Definitions. - When used in this chapter, the following words and phrases...

Section 37-10-3 - Powers of State Department of Transportation Generally. - The department is hereby authorized to exercise those powers necessary...

Section 37-10-4 - Expenditure of Federal Funds, etc., by Department; Cooperation With Local or Regional Transportation Authorities, Governmental Units, Etc. - (a) The department is hereby authorized to expend federal funds...

Section 37-10-5 - Requests for by Department and Provision by Railroads of Data and Information; Reimbursement of Railroads for Expenses Incurred in Gathering and Compiling Data; Department to Avoid Disclosure of Confidential Information. - (a) The department in performing its planning function is authorized...

Section 37-10-6 - Promulgation of Rules and Regulations. - The department shall promulgate rules and regulations consistent with and...

Section 37-10-7 - Appropriation. - Any sums of money necessary to supplement available federal funds...

Chapter 10A - Alabama Shortline Railroad Infrastructure Rehabilitation Act.

Section 37-10A-1 - Legislative Findings. - The Legislature makes the following findings and statements regarding the...

Section 37-10A-2 - Short Title. - This chapter shall be known and may be cited as...

Section 37-10A-3 - Definitions. - For purposes of this chapter, the following terms shall have...

Section 37-10A-4 - Shortline Railroad Infrastructure Rehabilitation Program and Fund. - (a) There is created the Alabama Shortline Railroad Infrastructure Rehabilitation...

Section 37-10A-5 - Determination of Needs; Financial Assistance. - The department shall establish a program under this chapter whereby...

Chapter 11 - Rapid Rail Transit Compact.

Section 37-11-1 - Execution and Text of Compact. - The Governor, on behalf of this state, is hereby authorized...

Chapter 11A - Northeast Mississippi - Northwest Alabama Railroad Authority Compact.

Section 37-11A-1 - Execution and Text of Compact. - The Governor, on behalf of this state, shall execute a...

Chapter 11B - Alabama Capital Assistance Stimulus for Rail Projects Act of 2009.

Section 37-11B-1 - Short Title. - This chapter shall be known and may be cited as...

Section 37-11B-2 - Legislative Findings. - The Legislature finds and determines that: (1) There exists in...

Section 37-11B-3 - Definitions. - For the purposes of this chapter, the following words and...

Section 37-11B-4 - Program to Promote Passenger Rail Travel and Service. - ADECA with the assistance of the commission shall establish and...

Section 37-11B-5 - Actions in Accordance With State Rail Plan or Studies. - (a)(1) Based on information gathered in the State Rail Plan...

Section 37-11B-6 - Railroad Revitalization Fund Development of State Rail Plan. - (a) There is established in the State Treasury a revolving...

Chapter 11C - Railroad Modernization Act of 2019.

Section 37-11C-1 - Short Title. - This chapter shall be known and may be cited as...

Section 37-11C-2 - Definitions. - THIS SECTION WAS AMENDED BY ACT 2022-341 IN THE 2022...

Section 37-11C-3 - Standards for Approval of Qualified Railroad Rehabilitation Expenditures; Application for Tax Credits; Completion of Project; Tax Credit Certificate; Fees; Annual Report. - THIS SECTION WAS AMENDED BY ACT 2022-341 IN THE 2022...

Section 37-11C-4 - Allowance and Claim of Tax Credits; Railroad Rehabilitation Income Tax Credit Account; Written Transfer Agreements. - THIS SECTION WAS AMENDED BY ACT 2022-341 IN THE 2022...

Section 37-11C-5 - Rulemaking Authority; Applications for Reservation of Tax Credits. - THIS SECTION WAS AMENDED BY ACT 2022-341 IN THE 2022...

Section 37-11C-6 - Duration of Tax Credits. - THIS SECTION WAS AMENDED BY ACT 2022-341 IN THE 2022...

Chapter 12 - Development of Cogeneration Facilities.

Section 37-12-1 - Short Title. - This chapter shall be known and may be cited as...

Section 37-12-2 - Declaration of Public Policy. - It is hereby declared to be the public policy of...

Section 37-12-3 - Rules and Regulations Governing. - In furtherance of the policy set forth in Section 37-12-2,...

Section 37-12-4 - Implementation of Chapter by Alabama Public Service Commission. - The Alabama Public Service Commission ("the commission") is hereby authorized...

Section 37-12-5 - Purchase of Coal Produced in Alabama Required. - In order to enforce the provisions of this chapter, a...

Chapter 13 - Incorporation of Railroad Authorities as Public Corporations.

Section 37-13-1 - Definitions. - When used in this chapter, unless the context plainly indicates...

Section 37-13-2 - Authority and Procedure to Incorporate. - Pursuant to this chapter, authorities may be organized as public...

Section 37-13-3 - Certificate of Incorporation - Contents. - The certificate of incorporation of an authority shall state; (1)...

Section 37-13-4 - Certificate of Incorporation - Execution and Recordation. - The certificate of incorporation of an authority shall be signed...

Section 37-13-5 - Board of Directors of Authority. - Each authority shall be governed by a board of directors...

Section 37-13-6 - Officers of Authority. - The officers of the authority shall consist of a chairman,...

Section 37-13-7 - Powers of Authority Generally. - Each authority shall have the following powers, together with all...

Section 37-13-8 - Acceptance, etc., of Federal and State Aid Authorized. - Each authority is authorized to accept, receive, receipt for, disburse...

Section 37-13-9 - Cooperation of Cities, Counties, Etc. - For the purpose of aiding and cooperating with an authority...

Section 37-13-10 - Suits Against Manager or Director of Authority. - No action or suit shall be brought or maintained against...

Section 37-13-11 - Bonds of Authority - Generally. - Each authority shall have the power and is hereby authorized...

Section 37-13-12 - Bonds of Authority - Execution. - All bonds shall be signed by the chairman or vice-chairman...

Section 37-13-13 - Bonds of Authority - Security. - In the discretion of the authority any bonds may be...

Section 37-13-14 - Bonds of Authority - Disposition of Proceeds From Sale of Bonds. - The proceeds derived from the sale of any bonds (other...

Section 37-13-15 - Bonds of Authority - Refunding Bonds. - An authority may at any time and from time to...

Section 37-13-16 - Bonds of Authority - Exemption From Taxation. - The bonds issued by an authority and the income therefrom...

Section 37-13-17 - Investment of County and Municipal Funds in Bonds of Authority. - The governing body of any county, city or town within...

Section 37-13-18 - Eligibility of Bonds as Investments for Trust Funds. - Bonds issued under the provisions of this chapter are hereby...

Section 37-13-19 - Notice of Bond Resolution. - Upon the adoption by the board of any resolution providing...

Section 37-13-20 - Exemption From Contracting and Purchasing Laws and From Certain Public Service Commission Jurisdiction. - Authorities organized pursuant to this chapter shall be exempt from...

Section 37-13-21 - Dissolution of Authority. - At any time when no bonds of an authority are...

Chapter 14 - Service Territories for Electric Suppliers.

Article 1 - 1984 Act.

Section 37-14-1 - Legislative Declarations, Findings, Etc. - The Legislature of the State of Alabama has investigated the...

Section 37-14-2 - Definitions. - As used in this article, the following terms shall have...

Section 37-14-3 - Electric Service Outside Existing Municipal Limits. - Except as otherwise provided in subdivisions (2), (3), and (4)...

Section 37-14-4 - Primary Supplier's Option to Acquire Facilities Within Existing Municipal Limits. - The primary electric supplier within each municipality shall, at its...

Section 37-14-5 - Distribution Facilities. - The term "distribution facilities" as used in Section 37-14-4 shall...

Section 37-14-6 - Resolution of Disputes Regarding Purchases of Facilities, Etc. - In the event that a dispute should arise between two...

Section 37-14-7 - Applicability of Certain Provisions of Title 37. - With respect to any sale of facilities consummated pursuant to...

Section 37-14-8 - Exemptions. - The separate agreements listed below which have heretofore been entered...

Section 37-14-9 - Action for Injunction or Damages for Violation of Article Authorized; Procedure. - (a) If an electric supplier commences construction of facilities in...

Section 37-14-10 - Authorization for Validation, etc., of Provisions of Article; Procedure. - In order to foster and encourage the underlying policies of...

Section 37-14-11 - Judicial Determination of Legality, etc., of Article - Filing of Complaint. - At any time subsequent to April 26, 1984, an affected...

Section 37-14-12 - Judicial Determination of Legality, etc., of Article - Contents of Complaint; Order and Notice of Hearing to Show Cause; Intervention. - (a) The complaint by appropriate allegations, references and/or exhibits shall...

Section 37-14-13 - Judicial Determination of Legality, etc., of Article - Hearing; Entry of Judgment; Appeals. - At the time and place designated in said order, the...

Section 37-14-14 - Judicial Determination of Legality, etc., of Article - Finality of Judgment. - If the circuit court shall enter a judgment validating and...

Section 37-14-15 - Judicial Determination of Legality, etc., of Article - Costs of Proceedings. - The court costs in any proceeding brought under this article...

Section 37-14-16 - Applicability of Article. - No action shall be commenced challenging the legality or validity...

Section 37-14-17 - Severability. - The provisions of this article are not severable. If any...

Article 2 - 1985 Act.

Section 37-14-30 - Declaration of Findings and Policy; Relationship to 1984 Act. - The Legislature of the State of Alabama has investigated the...

Section 37-14-31 - Definitions. - As used in this article the following terms shall have...

Section 37-14-32 - Electric Service Outside Existing Municipal Limits. - Except as otherwise provided in subdivisions (2), (3), (4) and...

Section 37-14-33 - Retail Electric Service Within Municipalities. - (a) Primary supplier's option to acquire facilities within existing municipal...

Section 37-14-34 - Resolution of Disputes as to Sales or Purchases of Facilities. - In the event that a dispute should arise between two...

Section 37-14-35 - Applicability of Certain Provisions of Title 37. - With respect to any sale of facilities consummated pursuant to...

Section 37-14-36 - Special Rules for Elimination of Duplication. - The separate agreements listed below which have heretofore been entered...

Section 37-14-37 - Provision of Retail Electric Service in Violation of Article. - (a) If an electric supplier commences construction of facilities in...

Section 37-14-38 - Validation Procedure; Authorization for Validation of Provisions of Article. - In order to foster and encourage the underlying policies of...

Section 37-14-39 - Effect of Any Ruling of Invalidity. - If any part of Section 37-14-32, Section 37-14-33 or Section...

Section 37-14-40 - Repealer; Actions Taken Pursuant to Inconsistent Provisions. - Except as provided in this section, all laws or parts...

Chapter 15 - Notification of Excavation or Demolition Operations.

Section 37-15-1 - Purpose and Intent. - The purpose of this chapter is to safeguard against injury...

Section 37-15-2 - Definitions. - As used in this chapter the following words have the...

Section 37-15-3 - Prohibition. - No person shall excavate in a street, highway, public easement,...

Section 37-15-4 - Notice of Intent to Excavate or Demolish. - (a) A permit issued pursuant to law authorizing excavation or...

Section 37-15-4.1 - Design or Survey Locate Requests. - THIS SECTION WAS AMENDED BY ACT 2019-407 IN THE 2019...

Section 37-15-5 - Underground Damage Prevention Program. - (a) Until January 1, 2027: (1) Operators who have underground...

Section 37-15-6 - Response to Notice of Intent to Excavate or Demolish. - (a)(1) Each operator served with notice in accordance with Section...

Section 37-15-7 - Emergency Excavation or Demolition. - (a) Compliance with the notice requirements of Section 37-15-4 is...

Section 37-15-8 - Precaution to Avoid Damage. - In addition to the notification requirements of Section 37-15-4, each...

Section 37-15-9 - Excavation or Demolition Damage. - (a) Each person responsible for any excavation or demolition operation...

Section 37-15-10 - Penalties. - (a) Any person who violates this chapter, or the rules...

Section 37-15-10.1 - Underground Damage Prevention Authority. - (a) The Underground Damage Prevention Authority is created for the...

Section 37-15-10.2 - Violations; Complaints; Dispute and Hearing; Judicial Review. - (a) Any person who violates this chapter may be reported...

Section 37-15-11 - Liberal Construction. - The provisions of this chapter shall be liberally construed as...

Chapter 16 - Broadband Using Electric Easements Accessibility Act.

Section 37-16-1 - Short Title. - This chapter shall be known and may be cited as...

Section 37-16-2 - Legislative Findings. - (a) The Legislature finds and declares the following: (1) More...

Section 37-16-3 - Definitions. - As used in this chapter, the following terms shall have...

Section 37-16-4 - Powers of Electric Providers; Access to Broadband System; Rate Methodology and Terms of Access; Limitations; Annual Report. - (a) To the extent not otherwise authorized by law, and...

Section 37-16-5 - Effect of Chapter on Service Territories for Electric Suppliers. - In no event does this chapter authorize any electric provider...

Section 37-16-6 - Costs Charged for Construction, Installation, Maintenance, etc., of Broadband System. - An electric provider may charge a broadband affiliate or an...

Section 37-16-7 - Civil Action by Owner of Interest in Real Property Subject to Easement; Damages; Condemnation; Receipt of Rights by Grant or Agreement; Motice of Installation; Liability. - (a) If the owner of an interest in real property...

Section 37-16-8 - Construction of Chapter. - (a) Nothing in this chapter shall interfere with the commission's...

Section 37-16-9 - Allocation and Accounting of Marginal Costs Related to Nonutility Support Services; Investments In, Loans To, Leases With Broadband Affiliates. - (a) An electric provider providing broadband services shall fully allocate...

Section 37-16-10 - Limitation of Source of Funds. - In no event shall funds be appropriated from the Education...

Chapter 17 - Small Wireless Facilities

Section 37-17-1 - Definitions. - When used in this chapter, the following words shall have...

Section 37-17-2 - Rights of Authorities Regarding Small Wireless Facilities and Associated Poles. - (a) An authority may not deny a wireless provider the...

Section 37-17-3 - Exemption From Zoning Review or Approval; Application Procedures; Permits. - (a) Subject to the limitations established in this chapter, small...

Section 37-17-4 - Collocation of Small Wireless Facilities; Performance of Make-Ready Work; Costs. - (a) Subject to Sections 37-17-2, 37-17-3, and 37-17-5, an authority...

Section 37-17-5 - Permit Application Fees; Access Rates. - (a) Application fees for permits for small wireless facilities shall...

Section 37-17-6 - Chapter Inapplicable to Certain Entities. - (a) This chapter does not apply to any poles or...

Section 37-17-7 - Liability of Authorities. - (a) An authority exercising its authority established by this chapter...

Section 37-17-8 - Insurance Requirements. - (a) Except as authorized under subsection (b), during the period...

Section 37-17-9 - Removal, Relocation, Change, etc., of Small Wireless Facilities; Written Order; Failure to Comply. - (a) An authority may order a wireless provider to remove,...

Section 37-17-10 - Construction and Application of Chapter. - (a) Nothing in this chapter shall be interpreted to allow...

Section 37-17-11 - Exemptions From Chapter. - This chapter does not apply to an authority that has...

Section 37-17-12 - Construction With Federal Regulations, Rulings, etc.; Application Denials by Alabama Department of Transportation. - (a) Where this chapter is divergent with any regulations, rulings,...

Chapter 18 - Utility Services.

Section 37-18-1 - Definitions. - For the purposes of this chapter, the following terms shall...

Section 37-18-2 - Prohibition Against Restricting Use of a Utility Service by a Provider Authorized to Do Business in Alabama. - Except as otherwise provided in this chapter, no governmental entity...

Section 37-18-3 - Exercise of Police Powers; Licenses and Permits; Propane Regulations. - Nothing in this chapter shall be construed as affecting a...

Section 37-18-4 - Relation to Rules of Alabama Public Service Commission. - Nothing in this chapter shall be deemed to affect the...

Section 37-18-5 - Relation to Chapter 14. - Nothing in this chapter shall be deemed to amend, alter,...

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Code of Alabama Title 37 - Public Utilities and Public Transportation.

Code of Alabama
Title 37 - Public Utilities and Public Transportation.