Title 37 — Title 37

As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise; (1) ELECTRIC SUPPLIER. Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, fir…

Except as otherwise provided in subdivisions (2), (3), and (4) of this section in areas outside existing municipal limits (including areas annexed to municipalities on or after April 26, 1984), no electric supplier shall construct or maintain electric distribution lines for the p…

The Legislature of the State of Alabama has investigated the economic, financial and environmental impact associated with the potential for duplication of electric distribution facilities used for the furnishing of retail electric service. It has been determined that with respect…

As used in this article the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise; (1) ELECTRIC SUPPLIER. Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, firm…

Except as otherwise provided in subdivisions (2), (3), (4) and (6) but notwithstanding any other provision of this article, in areas outside existing municipal limits (including areas annexed to municipalities on or after April 26, 1984), no electric supplier shall construct or m…

(a) Primary supplier’s option to acquire facilities within existing municipal limits. - The primary electric supplier within each municipality shall, at its option, have the right to acquire all distribution facilities of any secondary electric supplier used to supply retail elec…

In the event that a dispute should arise between two or more electric suppliers in connection with the purchase of distribution facilities under Section 37-14-32 or Section 37-14-33, the primary electric supplier involved may petition the circuit court for the judicial circuit in…

With respect to any sale of facilities consummated pursuant to the provisions of this article, the provisions of Section 37-1-50 shall not be applicable to such sale or to the cessation by a utility of rendering service from such facilities involved in such sale. To the extent of…

The separate agreements listed below which have heretofore been entered into between, or negotiated between retail electric suppliers, have been reviewed by the legislature, determined to be in the public interest and found not to be inconsistent with the purposes and policies se…

(a) If an electric supplier commences construction of facilities in violation of the provisions of this article, any aggrieved electric supplier which is designated herein as the entity to provide such service (the “aggrieved electric supplier”) may petition the circuit court for…

Article. In order to foster and encourage the underlying policies of this article and to assure that sales and purchases of distribution facilities, and other transactions and actions authorized or allowed by this article may be conducted in good faith with a knowledge of the val…

If any part of Section 37-14-32, Section 37-14-33 or Section 37-14-36 of this article is declared invalid under the constitution or laws of this state, including invalidity as a result of impairing unconstitutionally the obligations of a municipal franchise, such declaration shal…

Limits. The primary electric supplier within each municipality shall, at its option, have the right to acquire all distribution facilities of any secondary electric supplier used to supply retail electric service within the existing municipal limits and shall have the right to se…

Except as provided in this section, all laws or parts of laws in conflict with the provisions of this article are hereby repealed. In the event, as a result of a final adjudication in Dixie Electric Cooperative, et al. vs. The Citizens of the State of Alabama, et al., Civil Actio…

The term “distribution facilities” as used in Section 37-14-4 shall include distribution lines and other facilities constructed or installed by the electric supplier in the area to which the purchase option applies, for the rendering of retail electric service except (i) meters, …

In the event that a dispute should arise between two or more electric suppliers in connection with the purchase of distribution facilities under Section 37-14-4, the primary electric supplier involved may petition the circuit court for the judicial circuit in which the distributi…

With respect to any sale of facilities consummated pursuant to the provisions of this article, the provisions of Section 37-1-50 shall not be applicable to such sale or to the cessation by a utility of rendering service from such facilities involved in such sale. To the extent of…

The separate agreements listed below which have heretofore been entered into between, or negotiated between retail electric suppliers, have been reviewed by the legislature, determined to be in the public interest and found not to be inconsistent with the purposes and policies se…

Procedure. (a) If an electric supplier commences construction of facilities in violation of the provisions of this article, any aggrieved electric supplier which is designated herein as the entity to provide such service (the “aggrieved electric supplier”) may petition the circui…

The purpose of this chapter is to safeguard against injury and loss of life due to excavation or demolition and to protect underground facilities from costly damage and the interruption of utility or other services to the general public. History: (Acts 1994, No. 94-487, p. 911, §…

AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) Any person who violates this chapter, or the rules adopted under this chapter, shall be subject to a civil penalty as follows: (1) For a first violation, the violator shall complete a course of…

[Effective until January 1, 2027.] AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) The Underground Damage Prevention Authority is created for the purpose of enforcing this chapter and for reviewing penalty provisions and the adequacy of the …

(Amended by 2026-255) [Effective until January 1, 2027.] AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) Any person who violates this chapter may be reported to the authority for the alleged violation. (b) The board shall develop and impleme…

The provisions of this chapter shall be liberally construed as to effectuate the purposes of this chapter and the operation of a “One-Call Notification System.” History: (Acts 1994, No. 94-487, p. 911, §11.)

AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. As used in this chapter the following words have the following meanings: (1) APPROXIMATE LOCATION OF UNDERGROUND FACILITIES. Information about an operator’s underground facilities which is provided…

No person shall excavate in a street, highway, public easement, private easement, or implied easement of an operator, or on property of an operator, or conduct blasting operations, or perform demolition activities in the near proximity of an operator’s underground facility withou…

[Effective until January 1, 2027.] AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to relieve a person from the responsibility for complying …

until January 1, 2027.] AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) Any person may submit a design or survey locate request to the One-Call Notification System. The design or survey locate request shall describe the tract or parcel of la…

(a) The excavator for an excavation project that qualifies for a complex or large project shall provide the underground facility operator, via the one-call notification system, with notice of the planned complex or large project not less than five working days prior to the planne…

[Effective until January 1, 2027.] AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) Until January 1, 2027: (1) Operators who have underground facilities within this state shall participate in and utilize the services of the One-Call Notificat…

2026-255) [Effective until January 1, 2027.] AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a)(1) Each operator served with notice in accordance with Section 37-15-4, with underground facilities in the area, shall mark or cause to be marked or…

(a) Compliance with the notice requirements of Section 37-15-4 is not required of persons responsible for emergency excavation or demolition; provided, however, that such person gives, before commencing or as soon as practicable thereafter, notice of the emergency excavation or d…

January 1, 2027.] AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. In addition to the notification requirements of Section 37-15-4, each person responsible for an excavation or demolition operation designated in Section 37-15- 3, when performing …

until January 1, 2027.] AMENDED BY ACT 2026-255, EFFECTIVE JANUARY 1, 2027. SEE ACTS FOR REVISED LANGUAGE. (a) Each person responsible for any excavation or demolition operation that results in any damage to an underground facility, immediately upon discovery of such damage, shal…

This chapter shall be known and may be cited as the Broadband Using Electric Easements Accessibility Act. History: (Act 2019-326, §1.)

In no event shall funds be appropriated from the Education Trust Fund under this chapter. History: (Act 2019-326, §1.)

(a) The Legislature finds and declares the following: (1) More advanced communication capabilities, broadband facilities, and services are needed in many rural and underserved areas of the state. (2) Electric providers in those rural and underserved areas are capable of providing…

As used in this chapter, the following terms shall have the following meanings: (1) ADVANCED COMMUNICATIONS CAPABILITIES. The communications capabilities defined from time to time as advanced telecommunications capabilities by the Federal Communications Commission (FCC) through r…

Methodology and Terms of Access; Limitations; Annual Report. (a) To the extent not otherwise authorized by law, and in addition to all other purposes, powers, and authority currently granted to electric providers under the laws of this state, an electric provider may do all of th…

In no event does this chapter authorize any electric provider to provide retail electric service outside of its electric service territory as determined under the applicable provisions of Chapter 14. Nothing in this chapter is intended to amend, repeal, enlarge, or otherwise affe…

Broadband System. An electric provider may charge a broadband affiliate or an unaffiliated person, including a broadband operator or broadband service provider, for the costs of the construction, installation, replacement, operation, use, and maintenance of the broadband system o…

Damages; Condemnation; Receipt of Rights by Grant or Agreement; Motice of Installation; Liability. (a) If the owner of an interest in real property subject to an electric easement contends that the owner’s property has been taken, injured, or destroyed by the construction, instal…

(a) Nothing in this chapter shall interfere with the commission’s authority to regulate public utilities under this title. Nothing in this chapter shall provide a basis for creating or granting jurisdiction to the commission over any electric providers or any broadband affiliate …

Support Services; Investments In, Loans To, Leases with Broadband Affiliates. (a) An electric provider providing broadband services shall fully allocate and properly account for all marginal costs, including the internal imputation of such costs when the electric provider does no…

When used in this chapter, the following words shall have the following meanings: (1) ANTENNA. An apparatus designed for the purpose of emitting radio frequency, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the…

(a) Nothing in this chapter shall be interpreted to allow any entity to provide communications services without compliance with all laws applicable to communications service providers. Nor shall this chapter be interpreted to authorize the collocation, installation, placement, ma…

This chapter does not apply to an authority that has entered into an agreement with a wireless provider, or that has adopted an ordinance or other resolution, relating to the permitting of small wireless facilities and poles in the rights-of-way of the authority before May 1, 202…

Denials by Alabama Department of Transportation. (a) Where this chapter is divergent with any regulations, rulings, or guidance provided by the Federal Highway Administration, the Alabama Department of Transportation shall follow the Federal Highway Administration requirements. (…

Associated Poles. (a) An authority may not deny a wireless provider the right, as a permitted use subject to Section 37-17-3 and the authority’s requirements not in conflict with this chapter or a then-existing final order of the Federal Communications Commission (FCC), to do eit…

Permits. (a) Subject to the limitations established in this chapter, small wireless facilities and associated poles are not subject to zoning review or approval if they are located in the right-of-way under the control of an authority and otherwise comply with this chapter and a …