Data-center projects undertaken under the specified constitutional economic-development powers require voter approval in Autauga, Bibb, Clarke, Franklin, Greene, Hale, and Lawrence Counties and their covered municipalities; Bullock County; municipalities in Blount, Fayette, and Geneva Counties; the City of Evergreen; and Calhoun County and its municipalities. The electorate and election procedures vary, and some provisions require advance notice.

In Baldwin, Barbour, Butler, Coffee, Crenshaw, and Covington Counties, a county or municipality using the specified economic-development powers to provide public credit, funds, or other value to a private entity must adopt a public-purpose finding by resolution at a public meeting. At least seven days beforehand, it must publish notice identifying the action, intended benefits, and recipient.

Under the industrial-development provisions for Baldwin, Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa Counties and their municipalities, development property generally cannot be sold below its actual purchase and development cost. A below-cost sale requires public-meeting approval, at least 14 days’ advance newspaper notice stating the property and price, and a final price no lower than advertised. Property acquired by eminent domain cannot be sold below the price set in the condemnation proceedings.

Under Amendments 429 and 596, covered counties and municipalities may not construct buildings for lease or sale; the covered authorities include Tuscaloosa County and Walker County.

Under Amendment 429, a municipality needs the county governing body’s prior consent by resolution to acquire property in an unincorporated area. A county or municipality also needs another county’s or municipality’s prior consent to acquire property located in that jurisdiction.

In Walker County, the county and covered municipalities cannot act under Amendment 596’s economic-development powers unless a majority of county voters voting in an election approves the authority.

Carbon Hill cannot make an economic-development commitment or undertake a project under Amendment 277 without approval by a majority of the municipality’s qualified voters. The election requires at least three successive weeks of published notice.

Haleyville, Double Springs, Addison, and Lynn each require approval by a majority of the respective municipality’s qualified voters before undertaking projects under their economic-development amendments. The election requires at least three successive weeks of published notice.

In the jurisdictions covered by Amendments 429 and 759, counties and municipalities may acquire and improve land for industrial sites or parks, including roads, drainage, sewers, waste-disposal systems, parking, and utilities, and convey the sites to businesses to build and operate facilities. The authority is limited to specified counties; some below-cost sales and acquisitions outside the jurisdiction are restricted. It does not add eminent-domain power or authorize residential construction.

In Lee County and Opelika, Montgomery County and Montgomery, Russell County and its municipalities, and Tallapoosa County and its municipalities, local governments may use public funds for industrial sites and supporting infrastructure, and may grant funds or lend credit to businesses for economic development. Assistance to a private entity requires a public-purpose finding at a public meeting and at least seven days’ prior published notice. A property disposition at fair market value is not treated as a grant.

Several county and municipal amendments authorize borrowing, bonds, development authorities, or special taxes to finance economic-development projects. Limits vary: some cap debt at 50% of assessed taxable property or special taxes at 2%; some require voter approval before a project or commitment. Specified Marengo County and Marion County provisions allow action without an election, subject to their stated requirements.

Madison County and Huntsville may acquire and convey industrial, commercial, and agricultural projects and issue bonds. Bond-funded projects generally require voter approval and rental income sufficient to cover debt service, but bonds for acquiring industrial sites are excepted. Outstanding bonds are capped at 20% of assessed property value.

A legislatively authorized Franklin County public authority may provide water, sewer, and broadband service, finance facilities, and acquire property through eminent domain. The county is not responsible for the authority’s bonds or obligations.

The Cumberland Mountain Water and Fire Protection Authority may provide natural-gas service and operate a natural-gas system within its Jackson County service area.

Washington County may create a port authority to develop and operate industrial sites, facilities, utility systems, roads, and related infrastructure; acquire property and easements, including through eminent domain; borrow and issue revenue-backed bonds; and lease or convey projects. Local governments may transfer property to the authority without a voter election. The authority, its property and income, and its bonds are tax-exempt, but lessees’ and concessionaires’ taxes are not covered. Its bonds are payable from specified authority revenues and are not county debt.

Winston County may establish an authority to obtain, treat, and supply water for commercial and industrial uses and provide fire-protection facilities or services. The authority may collect charges, use eminent domain, and issue bonds that are not county obligations.