Alabama § 37-4-160 - Definitions.

§ 37-4-160. Definitions.

For the purposes of this article the following terms have the following meanings:

(1) AFFILIATED SYSTEM. A sewer or wastewater system that is both under common ownership or control with a regulated sewer or wastewater entity and not subject to the jurisdiction of the Public Service Commission as of October 1, 2025.

(2) COMMON OWNERSHIP or CONTROL. Ownership, directly or through one or more affiliates, of 50 percent or more of the shares of stock entitled to vote for the election of directors, in the case of a corporation, or 50 percent or more of the voting equity interests in the case of any other type of legal entity, or status as a general partner in any partnership, or any other arrangement whereby an entity controls or has the right to control the selection of 50 percent or more of the board of directors, managing members, or equivalent governing body of a legal entity. An “affiliate” under the preceding sentence means any corporation, limited liability company, partnership, or other legal entity that directly or indirectly controls or is controlled by or is under common control with such entity.

(3) REGULATED SEWER OR WASTEWATER ENTITY. A privately owned sewer or wastewater management entity subject to the rate jurisdiction of the Public Service Commission as of October 1, 2025. The term includes, but is not limited to, any of the following:

a. A privately owned and operated wastewater system, as defined in Section 22–25B–1, that is required by Chapter 25B, Title 22, to be operated and maintained by a wastewater management entity certified by the Public Service Commission.

b. Any system subject to the jurisdiction of the Public Service Commission pursuant to Shelby County, Section 58-11.21(b) of the Constitution of Alabama of 2022.