Section 45-25-260.04 – Financial Assurances.
Section 45-25-260.04 Financial assurances. (a) An applicant shall maintain financial assurance in an amount equal to the costs associated with the reclamation plan and the removal of abandoned or unused wind energy conversion systems. (b) In addition to the financial assurance required in subsection (a), an applicant shall maintain financial assurance in the amount of […]
Section 45-25-250.07 – Rates, Fees, and Charges.
Section 45-25-250.07 Rates, fees, and charges. Rates, fees, and charges for water, sewer, or garbage service rendered by the authority from any of its systems shall be so fixed and from time to time revised as at all times to provide funds at least sufficient to: (1) Pay the cost of operating, maintaining, repairing, replacing, […]
Section 45-25-260.05 – Certification, Safety, and Setback Requirements.
Section 45-25-260.05 Certification, safety, and setback requirements. (a) The safety of the design of all conversion system towers shall be certified by a licensed engineer with prior experience with wind energy conversion systems. The standard for certification shall be good engineering practices, including the requirement that the systems comply with all building and electrical codes […]
Section 45-25-250.08 – Planning, Development, Operation, etc., of Water, Sewer, or Garbage Systems.
Section 45-25-250.08 Planning, development, operation, etc., of water, sewer, or garbage systems. For the purpose of securing water, sewer, or garbage service or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement, operation, or protection of water, sewer, or garbage systems, any county, municipality or other political subdivision, public corporation, […]
Section 45-25-260.06 – Abandonment and Removal of System or Tower.
Section 45-25-260.06 Abandonment and removal of system or tower. A wind energy conversion system or tower that does not operate continuously for 365 consecutive days may be deemed abandoned and shall be removed by the operator of the system. The permit holder may request that the local governing body of DeKalb County delay the designation […]
Section 45-25-250.09 – Rights-of-Way.
Section 45-25-250.09 Rights-of-way. The authority is authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or of its agencies or departments or the county commission of any county and subject only to the necessity of obtaining the municipal consent required by Section 220 of […]
Section 45-25-260.07 – Construction of Part.
Section 45-25-260.07 Construction of part. This part shall not interfere with, abrogate, or annul any covenant or other agreement between any parties. However, if this part imposes a greater restriction upon the use of a wind energy conversion system than is imposed by another law, rule, regulation, covenant, or agreement, the more restrictive provision shall […]
Section 45-25-250.10 – Governmental Functions; Liability of Authority.
Section 45-25-250.10 Governmental functions; liability of authority. The furnishing of sewer and garbage service in conjunction with the water services by the authority as well as the furnishing of water services are declared to be a governmental function. The authority shall not be liable for any tort, whether negligent or wilful, committed by any director, […]
Section 45-25-260.08 – Jurisdiction and Regulation of Public Service Commission.
Section 45-25-260.08 Jurisdiction and regulation of Public Service Commission. To the extent that any applicant or owner of a wind energy conversion system undertakes business activities that cause it to be a utility or a commission non-jurisdictional electric supplier, the applicant or owner shall be subject to the jurisdiction and regulation of the Alabama Public […]
Section 45-25-250.11 – Exemption From Taxes, Fees, Etc.
Section 45-25-250.11 Exemption from taxes, fees, etc. The authority, the property and income of the authority, the income from bonds, conveyances by or to the authority, and leases, mortgages, and deeds of trust by or to the authority shall be exempt from all taxation in the State of Alabama. The authority shall not be obligated […]