SB 168 — Municipalities, commercial development authorities, project defined to include single commercial enterprises
Last action — Enacted as 2024-99
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced April 18, 2024. Enacted.
Signed by Governor Kay Ivey (Republican) on April 18, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Counties & Municipalities
Bill Text
What changed in the latest version
138 added · 209 removedPlain-language change summary
The recent amendment to SB 168 clarifies the definition of a "project" to explicitly include single commercial enterprises, which enhances municipalities' ability to support individual businesses. Additionally, it allows for the awarding of site development grants, aimed at facilitating economic growth. These changes are important because they provide local governments with more tools to foster economic development and attract businesses to their areas, potentially leading to job creation and community enhancement.
I SB168 ENROLLED S3168SB168 A C T #2024 - A Q 4WB53I3-2 SvBy Senator Weaver RFD:
CouneyCounty and Municipal Government First Read:
27-Feb-24 Page 0 SB168 EEnrolled n rolled Enrolled, An AAct, ct, 3 Relating to economic development;
to amend Section 11-54-171 of the Code of Alabama 1975, authorizing municipalities to authorize the incorporation of commercial development authorities in rhethe municipality;
coto further define project to include a single commercial enterprise;
to amend Section 41-10-47.04 of chethe Code of Alabama 1975, authorizing the awarding of site development grants;
SEBE IT ENACTED BY THE LEGISLATURE OEOF ALABAMA:
"§11-54-171 IS The following words and.phrasesand phrases used in this article shall, in the absence of clear implication otherwise, be given the following interpretations:
A person who files a written application with the governing body of any municipality in accordance with Section 11-04-173.11-54-173.
Any municipality the governing body of which shall have adopted an authorizing resolutionresolution. .
A resolution adopted by the governing body of any municipality in accordance with SectiotnSection 11-54-173, that authorizes the incorporation of an authority.
Includes bonds.bonds, notes, and certificates representing an obligation to pay money.
notes,(7) andCOUNTY. certificates representing an obligatio.n to pay money.
(7)COUNTY.Any county in the state.
Any county in the-state.
(9) governingGOVERNING bBODY. o d,ywith respect to a municipality, its city or town council, board of commissioners, or other like governing body.
With respect to a municipality, its city or town council, board of commissioners, or other like governing body.
(12) PePERSON. r s,ounless limited to a natural person by the context in which it is used, includes a public or private corporation.
Unless limited to a natural person by the context in which it is used, includes a public or private corporation, limited liability company or partnership, a municipality or county.county, or an agency, department, or instrumentality of the state or of a county or municipality.
or an agency, department.
or instrumentality of the state or of a county or municipality.
The place at which the certificate of incorporation and a.mendmentsamendments thereto, the bylaws, and the minutes of the proceedings of the board of an authority are kept.
(14) POPOLLUTION. eLUTION.
The placing, whether by emission, dischargedischarge, ,leakage, leakage.or other means, of any noxious or deleterious noise or substance into any air or water of, in, or adjacent to the Page 2 SB168 Enrolled State of Alabama.
or other means, of any noxious or deleterious noise or substance into any air or water of.
in, or adjacent to the Page 2 SB168 E n rolled sta te of Alabama.
cc. .
The affecting of any air or water so as to render or be likely to render the air or water.water, or the use of either for domestic, industrial, agricultural, or recreational purposes, hazardous, inimical, or harmful to the health, safety, or welfare of human beings, animals, birds, aquatic creatures, or any of them, or to the existence or growth of vegetation.
or the use of either for domestic, industrial, agricultural.
or recreational purposes.
hazardous , inimical , or harmful to the health.
safety, or welfare of human beings.
animals, birds.
aquatic creatures, or any of them, or to the existence or growth of vegetation.
Any land, building, structure.structure, machinery, or equipment having to do with or designed for or the end purpose of which is the control, reduction, abatement, or prevention of air, noise, water, or general environmental pollution, including, but not limited to, the following:
machinery,Any orair equipmentpollution havingcontrol tofacility, donoise withabatement, or designedreduction forfacility, orwater themanagement endfacility, purposewater ofpurification whichfacility, iswaste thewater control.collecting system, waste water treatment works, or solid waste disposal facility.
reduction.
abatement, or prevention of air.
noise, water.
or general environmental pollution, including.
Show all 127 changed lines (87 more)
but not limited to.
the following:
Any air pollution control facility.
noise abatement, or reduction facility, water management facility.
water purification facility.
waste water collecting system.
waste water treatment works.
or solid waste disposal facility.
Any land and any building or other improvement thereon and all real and personal properties deemed necessary in connection therewith, whether or not now in existence.existence, which shall be suitable for use by the following or by any combination of two or more of the following:
which shall be suitable for use by the following or by any combination of two or more of the following:
Any commercial enterprise engaged in the manufacturing.manufacturing, processing, assembling, storing, warehousing, distributing, or selling of any products of agriculture, mining, or industry.
processing.
assembling.
storing, warehousing.
distributing, or selling of any products of agriculcure.
mining.
or industry.
Any enterprise for rhethe purpose of research in Page 3 SB168 Enrolled connection with:
(ii) The development of new producesproducts or new processes.
(iii) The improvement of existing products or known processesprocesses. .
(iv) The development of facilities for the exploration of outer space -oror promotion of the national defense.
Any commercial enterprise engaged in selling, servicing, providing, or handling any policies of insurance or anvany financial services.
95 b.
Any land and any building or other improvement thereon and all real and personal property deemed necessary in connection therewith.therewith, whether or not now in existence, which shall be suitable for use as all or any part of the following:
whether or not now in existence, which shall be suitable for use as ail or any part of the following:
A ship canal, port or port facility, off-street parking facility, dock or dock facility, harbor facility.facility, railroad, monorail or tramway, railway terminal or railway belt line and switch.
railroad.
monorail or tramway.
railway terminal or railway belt line and switch.
A hotel.hotel, including parking facilities, facilities for meetings, and facilities suitable for rental to persons engaged in any business, trade, profession, occupation, or activity.
including parking facilities.
facilities for meetings.
and facilities suitable for rental to persons engaged in any business.
trade , profession, occupation, or activity .
.AA shopping center or si.milarsimilar facility suitable for use by two or more commercial enterprises engaged in any business, trade, profession, occupation, or activity.activity, Page 4 SB168 Enrolled provided, that a project shall not include facilities, other than office buildings or other buildings suitable for use as corporate headquarters, designed for the sale or distribution to the public of electricity, gas, water, or telephone, or other services commonly classified as public utilities.
Page 4 SB168 Enrolled provided, that a project shall not include facilities, other than office buildings or other buildings suitable for use as corporate headquarters, designed for the sale or distribution to the public of electricity.
gas , water.
or telephone, or other services commonly classified as public utilities.
A single commercial enterprise engaged in any business.business, trade, profession, occupation, or activity including, but not limited to, retail, restaurant, professional office, or other commercial enterprises deemed beneficial for job creation, workforce development, financial investment, and other beneficial purposes identified in the redevelopment plan of the authority.
trade, profession, occupation, or activity including, but not limited to.
retail.
restaurant , professional office, or other commercial enterprises deemed beneficial for job creation.
workforce development.
financial investment.
and other beneficial purposes identified in the redevelopment plan of the authority.
Section 41-10-4/.0441-10-47.04 of the Code of Alabama 1975, is amended to read as follows:
"§41-10-47.04 (a) A.nylocalAny local economic development organization may apply to the authority for a site develop.mentdevelopment grant.
(b) Before making a site development grant.grant, the authority shall make both of the following findings:
the(1) authorityThe shallsite makeis bothcomprised of at least 75 contiguous acres, provided that in addition to the following75 findings:contiguous acres, other proximate but noncontiguous property may be a part of the site.
(1)(2) The siteapplication isincludes comprisedproof ofthat atthe leastgrant 75funds contiguousthat acres,are providedapproved thatby inthe additionauthority towill be matched by funds on hand with, or contingently committed to, the 75applicant contiguoussuch acres.that one of the following is true:
otherPage proximate5 butSB168 noncontiguousEnrolled propertya. may be a part of the site.
(2)If Thethe application,site includesis prooflocated thatin thea granttargeted fundscounty thatwith area approvedpopulation byof less than 12,000, for every dollar of grant funds, the authorityapplicant will becontribute matchedtwenty-five bycents funds($0.25) onof handadditional with.funds.
or contingently committed to, the applicant such that one of the following is true:
Page 5 SB168 E nrolled a .
If the sits is located in a targeted county wish a population of less than 12,000, for every dollar of grant funds, the applicant will contribute twenty-five cents (SO.25) of additional funds .
If the site is located in a targeted county with a population of 12,000 or greater but less chanthan 60,000, for 147' every dollar of grant -funds,funds, the appiicancapplicant will contribute fifty cents ($0.50) of.additionalof additional funds.
cc. .
If the site is located in a county with a population of 60,000 or greater but less than 150,000, for evervevery dollar of grant funds, the applicant will contribute seventy-five cents ($0.75) of additional funds.
the applicant will contribute seventy-five cents ($0.75) of additional funds.
If the site is located in a county with a population.population of 150,000 or greater, for every dollar of grant funds, the applicant will contribute one dollar ($1) of additional funds.
of(c) 150,000The orauthority greater.may impose additional requirements with regard to the sites, including, but not limited to, environmental and geotechnical matters, as well as utility related and transportation related issues.
for every dollar of grant funds, the applicant will contribute one dollar ($1) of additional funds.
(c) The authority may impose additional requirements with regard to the sites.
including, but not limited tc.
environmental and geotechnical matters.
as well as utility related and transportation related issues.
(e) A commercial development authority project as defined in Section 11-34-111-54-171(16)b.(7) /I(16)b.shall not be eligible for a site development grant unless the proposed use of the site is to conduct a predominant activity described in Section 40-18-372(1).
(7)(f) shallThe notintent beof eligiblethis forsection ais to allow the Page 6 SB168 Enrolled authority to provide funds for site development grantconsistent unlesswith the proposedauthority’s useexisting ofpowers theto sitefinance isor topay conductfor a“project predominantcosts” activityas describedthat term is defined in Section 40-13-37241-10-44.2(7), (1).including, without limitation, site acquisition.
(f)This Thesubsection intent of this section is todeclaratory allovzof the PageLegislature’s 6intent SB168in Enrolledoriginally authorityenacting tothis providearticle fundsand forapplies siteretroactively developmentto consistent with the authority'soriginal existingeffective powersdate coof financethis orarticle." pay.for "project costs" as that term is defined in Section 41-10-44.2(7),3. including, without limitation.
siteThis acquisition.act shall become effective on October 1, 2024.
ThisPage subsection7 isSB168 declaratoryEnrolled ________________________________________________ President and Presiding Officer of the Legislature'sSenate intent________________________________________________ inSpeaker originallyof enactingthe thisHouse articleof andRepresentatives appliesSB168 retroactivelySenate to19-Mar-24 I hereby certify that the originalwithin effectiveAct d'ateoforiginated thisin articleand .’passed Sectionthe 3.Senate.
ThisPatrick actHarris, shallSecretary. become effective on October 1, 2024 .
Page 7 SB168 Enrolled President and Presiding Offi>*e of the Senate r \ n -TO / Speaker of the house of Representatives S3168 Senate 19-Mar-24 I hereby certify that the within Act originated in and passed the Senate .
Patrick Harris, Secretary .
i6-Apr-2416-Apr-24 Senate concurred in House amendment 18-Apr-24 By:
Senator Weaver APPROVEDPage TIME8 GOVEl ■frlabaSecretary OfState fi tNud....:£024-99 Bill Num..:
S-168 Reev’d 04/18/2A 0£:33pnKCW Page 3 <;
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Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
-
Enacted
Sponsors
- April Weaver · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on · 2 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| R | 71 | 0 | 0 | 0 |
| D | 25 | 0 | 0 | 3 |
| Total | 100 | 0 | 0 | 3 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (103)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| R | 70 | 0 | 0 | 1 |
| D | 24 | 0 | 0 | 4 |
| Total | 98 | 0 | 0 | 5 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (103)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| R | 68 | 0 | 0 | 3 |
| D | 25 | 0 | 0 | 3 |
| Total | 97 | 0 | 0 | 6 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (103)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 23 | 0 | 0 | 3 |
| D | 3 | 2 | 0 | 3 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 27 | 2 | 0 | 6 |
| % of votes cast | 77% | 6% | 0% | 17% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Not Voting |
| Linda Coleman-Madison | D | Nay |
| Merika Coleman | D | Nay |
| Robert Stewart | D | Not Voting |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Not Voting |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Not Voting |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Wes Kitchens | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 23 | 0 | 0 | 3 |
| D | 5 | 0 | 0 | 3 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 6 |
| % of votes cast | 83% | 0% | 0% | 17% |
How each member voted (35)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Yea |
| Kirk Hatcher | D | Not Voting |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Not Voting |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Not Voting |
| William M. Beasley | D | Yea |
| Andrew Jones | R | Yea |
| April Weaver | R | Yea |
| Arthur Orr | R | Not Voting |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Yea |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Not Voting |
| Jay Hovey | R | Not Voting |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Yea |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Wes Kitchens | R | Yea |
| Will Barfoot | R | Yea |
Subjects
Frequently asked questions
- What does SB 168 do?
- Counties & Municipalities
- Who sponsors SB 168?
- SB 168 is sponsored by April Weaver (R).
- What is the current status of SB 168?
- This bill has been enacted into law. Introduced April 18, 2024. Enacted.
- Where can I track SB 168?
- Track SB 168 free on One Click Politics — get push/email alerts when it moves.
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