Alabama § 40-17-168.5 - Surety Bond.

§ 40-17-168.5. Surety Bond.

(a) Upon approval of the application by the department, the applicant must file with the department a surety bond. The bond amount for an applicant for a license as a public seller of CNG/LNG or a fleet producer of CNG/LNG shall be a minimum of twenty-five thousand dollars ($25,000) or in the approximate amount of twice the average monthly tax liability, whichever is greater.

(b) The department shall review the bond amounts every five years beginning January 2023 to ensure that each public seller of CNG/LNG and each fleet producer of CNG/LNG has posted a surety bond sufficient to cover twice the average monthly tax liability as referenced in subsection (a). Based upon this review, or if at any time that the department determines that the bond amount is insufficient to cover twice the average monthly tax liability, the commissioner may require an additional surety bond from any licensee if:

(1) The commissioner determines that the surety on an existing bond is unsatisfactory;

(2) A surety notifies the department that it intends to cancel a bond as provided in subsection (d); or

(3) The commissioner, after reviewing the payment history of the licensee, determines that the existing bond of the licensee is insufficient in an amount to insure the prompt payment of all excise taxes that are due or may become due to the state by the licensee upon the sale or withdrawal of compressed natural gas or liquefied natural gas. However, in no case shall a new or additional bond be more than two months of average excise tax owed by the licensee.

(c)(1) The department shall notify a licensee at his or her last known address by first class U.S. mail or, at the option of the department, certified mail, return receipt requested, that it is requiring such new or additional bond for any reason as provided in subsection (b), and the licensee, within 60 days from the date the notice is mailed by the department, shall either:

a. File the new or additional bond as requested by the department; or

b. File a notice of appeal with the Alabama Tax Tribunal as allowed in Chapter 2A.

(2) The department may immediately cancel the licensee’s license upon the expiration of the 60-day period set out in subdivision (1) if the licensee fails to either provide the new or additional bond requested by the department or timely appeal to the Alabama Tax Tribunal.

(d)(1) Any surety on an existing bond furnished by a licensee may notify the department in writing of its intent to cancel the bond. The department shall immediately notify the licensee of the intent of the surety to cancel the surety bond, and the licensee shall have 60 days from the date the notice is mailed by the department to provide a sufficient replacement bond as requested by the department.

(2) The department may immediately cancel the licensee’s license upon expiration of the 60-day period set out in subdivision (1) if the licensee fails to either provide a new replacement bond as requested by the department or appeal the proposed revocation to the Alabama Tax Tribunal within the 60 days as allowed by Chapter 2A.

(3) The surety requesting to be released shall remain liable for any liability already accrued or which shall accrue during the 60-day period set out in subdivision (1), but shall not be responsible for any liability which accrues after the 60-day period.

(e) A surety providing a bond must be authorized to engage in business within this state. The surety bonds are conditioned upon faithful compliance with this article, including the filing of returns and the payment of all taxes prescribed in this article. The commissioner shall approve surety bonds that are sufficient in content and form, and the surety bonds shall indemnify the state against any loss arising from the failure of the licensee to pay, for any cause, the motor fuel excise tax levied by this article.

(f) A personal producer of CNG is not required to post a bond.