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The Data Center Divide

Autauga County

Slightly Anti-Data Center Policies

Autauga County’s measure allows some local governments to develop industrial land and support economic growth, but offers no data-center-specific incentives or protections; some actions require voter approval.

Rating from Alabama statewide as there are no scored current or future laws outside temporary restrictions for Autauga County.

Incentives

Land discountsGrants and cash rebatesPreferential financing

Businesses and other private recipients may receive donated property, public-money grants, and public credit support from Autauga County or its municipalities, subject to voter approval.

Specific to Autauga County only.

current law · County measure
Authorizes Autauga County and its incorporated municipalities, after voter approval, to promote industrial, commercial, and agricultural development by acquiring and conveying property and facilities, investing in businesses, and providing loans or public support under Amendment 183.Autauga County Constitutional Amendment 183 (1961)

What this means

The measure could modestly help data centers by allowing some local governments to develop land for industrial use and support economic development. The benefit is limited because it has no data-center-specific incentives or protections, and some actions require voter approval.

Timing

Ends
Jun 30, 1997

The restriction on the planning and zoning authority of affected Lee County municipalities expires on this date. The restriction on police jurisdiction does not have a stated expiration.

Restrictions & requirementsHide restrictions & requirements28
  • In unincorporated Baldwin County, wastewater utilities may be subject to uniform minimum standards for the design, placement, construction, operation, and maintenance of wastewater systems, including regulation of consumer and utility rates. The standards may also apply within a municipality’s extraterritorial jurisdiction.

  • In unincorporated Baldwin County, the Legislature may authorize taxes or fees on wastewater utilities of up to 5 percent of gross receipts from connection, collection, and treatment revenues to administer wastewater regulation.

  • In unincorporated Baldwin County, mandatory connection to a wastewater system may be required when service is reasonably available and the connection is considered necessary to protect public health, welfare, or the environment.

  • Property within the Stockton, Rosinton, Barnwell, or Canoe Landmark Districts may not be annexed into a municipality by local law, except by a municipality incorporated after the relevant amendment that includes part of the district.

  • In Baldwin County, the county’s supplementary governmental powers may not be exercised inside a municipality or another county except by contract with the affected municipality or county, potentially limiting county provision of services or facilities to a data center.

  • For certain economic-development actions involving public funds in Baldwin, Barbour, Butler, Coffee, and Crenshaw Counties, the county or municipality must adopt a resolution finding a valid and sufficient public purpose and publish notice at least seven days before the public meeting, describing the action, public benefits, and private beneficiaries.

  • In Autauga, Bibb, Clarke, Franklin, Greene, Hale, and other counties covered by similar economic-development amendments, an economic-development project may not proceed under the amendment until affected qualified electors approve it by majority vote, generally after publication of notice for at least three successive weeks before the election.

  • Economic-development powers in several counties are limited to acquiring or developing industrial sites and related facilities; some provisions prohibit constructing residential or other buildings for lease or sale under the amendment.

  • In approved fire-protection and emergency-medical-service districts in Tallapoosa County, each dwelling and commercial building may be charged a service fee. Creation of the district requires approval by a majority of voters in the proposed district, and unpaid charges may be enforceable under district rules.

  • In Tallapoosa County districts three and four, a voter-approved annual public-hospital property tax of up to 50 cents per $100 of assessed value may be levied.

  • In the Willow Point Estates area of Tallapoosa County, a road-maintenance district may impose annual charges on each lot after a referendum, with unpaid charges becoming a lien on the property.

  • In Tuscaloosa County, fire-fighting, fire-prevention, and garbage-collection districts require voter approval for creation unless territory is added through a petition signed by at least 70 percent of qualified electors. The districts may impose service charges on persons and property receiving services, and unpaid charges become liens on affected property.

  • In Tuscaloosa County, a special school tax of up to 50 cents per $100 of taxable property may be imposed in each school district only after approval by the district’s qualified electors.

  • In Tuscaloosa County, special educational property taxes of up to one-half of one percent may be imposed both outside and within the territory controlled by the City of Tuscaloosa’s board of education. Each tax requires voter approval, is limited to 30 years, and must be spent in the applicable school territory.

  • In Tuscaloosa County, a special property tax of up to 10 mills may be imposed for parks and recreation only after countywide voter approval.

  • In Walker County, a special road tax of up to 50 cents per $100 of taxable property requires voter approval and may be imposed for public roads, bridges, and ferries.

  • In Walker County, a special public-school tax of up to one-half of one percent of taxable property requires authorization at an election and must be apportioned among county and city school systems.

  • In Walker County district two, a voter-approved annual public-hospital property tax of up to 50 cents per $100 of assessed value may be levied.

  • Before Walker County or a municipality wholly located in the county may use the constitutional economic-development powers to acquire, develop, or convey industrial sites or facilities, the authority must first be approved by a majority of county voters.

  • In Carbon Hill, any economic-development project using the constitutional powers, including acquiring or conveying property, issuing obligations, or levying special taxes, requires approval by a majority of municipal voters after at least three successive weeks of newspaper notice.

  • In Haleyville and Double Springs, any project using the constitutional economic-development powers requires approval by a majority of voters in the respective municipality after at least three successive weeks of published notice.

  • In Addison and Lynn, any project using the constitutional economic-development powers requires approval by a majority of voters in the respective municipality after at least three successive weeks of published notice.

  • In Washington County, an additional fire-protection tax of two mills is levied on assessed real and personal property, with the proceeds restricted to fire protection in the affected area.

  • In Washington County, a special courthouse-and-jail property tax of up to four mills may be imposed for no more than 20 years, but only after approval by county voters.

  • In Washington County, an additional public-school property tax of 50 cents per $100 may be levied only under the election requirements applicable to county school taxes.

  • In Wilcox County, an additional ad valorem tax of up to 10 mills is imposed on taxable property, with three mills allocated to public schools and seven mills to the county general fund.

  • In Winston County, a special public-school property tax of up to 50 cents per $100 requires approval by a majority of county voters.

  • In Winston County, a special hospital and public-health property tax of five mills may be imposed for up to 20 years only after approval by a majority of county voters at a referendum.

Benefits & exceptionsHide benefits & exceptions29
  • Economic-development entities in specified counties may acquire, improve, lease, sell, or convey industrial-park land and provide roads, drainage, sewers, waste-disposal systems, parking, utilities, and related infrastructure for industrial, commercial, research, or service facilities.

  • In Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa Counties, counties and municipalities may convey industrial-site property to industrial, transportation, distribution, warehouse, research, office, and related users. Residential buildings and university or college housing are excluded.

  • Tuscaloosa County and its municipalities may develop industrial sites with grading, roads, drainage, sewers, waste-disposal systems, parking, and utilities, and may convey them to private companies for industrial, transportation, distribution, warehouse, research, and related office facilities. Residential construction is not authorized.

  • Calhoun County and its municipalities may acquire and develop industrial sites and parks, install roads, drainage, sewers, waste-disposal systems, parking, and utilities, convey projects to industrial and research users, and grant public funds to development boards or authorities. Countywide voter approval is required unless already provided by the adopting vote.

  • Walker County and wholly located municipalities may acquire and improve industrial sites with roads, drainage, sewers, waste-disposal systems, parking, and utilities; convey them to private companies; and grant public funds to industrial-development boards, public corporations, or authorities. Countywide voter approval is required.

  • Counties and municipalities covered by the specified industrial-development provisions are exempt from Alabama Constitution Sections 93 and 94 when carrying out the authorized economic-development projects.

  • Lee, Montgomery, Russell, and Tallapoosa Counties and specified municipalities may use public funds to acquire, improve, and develop industrial sites or parks and may lend credit or grant public funds or other things of value to businesses. Assistance to private parties requires a public-purpose resolution at a public meeting and at least seven days' advance newspaper notice identifying the project, benefits, and recipient.

  • Etowah County and its municipalities may, without an election, acquire and improve property, grant public funds or credit, issue economic-development debt up to 50 percent of assessed taxable property, and create or use public authorities, corporations, agencies, or boards.

  • Marengo County and municipalities wholly within it may, without an election, acquire and develop economic-development property and facilities, grant public funds or things of value, issue debt up to 50 percent of assessed taxable property, and create public authorities. These activities are also exempt from Section 94 restrictions.

  • Autauga, Bibb, Clarke, Franklin, Greene, Hale, and other specified counties or municipalities may finance economic-development projects with bonds, warrants, notes, or other debt up to 50 percent of assessed taxable property, levy special taxes of up to two percent, pledge tax and project revenues for repayment, and create public authorities. These powers generally require approval by affected voters after published notice.

  • Lawrence County may acquire and develop industrial, commercial, or agricultural facilities, convey them to businesses, grant public money or credit, issue debt up to 50 percent of assessed taxable property, levy a special sales and use tax of up to one percent, pledge tax and project revenues to debt, and create a public authority, subject to the required approving election.

  • Lester, Uniontown, York, Livingston, Bayou La Batre, and municipalities in Marion or Pickens Counties may acquire and develop industrial or commercial property, convey it to businesses, grant public funds or credit, issue project debt up to 50 percent of assessed taxable property, levy special taxes up to two percent, and create development authorities, generally subject to voter approval.

  • Carbon Hill may acquire, construct, lease, or convey real property, plants, buildings, facilities, machinery, and equipment for industrial or commercial development; lend credit or grant public money or things of value; issue debt up to 50 percent of assessed taxable property; and levy special taxes of up to two percent to repay project debt. Each project requires majority voter approval after at least three weeks' published notice.

  • Haleyville, Double Springs, Addison, and Lynn may use economic-development tools including acquiring or conveying facilities and equipment, providing public funds or credit, issuing debt up to 50 percent of assessed taxable property, levying special taxes up to two percent, and creating development authorities. Projects require majority voter approval and published election notice.

  • Madison County and Huntsville may acquire, construct, lease, sell, or convey industrial, commercial, and agricultural projects and issue bonds, generally subject to voter approval, a 20-percent assessed-value limit on outstanding bonds, and project lease revenues sufficient to cover debt service.

  • Morgan County and the Cities of Hartselle and Decatur may acquire and develop industrial, commercial, and agricultural projects, install roads and utilities, convey projects to businesses, and issue bonds, generally subject to voter approval, a 20-percent assessed-value bond limit, and sufficient project rental revenues.

  • Hartselle may establish commercial development districts and finance commercial projects without an election through special or limited-obligation securities secured by incremental municipal sales and use tax revenues. Authorized infrastructure includes roads, utilities, storm-water sewers, drainage, and parking; residential, casino, and lottery facilities are excluded.

  • Marengo County and its municipalities may create public corporations to develop and commercially use inland waterways and related port facilities, including wharves, warehouses, utilities, and other infrastructure, and may establish a foreign trade zone.

  • Shelby County may undertake economic-development and tourism projects, public buildings, roads, utilities, water, sewage, and other infrastructure through ordinances or resolutions, subject to a 10-percent assessed-taxable-property debt cap and generally without exercising these powers inside a municipality without a contract.

  • Shelby County may create or support public service districts providing water, sewage, garbage, fire protection, emergency medical, and related services. The districts may impose rates and charges and issue debt without making Shelby County responsible for that debt.

  • Franklin County may establish a public authority providing water, sewer, broadband internet, and fire-prevention services. The authority may charge rates and fees, use eminent domain, borrow money, and issue bonds that are not obligations of Franklin County or counted against its debt limit.

  • A Marion County public water authority may obtain, treat, and furnish water for commercial and industrial uses, extend service into other counties, provide fire protection, and issue bonds that are not obligations of Marion County.

  • Baldwin County may provide or regulate garbage and solid-waste disposal, roads and streets, stormwater management, water development and distribution, public buildings, parking, and related infrastructure, and may adopt building, housing, plumbing, and electrical codes subject to public-hearing and publication requirements.

  • Baldwin County may regulate wastewater utilities in unincorporated areas through uniform design, construction, operation, maintenance, and rate standards; require connections when service is reasonably available; charge a regulatory fee of up to five percent of gross receipts; and use eminent domain for wastewater construction.

  • Washington County may create a port authority to construct, own, operate, lease, and maintain industrial and manufacturing sites, buildings, utilities, roads, rail systems, waste facilities, and related infrastructure, and to acquire needed land, easements, and rights-of-way through eminent domain.

  • The Washington County port authority may borrow and issue revenue bonds secured by facility revenues and property without making them county debt; its property, income, bonds, and bond income are exempt from Alabama taxation, although concessionaires and lessees remain subject to applicable taxes.

  • The Washington County port authority may purchase materials, equipment, supplies, and other personal property without complying with otherwise applicable state competitive-bidding laws, and Washington County or its municipalities may convey property to the authority without a voter-authorization election.

  • While Washington County port-authority bonds or other obligations remain outstanding, the county or a municipality may covenant not to acquire, construct, operate, or permit competing facilities.

  • In Limestone, Madison, and Lawrence Counties, municipal police jurisdictions and, in Limestone and Madison Counties, municipal planning and zoning authority generally do not extend beyond corporate limits, limiting municipal regulation outside city boundaries.

Sources

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