(a)(1) The Secretary of Commerce shall be notified in writing about the general parameters of a project if an entity is considering locating or expanding a facility at a site within this state and intends to claim any of the incentives provided by the State of Alabama that are described in subdivision (2) (the "required notification"). The required notification should be made as soon as the project's parameters are generally known or when a site or sites have been identified by a project entity or a visit is made to the State of Alabama by the project entity or its representative. The initial required notification may be made on an anonymous basis (i.e., "Project Alpha") in order to protect the confidentiality of a proposed project. Upon timely notifying the secretary within the time frame specified in this subdivision, the secretary shall transmit a letter to the project entity or its representative acknowledging receipt of the required notification (the "notification acknowledgment letter").
(2) The required notification set forth in subdivision (1) applies to any of the following:
a. The jobs credit provided for by Section 40-18-375.
b. The investment credit provided for by Section 40-18-376.
c. Any action by a local government body pursuant to Amendment 772 of the Constitution of Alabama of 1901, now appearing as Section 94.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, or local amendment of similar effect.
d. Any abatement of taxes pursuant to Chapters 9B or 9G of Title 40.
e. The port credit provided for by Section 40-18-403.
f. The growing Alabama credit provided for by Section 40-18-413.
g. Site preparation grants pursuant to Article 5 of Chapter 29 of this title.
h. Funding for access roads and bridges through the Alabama Industrial Access Road and Bridge Corporation pursuant to Chapter 6 of Title 23.
i. Training or other assistance from the Alabama Industrial Development Training Program.
j. Any grant of federal funds administered or otherwise involving any state or local government, agency, department, body, or other entity, related to the location or expansion of a facility at a site within this state.
k. Any direct or indirect cash payment for a project from the State of Alabama related to the location or expansion of a facility within this state, whether in the form of an in-kind contribution of a site, building, or equipment, or otherwise.
(3) Unless the secretary should specially determine to the contrary, the notification set forth in subdivision (1) shall be available for public inspection two years after a project entity publicly commits to a site for development, whether the publicly-committed site is in this state or elsewhere.
(b) Except as provided in Chapter 25A of Title 36 and any constitutional or statutory disclosure requirements for obtaining the economic development incentives listed in subdivision (2) of subsection (a), all information concerning a proposed project seeking an economic development incentive which is provided to any state or local government, agency, department, or other entity seeking an economic development incentive shall be confidential. Any state or local government, agency, department, or other entity, or the secretary on their behalf is authorized to enter into a confidentiality agreement with a project entity which prohibits the disclosure of the identity of the project entity and any information obtained, whether orally or in writing, about the entity's proposed project. Unless the secretary should specially determine to the contrary, such confidentiality agreements shall terminate two years after a project entity publicly commits to a site for development in this state.
Provided, however, such confidentiality agreements shall not supersede or conflict with statutory provisions requiring either of the following:
(1) Notice to the entities for which a governmental body or board intends to abate taxes.
(2) Public disclosure of information for applications for governmental approvals such as permits.
(c) The secretary may adopt rules to implement this section.
Last modified: May 3, 2021