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SB159 • 2026

Taxation; Energy use in commercial greenhouses, pivot irrigation systems, and poultry houses, exempt from utility gross receipts and utility service use tax

Taxation; Energy use in commercial greenhouses, pivot irrigation systems, and poultry houses, exempt from utility gross receipts and utility service use tax

Agriculture Energy Taxes Water
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Williams (JW)
Last action
2026-04-17
Official status
Enacted
Effective date
2026-09-01

Plain English Breakdown

The official bill specifies that the exemption applies when natural gas or electricity is used as 'fuel or energy' for heating, but it does not explicitly define what percentage of a facility's total usage must be dedicated to these purposes.

Tax Exemption for Energy Used in Specific Farming Operations

This law removes state taxes on natural gas and electricity used to power commercial greenhouses, poultry houses, pivot irrigation systems, and aquaculture aeration systems.

What This Bill Does

  • Exempts the sale of natural gas or electricity for specific farming uses from the utility gross receipts tax.
  • Removes the utility service use tax on energy purchased for storage or consumption in these same farming operations.
  • Lists commercial aquaculture aeration systems, greenhouses, pivot irrigation systems, and poultry houses as eligible facilities.
  • Excludes industrial hemp production and cannabis production from receiving this tax exemption.

Who It Names or Affects

  • Owners of commercial greenhouses who use natural gas or electricity for heating.
  • Operators of poultry houses using energy to heat their buildings.
  • Farmers running pivot irrigation systems powered by utility services.
  • Commercial aquaculture facilities that need aeration systems.

Terms To Know

Utility gross receipts tax
A tax charged to the company selling electricity or natural gas based on how much money they make from sales.
Utility service use tax
A tax charged directly to the customer who buys and uses electricity or natural gas.
Aquaculture aeration systems
Machines that add oxygen to water in fish farms so aquatic animals can breathe.

Limits and Unknowns

  • This tax exemption ends on August 31, 2029.
  • The law does not apply if the energy is used to grow industrial hemp or cannabis.
  • The text does not explain how much money farmers will save.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

MSAGLWH-1

R 900 • Williams

Adopted

Plain English: This amendment clarifies that the tax exemption for energy used in greenhouses and poultry houses does not apply to growing industrial hemp or cannabis.

  • Adds a rule stating natural gas and electricity cannot be exempt from taxes if they are used as fuel or energy to grow industrial hemp, hemp, or cannabis.
QNYKB14-1

R 900 • Williams

Adopted

Plain English: This amendment sets a specific end date for the tax exemption created by the bill.

  • The new law will stop working on August 31, 2029.
  • The provided text does not explain what happens to the tax rules after they end in 2029.
  • The amendment only changes when the law expires and does not change which farms get the tax break or how much money is saved.
SLUL177-1

R 902 • Williams

Adopted

Plain English: This amendment adds commercial aquaculture aeration systems to the list of agricultural operations that are exempt from certain utility taxes.

  • It includes natural gas and electricity used in commercial fish farming aeration systems for tax exemptions.
  • The bill now lists these new fish farming systems alongside greenhouses, irrigation pivots, and poultry houses.

Bill History

  1. 2026-04-17 Senate

    Enacted

  2. 2026-04-09 House

    Motion to Read a Third Time and Pass - Adopted Roll Call 1329 (Yeas 101, Nays 0)

  3. 2026-04-09 House

    Signature Requested

  4. 2026-04-09 Senate

    Delivered to Governor

  5. 2026-04-09 Senate

    Enrolled

  6. 2026-04-09 Senate

    Ready to Enroll

  7. 2026-04-07 House

    Read for the Second Time and placed on the Calendar

  8. 2026-04-07 House

    Reported Out of Committee Second House

  9. 2026-04-07 House

    Re-referred to Committee in Second House

  10. 2026-04-07 House

    Read for the Second Time and placed on the Calendar

  11. 2026-04-07 House

    Reported Out of Committee Second House

  12. 2026-03-19 House

    Pending Committee Action in Second House

  13. 2026-03-19 House

    Read for the first time and referred to the House Committee on Ways and Means Education

  14. 2026-03-17 Senate

    Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 903 (Yeas 30, Nays 1)

  15. 2026-03-17 Senate

    Williams motion to Adopt - Adopted Roll Call 902 (Yeas 34, Nays 0)

  16. 2026-03-17 Senate

    Williams motion to Adopt - Adopted Roll Call 900 (Yeas 34, Nays 0)

  17. 2026-03-17 Senate

    Williams motion to Adopt - Adopted Roll Call 901 (Yeas 34, Nays 0)

  18. 2026-03-17 Senate

    Third Reading in House of Origin (Yeas 34, Nays 0)

  19. 2026-03-17 Senate

    Engrossed

  20. 2026-03-17 Senate

    Williams 1st Amendment Offered

  21. 2026-03-17 Senate

    Finance and Taxation Education 1st Amendment Offered

  22. 2026-03-17 Senate

    Finance and Taxation Education 2nd Amendment Offered

  23. 2026-03-05 Senate

    Read for the Second Time and placed on the Calendar

  24. 2026-03-04 Senate

    Reported Out of Committee House of Origin

  25. 2026-03-04 Senate

    Finance and Taxation Education 2nd Amendment

  26. 2026-03-04 Senate

    Finance and Taxation Education 1st Amendment

  27. 2026-02-17 Senate

    Re-referred to Committee in House of Origin

  28. 2026-02-17 Senate

    Read for the Second Time and placed on the Calendar

  29. 2026-01-14 Senate

    Pending Committee Action in House of Origin

  30. 2026-01-14 Senate

    Read for the first time and referred to the Senate Committee on Finance and Taxation General Fund

Official Summary Text

This act amends Sections 40-21-83 and 40-21-103, Code of Alabama 1975, to exempt: (1) furnishing natural gas or electricity for commercial aquaculture aeration systems, commercial greenhouses, and pivot irrigation systems from the utility gross receipts tax; and (2) natural gas or electricity purchased for storage, use, or other consumption used for commercial aquaculture aeration systems, commercial greenhouses, pivot irrigation systems, and poultry houses from the utility service use tax.

Current Bill Text

Read the full stored bill text
SB159 ENROLLED
Page 0
SB159
7BY7N22-3
By Senators Williams, Sessions, Kitchens, Shelnutt, Roberts,
Woods, Bell, Price, Butler, Barfoot, Allen, Carnley, Melson,
Jones, Hovey, Kelley
RFD: Finance and Taxation General Fund
First Read: 14-Jan-26
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SB159 Enrolled
Page 1
First Read: 14-Jan-26
Enrolled, An Act,
Relating to the utility gross receipts tax and utility
service use tax; to amend Sections 40-21-83 and 40-21-103,
Code of Alabama 1975, to exclude the use of natural gas or
electricity in commercial aquaculture aeration systems,
commercial greenhouses, pivot irrigation systems, and poultry
houses from the taxes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 40-21-83 and 40-21-103 of the Code
of Alabama 1975, are amended to read as follows:
"§40-21-83
There are specifically excluded from the gross receipts
or gross sales of a utility, all revenues derived from any of
the following:
(1) The furnishing of utility services which the State
of Alabama is prohibited from taxing under the Constitution or
laws of the United States of America or the Constitution of
the State of Alabama of 2022 .
(2) The furnishing of utility services which are
otherwise taxed under Sections 40-23-1 to 40-23-36, inclusive.
(3) Wholesale sales.
(4) The furnishing of electricity, natural gas, or
domestic water for use or consumption by, in, or for the
direct production, generation, processing, storage, delivery,
or transmission of electricity, natural gas, or domestic
water.
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SB159 Enrolled
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water.
(5) The furnishing of electricity to a manufacturer or
compounder for use in an electrolytic or electrothermal
manufacturing or compounding process.
(6) The furnishing of natural gas to a manufacturer or
compounder as a chemical raw material in the manufacturing or
compounding of tangible personal property, but not as fuel or
energy.
(7) The furnishing of natural gas to be used by a
manufacturer or compounder to chemically convert raw materials
prior to the use of the converted raw materials in an
electrolytic or electrothermal manufacturing or compounding
process.
(8) The use or consumption of electricity by an
incorporated municipality, a board, or corporation organized
under the authority of any incorporated municipality in
furnishing or providing street lighting or traffic-control
systems; the use or consumption of telephone services by an
incorporated municipality in providing fire alarm systems; and
the use or consumption of domestic water by an incorporated
municipality in extinguishing fires, explosions, or
conflagrations.
(9)a. The furnishing of natural gas or electricity for
use or consumption as fuel or energy in and for the heating of
commercial aquaculture aeration systems, commercial
greenhouses, pivot irrigation systems, and poultry houses.
b. The exclusion provided in this subdivision shall not
include the furnishing of natural gas or electricity for use
or consumption as fuel or energy in the production of
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or consumption as fuel or energy in the production of
industrial hemp or hemp, as defined in Section 2-8-381, or
cannabis, as defined in Section 20-2A-3.
(10) The furnishing of utility services through the use
of a prepaid telephone calling card."
"§40-21-103
The storage, use, or other consumption of utility
services in the State of Alabama is hereby specifically
excluded from the tax herein levied:
(1) Whenever the State of Alabama is prohibited from
taxing such storage, use, or consumption under the
Constitution or laws of the United States of America or the
Constitution of the State of Alabama of 2022 ;
(2) Whenever any tax relating to the sale, use,
storage, or consumption of said utility services shall be
levied under the provisions of Article 2 of Chapter 23 of this
title, or under the provisions of Sections 40-23-1 through
40-23-36 or the Alabama Transaction Tax Act of 1992 if enacted
into law;
(3) Whenever the purchase of said utility services
shall have been at a wholesale sale;
(4) Whenever electricity, natural gas, or domestic
water shall have been used or consumed directly in or for the
production, generation, processing, storage, delivery, or
transmission of electricity, natural gas, or domestic water;
(5) Whenever electricity purchased for storage, use, or
other consumption is used or consumed by a manufacturer or
compounder in an electrolytic or electrothermal manufacturing
or compounding process;
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or compounding process;
(6) Whenever natural gas purchased for storage, use, or
other consumption is used or consumed by a manufacturer or
compounder as a chemical raw material in the manufacturing or
compounding of tangible personal property, but not as fuel or
energy;
(7) Whenever natural gas purchased for storage, use, or
other consumption is used by a manufacturer or compounder to
chemically convert raw materials prior to the use of such
converted raw materials in an electrolytic or electrothermal
manufacturing or compounding process;
(8) Whenever the sales price of said utility services
shall be included as a part of the gross receipts or gross
sales of a utility subject to the utility gross receipts tax
for the purpose of calculating the utility gross receipts tax
payable by said utility;
(9) Whenever electricity purchased for storage, use, or
other consumption is used or consumed in a process for the
isotopic enrichment of uranium and when said electricity is
purchased from a subsidiary corporation of the corporation
engaged in the isotopic enrichment of uranium; and
(10) Whenever utility services are furnished through
the use of a prepaid telephone calling card ; and
(11)a. Whenever natural gas or electricity purchased
for storage, use, or other consumption is used or consumed as
fuel or energy in commercial aquaculture aeration systems,
commercial greenhouses, pivot irrigation systems, and poultry
houses .
b. The exclusion provided in this subdivision shall not
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b. The exclusion provided in this subdivision shall not
include natural gas or electricity purchased for storage, use,
or other consumption as fuel or energy in the production of
industrial hemp or hemp, as defined in Section 2-8-381, or
cannabis, as defined in Section 20-2A-3. "
Section 2. The amendatory language proposed by this
act shall be repealed effective August 31, 2029.
Section 3. This act shall become effective on September
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB159
Senate 17-Mar-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 09-Apr-26
By: Senator Williams
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