SB 192 — Relating to use of industrial access roads and bridges; to amend Section 23-6-9, Code of Alabama 1975, to exclude certain industrial access roads constructed by certain public corporations from the public highway and street system of the state; to provide for certain roads to be considered an industrial access road for purposes of this chapter; and to make nonsubstantive, technical revisions to update the existing code language to current style.

SB192 INTRODUCEDENROLLED D76BHT-1D76BHT-2 By Senators Albritton, Elliott RFD:

11-Apr-23 2023 Regular Session Page 0 D76BHT-1SB192 04/07/2023Enrolled SLUEnrolled, (L)SLUAn 2023-987Act, 23 4Relating SYNOPSIS:to use of industrial access roads and bridges;

Under existing law, all roads and bridges constructed by certain public corporations established for this purpose, comprise part of the public highway and street system of the state.

This bill would provide that industrial access roads constructed by a public corporation and used for secured entry to an industrial facility shall not constitute a taking of public property.

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 use of industrial access roads and bridges;

to provide for certain roads to be considered an industrial access road for purposes of this chapter;

Page 1 SB192 INTRODUCED Section 1.

MoneysMonies on deposit in the industrial access road and bridge construction account shall be invested by the State Treasurer at the direction of the Page 1 SB192 Enrolled corporation in permitted investments which mature at such time or times as the corporation shall direct.

(b)(1) The proceeds from the sale of any refunding bonds of the corporation remaining after paying the expenses of their issuance shall be used only for the purpose of refunding outstanding bonds of the corporation and of paying any premium that may be necessary to be paid in order to Page 2 SB192 INTRODUCED redeem or retire the bonds to be refunded.

Page 2 SB192 Enrolled c.

Subject to the rules and regulations, and shall be let under the supervision of the Page 3 SB192 INTRODUCED State Department of Transportation.

95 (e) Any property acquired by the corporation by purchase, condemnation, or otherwise shall be acquired in the name of the state or shall be forthwith conveyed to the state.

However, a private facility may Page 3 SB192 Enrolled establish reasonable security controls on a constructed access roadway, in cooperation with local law enforcement agencies, for the protection of its facility and employees, including but not limited to an access gate, turn around lane, or enclosed structure.

(g) ThereNotwithstanding isany herebyother appropriatedprovision soof muchlaw ofto the bondcontrary, proceedsa asroad mayconstructed beby necessaryor for a business entity pursuant to an executed project agreement with the constructionstate ofin accordance with Section 40-18-374 shall be considered an 95 industrial access roadsroad and bridgesbridge infor thepurposes state."of Sectionthis 2.chapter and may be owned by the business entity.

(h) There is hereby appropriated so much of the bond proceeds as may be necessary for the construction of industrial access roads and bridges in the state." Section 2.

Page 4 SB192 Enrolled ________________________________________________ President and Presiding Officer of the Senate ________________________________________________ Speaker of the House of Representatives SB192 Senate 25-Apr-23 I hereby certify that the within Act originated in and passed the Senate.

Patrick Harris, Secretary.

House of Representatives Amended and passed:

31-May-23 Senate concurred in House amendment 31-May-23 By:

Senator Albritton Page 5