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HB387 INTRODUCED
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HB387
RBQ7WYY-1
By Representatives Stringer, Brown, Shirey, Wilcox, Pringle
RFD: Ports, Waterways and Intermodal Transit
First Read: 05-Feb-26
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RBQ7WYY-1 01/21/2026 ZAK (L) ZAK 2026-379
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First Read: 05-Feb-26
SYNOPSIS:
Under existing law, a city council may
establish a board of water and sewer commissioners to
administer water and sewer systems for the city.
This bill would prohibit these boards from
restricting public recreation uses of a water body
owned or controlled by the board unless a substantial
public interest in doing so is demonstrated.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to boards of water and sewer commissioners; to
amend Section 11-50-343, Code of Alabama 1975; to prohibit the
boards from restricting public recreational uses of owned or
controlled water bodies unless a substantial public interest
in doing so is demonstrated; and to make nonsubstantive,
technical revisions to update the existing code language to
current style.
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current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 11-50-343, Code of Alabama 1975, is
amended to read as follows:
"§11-50-343
(a) Each board created under the provisions of this
article shall be deemed to be a public agency or
instrumentality exercising public and governmental functions
to provide for the public health and welfare, and each such
board is hereby authorized and empowered may do any of the
following :
(1) To adopt Adopt bylaws for the regulation of its
affairs and the conduct of its business ;.
(2) To adopt Adopt an official seal and alter the same
at its pleasure ;.
(3) To maintain Maintain an office at such a place or
places within the city as it may designate ;.
(4) To sue Sue and be sued in its own name ;.
(5) To acquire Acquire , purchase, lease as lessee,
construct, reconstruct, improve, extend, operate, and maintain
any water system or part thereof or any sewer system or part
thereof or any combination thereof within or without or partly
within and partly without the corporate limits of the city,
and to acquire by gift, purchase, or the exercise of the right
power of eminent domain lands or rights in land or water
rights in connection therewith and to acquire such personal
property as it may deem necessary in connection with the
construction, improvement, extension, enlargement, or
operation of any water system or sewer system and to hold and
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operation of any water system or sewer system and to hold and
dispose of all real and personal property under its control ;,
provided, that any proceedings to acquire property by the
exercise of the power of eminent domain shall be conducted and
the compensation to be paid shall be ascertained and paid in
the manner provided by the laws of the state then applicable
which relate to condemnation or the exercise of the power of
eminent domain by such the city;.
(6) To issue Issue revenue bonds of the board for any
of its corporate purposes, such the bonds to be payable solely
from revenues, and to refund its bonds, all as provided in
this article ;.
(7) To combine Combine the water system and the sewer
system as a single system for the purpose of operation and
financing ;.
(8) To fix Fix and revise from time to time and charge
and collect rates, fees, and charges for the use of or for the
services and facilities furnished by any system operated by
the board ;.
(9) To exercise Exercise jurisdiction, control, and
supervision over any water system or sewer system owned,
operated, or maintained by the board and to make adopt and
enforce such rules and regulations for the maintenance and
operation of any such system as may, in the judgment of the
board, may be necessary or desirable for the efficient
operation of such the system and for accomplishing the
purposes of this article ;.
(10) To make Make and enter into all contracts and
agreements as the board may determine which that are necessary
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agreements as the board may determine which that are necessary
or incidental to the performance of its duties and to the
execution of its powers under this article, and to employ such
consulting and other engineers, superintendents, managers,
construction and financial experts, accountants, and
attorneys , and such other employees and agents as it the board
may determine necessary in its judgment and to fix their
compensation ;, provided , however, that all such expenses shall
be payable solely from funds made available under the
provisions of this article ;.
(11) To enter Enter upon, use, occupy, and dig up, with
the consent of the city, any street, alley, road, highway, or
other public places necessary to be entered upon, used, or
occupied in connection with the acquisition, construction,
improvement, maintenance, or operation of any water system or
sewer system ;.
(12) To receive Receive and accept from any federal
agency grants for or in aid of the construction of any water
system or sewer system or part thereof and to receive and
accept aid or contributions from any source of either money,
property, labor, or other things of value to be held, used,
and applied only for the purposes for which such the grants or
contributions may be are made; and.
(13) To do Do all acts and things necessary or
convenient to carry out the powers expressly granted in this
article.
(b) All resolutions adopted or promulgated by the board
shall, as soon as practicable after their passage, shall be
recorded in a book kept for that purpose and be authenticated
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recorded in a book kept for that purpose and be authenticated
by the signature of the secretary or other administrative
officer authorized to authenticate such resolutions; and all
resolutions of a general or permanent nature shall be
published in some newspaper of general circulation in the
city, but if no such newspaper is published within the limits
of the city, such the resolutions may be published by posting
three copies thereof in three public places within the limits
of the city.
(c)(1) A board may restrict the public's recreational
use of, or close, a water body or portion thereof owned or
controlled by the board only upon providing evidence at a
public hearing conducted by the board demonstrating a
substantial public interest exists that requires restricting
or closing of the water body. The board shall notify the
public of the hearing at least 10 days before the hearing.
(2) The board may restrict the public's recreational
use of, or close, a water body or portion thereof owned or
controlled by the board for 90 days without conducting a
public hearing if, in the determination of the board, an
emergency exists that necessitates the restriction or closure.
After 90 days, the board shall conduct a public hearing as
provided for in subdivision (1).
(3) All restrictions or closures of a water body
pursuant to this subsection may be appealed to the circuit
court having jurisdiction over the county in which the board's
principle place of business is located.
(4) This subsection shall only apply to navigable
waterways within 50 miles of the Gulf of America which serve
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waterways within 50 miles of the Gulf of America which serve
as sources of drinking water. "
Section 2. This act shall become effective on October
1, 2026.
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