(a)The Legislature of Alabama finds and declares the following:
(1)Electric transmission infrastructure is critical to the economic growth and well-being of this state and Alabama has an immediate need to expand and facilitate such investment for the benefit of its residents.
(2)Public rights-of-way provide essential corridors and paths for electric transmission infrastructure.
(3)Prompt issuance of permits for electric transmission infrastructure of electric providers in public rights-of-way will provide the needed support to industrial growth, job creation, and economic development, particularly in rural and underserved areas.
(b)No state-controlled road shall be dug up or used for laying pipelines, pole lines, sewers, railways, or for other similar purposes without the written perm
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(a) The Legislature of Alabama finds and declares the following:
(1) Electric transmission infrastructure is critical to the economic growth and well-being of this state and Alabama has an immediate need to expand and facilitate such investment for the benefit of its residents.
(2) Public rights-of-way provide essential corridors and paths for electric transmission infrastructure.
(3) Prompt issuance of permits for electric transmission infrastructure of electric providers in public rights-of-way will provide the needed support to industrial growth, job creation, and economic development, particularly in rural and underserved areas.
(b) No state-controlled road shall be dug up or used for laying pipelines, pole lines, sewers, railways, or for other similar purposes without the written permit of the State Department of Transportation, and the work shall be done only in accordance with the rules prescribed by the department.
(c) The permittee shall pay the cost of replacing the road in as good condition as it was before the permitted work was done. An applicant for a permit under this section shall furnish the state with a cash deposit or certified check upon a solvent bank or surety bond from a guaranty company qualified to do business in Alabama, in the amount required by the department, conditioned that the sum is to be forfeited to the state in the event that the road is not placed in as good condition as it was prior to the permitted work being done, within 15 business days from the time the permitted work is completed.
(d)(1) Upon the receipt of an application of an electric provider for a permit relating to electric transmission facilities, the department shall determine whether the application is complete. If the application is not complete, the department, within 14 business days after receiving the application, shall respond to the applicant in writing with a description of any deficiency in the application.
(2) Within 35 business days after receiving from an electric provider a completed application for a permit relating to electric transmission facilities, the department shall approve or deny the application; provided, however, the department may exercise a one-time, 10-business-day extension for its consideration of the application for a permit upon written notice to the applicant.
(3) Unless waived by the applicant, if the department fails to approve or deny the application for a permit within the required period under subdivision (2), the requested permit shall be deemed approved by the department upon the posting of the deposit or bond required by subsection (c).
(4) In the event that the application for a permit is denied, the applicant, within 10 business days, may request review by the director, in which event the director, within 10 business days, shall render a decision in writing either affirming or reversing the permit denial, along with the reasons for any permit denial.
(e) Nothing in this section shall be construed to require the department to acquire rights-of-way to accommodate an electric provider’s electric transmission facilities.
(f)(1) For purposes of this section, “electric provider” has the same meaning as provided in Section 37-16-3. The term includes the Tennessee Valley Authority and includes an authority as defined in Section 11-50A-1.
(2) For purposes of this section, “electric transmission facilities” means facilities distributing or transmitting electricity at voltages of 40,000 volts or greater.
(g) In any condemnation action tangential to an application for a permit under this section, on motion from the plaintiff, the circuit court shall enter an order assigning the case to the expedited track and shall ensure resolution as expeditiously as feasible.