Code of Alabama - Title 41: State Government - Chapter 23 - Department of Economic and Community Affairs

• Article 1 General Consideration.
• Section 41-23-1 Creation; composition; transfer of functions, etc., to department
  There is hereby created and established the Department of Economic and Community Affairs within the Office of the Governor and directly under his supervision and...
• Section 41-23-2 Implementation of duties and functions by employees in classified service; salaries
  Present employees in the classified service of the state Merit System within each agency transferred in Section 41-23-1 whose job classifications are not abolished hereinafter,...
• Section 41-23-3 Transfer of appropriations to department
  All appropriations heretofore or hereafter made to: The Office of State Planning and Federal Programs, the Alabama Department of Energy, the Alabama Law Enforcement Planning...
• Section 41-23-4 Appointment of director; term of office; salary; qualifications; planning and programming by department
  (a) The Governor shall appoint a chief administrative officer to be designated as Director of the Department of Economic and Community Affairs. Such officer shall...
• Section 41-23-5 Establishment of divisions; appointment of division chiefs; oath of office; restrictions on employment; directors of merged agencies abolished; purpose of chapter
  (a) The Director of the Department of Economic and Community Affairs, with the approval of the Governor, may establish such division or divisions as may,...
• Section 41-23-6 Promulgation of rules and regulations
  The Director of the Department of Economic and Community Affairs may prescribe such reasonable rules and regulations for the conduct of its business and made...
• Section 41-23-7 Legislative oversight commission
  This section was amended and renumbered by Act 2015-450, effective June 11, 2015. It is now Section 41-29-400.
• Section 41-23-8 Traffic Safety Trust Fund established
  The Traffic Safety Trust Fund is established as a separate fund in the State Treasury. Upon appropriation by the Legislature, the fund shall be used...
• Article 2 Alabama Enterprise Zone Act.
• Section 41-23-20 Short title; legislative findings and purpose
  This article shall be cited as the "Alabama Enterprise Zone Act." The Legislature of Alabama hereby finds and declares that the health, safety, and welfare...
• Section 41-23-21 Definitions
  For purposes of this article, the following terms shall have the meaning hereinafter ascribed to them, unless the context clearly indicates otherwise: (1) COUNCIL. The...
• Section 41-23-22 Enterprise zones generally
  (a) The department shall establish criteria for qualifications of enterprise zones. These criteria shall not be in conflict with any provisions of federal enterprise zone...
• Section 41-23-23 Applications; selection of zones; Enterprise Zone Advisory Council
  Selection of zones and the general guidelines for implementation of the provisions of this article shall be as follows: (1) The Alabama Department of Economic...
• Section 41-23-24 Tax incentives; adoption of rules to implement tax credits and incentives; maximum tax credit per new permanent employee; application of tax credits; tax credits are in addition to exemptions and credits under Chapter 18 of Title 40; no credits for taxes to other states
  (a) Any provisions of Title 40, Chapter 18, notwithstanding, and specifically any provisions of Sections 40-18-22, 40-18-35, 40-18-35.1, 40-18-37 and 40-18-38, to the contrary notwithstanding,...
• Section 41-23-25 Nontax incentives
  Nontax incentives shall include: (1) REGULATION EXEMPTIONS. The local governments may exempt regulations to the extent they propose in the application for designation; however, no...
• Section 41-23-26 Additional requirements for business, etc., to receive benefits
  Additional requirements for a business, partnership, corporation or individual to receive benefits shall include: (1) The business must expand its labor force or make new...
• Section 41-23-27 Annual report of department
  The department shall report annually to the Legislature and the Governor, and provide a thorough evaluation of the implementation of the zone law, including: numbers...
• Section 41-23-28 Required agreement by appropriate governing authority
  The department shall designate qualified enterprise zones only after receiving notice from the appropriate governing authority that it additionally agrees to: (1) Devise and implement...
• Section 41-23-29 Powers and duties of department
  The department shall administer the provisions of this article and shall have the following powers and duties in addition to those mentioned elsewhere in this...
• Section 41-23-30 Contracts with eligible businesses to provide for tax exemptions; preference to Alabama manufacturers; endorsement resolution; certification as to employees; wage subsidies
  (a) The department, after consultation with the council, and with the approval of the Governor, may enter into contracts with eligible businesses to provide: (1)...
• Section 41-23-31 Rules and regulations; cooperation of agencies
  The Directors of the Alabama Department of Economic and Community Affairs, Alabama Department of Commerce, Department of Education, the Department of Labor and the Commissioner...
• Section 41-23-32 Federal tax exemptions and enterprise zone legislation
  The provisions of this article shall be complementary to and consistent with federal tax exemptions and be superseded when necessary by the passage of federal...
• Article 3 Economic Development Revolving Loan Funds.
• Section 41-23-50 Creation of economic development revolving loan funds; regional planning and development commissions to disburse moneys; administration; use of funds; interest and costs
  There is hereby appropriated from the State General Fund to the Alabama Department of Economic and Community Affairs for the 1990-91 fiscal year the sum...
• Section 41-23-51 Regional Revolving Loan Policy Committee; duties; membership; length of terms; meetings
  The moneys appropriated to the Alabama Department of Economic and Community Affairs under the provisions of Section 41-23-50 shall be used to create and establish...
• Article 4 Alabama Small Business Incubator Act.
• Section 41-23-60 Short title
  This article will be known as the "Alabama Small Business Incubator Act of 1994."
• Section 41-23-61 Definitions
  As used in this article, the following words and phrases shall have the following meanings: (1) ADVISORY COUNCIL. A subcommittee of the committee. (2) BASE...
• Section 41-23-62 Responsibilities of loan policy committee
  The committee is responsible for the implementation of this article, including, but not limited to: (1) Assessing the current status of small business incubators in...
• Section 41-23-63 Promulgation of rules and regulations governing allocation and accountability of funds
  The department shall establish policies and procedures necessary to insure accountability of funds relative to state statutes and federal programs to which the funds may...
• Section 41-23-64 Establishment of grant programs
  The following grant programs shall be established: (1) FEASIBILITY STUDY MATCHING GRANTS. As a necessary step in incubator start-ups, funds may be provided on a...
• Section 41-23-65 Use of funds; remuneration
  The committee may use funds for the purpose of implementing and administering this article. Legislative members of the committee may receive their regular legislative compensation...
• Section 41-23-66 Disbursed grant funds not utilized to revert to loans; repayment
  If state grant funds are not utilized for the purposes stated in the approved grant application within two years of the date of the grant...
• Article 5 Alabama Residential Energy Code Board.
• Section 41-23-80 Legislative findings
  The Legislature finds that the development, management, efficient consumption, and conservation of residential energy resources are of prime importance throughout this state and this nation....
• Section 41-23-81 Definitions
  The following terms shall have the meanings respectively prescribed for them, except when the context otherwise requires: (1) ALABAMA ENERGY AND RESIDENTIAL CODES. The codes...
• Section 41-23-82 Creation; composition; purpose; supervision
  (a) The Alabama Energy and Residential Codes Board is established. (b) The board shall consist of 15 members appointed by the Governor and two additional...
• Section 41-23-83 Terms; vacancies; compensation; expenses
  (a) Each member of the board shall be selected for a five-year term, the term to begin on the date of appointment of each member....
• Section 41-23-84 Meetings; officers; committees
  (a) The first meeting of the board shall be called by the chief of the division as soon as is practicable after July 31, 1995....
• Section 41-23-85 Functions of board and division
  (a) The board shall exercise authority with respect to all matters pertaining to the acceptance and adoption, and implementation of the Alabama Energy and Residential...
• Article 6 Neighbors Helping Neighbors Fund.
• Section 41-23-100 Establishment of fund; sources of monies
  (a) The Neighbors Helping Neighbors Fund is established in the State Treasury to provide eligible recipients weatherization assistance. (b) The monies in the fund shall...
• Section 41-23-101 Eligible recipients; assistance funds provided by Director of Department of Economic and Community Affairs; administrative costs; reports
  (a) Eligible recipients of assistance are individuals who have a household income at or below 125 percent of the poverty level or individuals who are...
• Section 41-23-102 Designation of part of taxpayer's refund as voluntary contribution
  Repealed by Act 2006-503, p. 1145, §2, effective for tax years beginning after December 31, 2005.
• Article 7 Office of Inland Waterways and Intermodal Infrastructure.
• Section 41-23-120 Creation; administration
  (a) The Office of Inland Waterways and Intermodal Infrastructure is created as an office within the Alabama Department of Economic and Community Affairs (ADECA). (b)...
• Section 41-23-121 Powers of office
  The office shall have the following powers to: (1) Ensure that assets and needs of water transportation and intermodal infrastructure are properly considered and reflected...
• Section 41-23-122 Inland Waterways and Intermodal Infrastructure Advisory Board
  (a) The Director of ADECA shall create an Inland Waterways and Intermodal Infrastructure Advisory Board to advise the Director of ADECA. The membership of the...
• Section 41-23-123 Inland Waterways and Intermodal Infrastructure Fund
  (a) The Inland Waterways and Intermodal Infrastructure Fund is created in ADECA to finance infrastructure improvements related to inland waterway and intermodal development projects, any...
• Section 41-23-124 Construction and application
  (a) This article shall not apply nor have any effect on any state agency currently having control over local port or infrastructure commissions or authorities....
• Article 8 Alabama Trails Commission.
• Section 41-23-140 Definitions; commission created; composition; staff; duties; annual report
  (a) For the purposes of this article, the term trail means any form of paved or unpaved trail including freshwater and saltwater paddling trails. The...
• Section 41-23-141 Advisory board of directors
  (a) There shall also be created an Alabama Trails Commission Advisory Board which shall advise the commission in the execution of the Alabama Trails Commission's...
• Section 41-23-142 Compensation; expenses
  Members of the commission and advisory board may not receive any compensation for their services but are entitled to receive reimbursement for per diem and...
• Article 9 Healthy Food Financing Act.
• Section 41-23-150 Short title; purpose
  (a) This article shall be known as the Healthy Food Financing Act. (b) The purpose of this article is to establish a statewide program to...
• Section 41-23-151 Definitions
  For the purposes of this article, the following words have the following meanings: (1) DEPARTMENT. The Alabama Department of Economic and Community Affairs. (2) FINANCING....
• Section 41-23-152 Healthy Food Financing Fund
  There is established the Healthy Food Financing Fund, which shall be comprised of federal, state, or private grants or loans, federal tax credits, or other...
• Section 41-23-153 Establishment and administration of financing program
  (a) The department, in cooperation with public and private sector partners, shall establish a financing program to provide financing to retailers to construct, rehabilitate, or...
• Article 10 Domestic Violence Center Capital Improvement Grant Program.
• Section 41-23-160 Certified domestic violence center capital improvement grant program
  (a) For the purposes of this article, the following terms shall have the following meanings: (1) ACADV. The Alabama Coalition Against Domestic Violence. (2) DIRECTOR....
• Article 11 Alabama Space Authority.
• Section 41-23-170 Authority established
  There is hereby established the Alabama Space Authority.
• Section 41-23-171 Composition of authority
  The authority shall be composed of a representative of the University of Alabama in Huntsville, selected by the President of the University of Alabama in...
• Section 41-23-172 Office in ADECA; support
  The authority shall be created as an office in the Alabama Department of Economic and Community Affairs (ADECA). ADECA shall provide for the initial support...
• Section 41-23-173 Duties
  The authority shall have the following duties: (1) Encourage the education and training of aerospace professionals to pioneer the frontier of space and to develop...
• Section 41-23-174 Powers
  For the purpose of accomplishing the duties enumerated in Section 41-23-173, the authority shall have the following powers: (1) To acquire by purchase or gift...
• Section 41-23-175 Development of aerospace and spaceport infrastructure and capabilities
  Nothing in this article should be construed to limit the ability of municipalities, counties, or airport authorities incorporated or reincorporated pursuant to Title 4 from...
• Section 41-23-176 Per diem and travel expenses for members of authority
  Members of the authority shall serve without compensation but shall be reimbursed for per diem and travel expenses at the same rate and under the...
• Article 12 Alabama Public Transportation Act
• Section 41-23-190 Short title
  This article shall be known and may be cited as the Alabama Public Transportation Act.
• Section 41-23-191 Definitions
  As used in this article, the following words have the following meanings: (1) ADVISORY COMMITTEE. The Alabama Public Transportation Trust Fund Advisory Committee. (2) DEPARTMENT....
• Section 41-23-192 Legislative findings
  The Legislature finds and declares the following: (1) Alabama is in need of more safe and affordable public transportation options for residents and visitors. (2)...
• Section 41-23-193 Creations; functions; fee
  (a) The Alabama Public Transportation Trust Fund is created in the State Treasury for the distribution of designated funds appropriated by the Legislature or collected...
• Section 41-23-194 Awarding of funds; goals
  (a) Activities funded by the trust fund shall be selected through a competitive process pursuant to rules adopted by the department with input from the...
• Section 41-23-195 Advisory committee - Membership
  (a) There is created the Alabama Public Transportation Fund Advisory Committee for the purpose of advising the director and staff of the department with respect...
• Section 41-23-196 Advisory committee - Functions
  The advisory committee shall do all of the following: (1) Review and advise department staff on all policies and procedures for administration of the trust...
• Section 41-23-197 Eligibility
  Any of the following entities are eligible to apply to the department for funding from the trust fund: (1) Not-for-profit organizations. (2) Municipalities. (3) Counties....
• Article 13 Alabama Broadband Accessability Act.
• Section 41-23-210 Short title
  This article shall be known and may be cited as the Alabama Broadband Accessibility Act.
• Section 41-23-211 Legislative findings
  The Legislature finds that the availability of high-speed broadband services, with the preference of speeds of 25 megabits per second of download speed and three...
• Section 41-23-212 Definitions
  For the purposes of this article, the following words have the following meanings: (1) ADECA. The Alabama Department of Economic and Community Affairs. (2) END...
• Section 41-23-213 Grant program; rulemaking authority; Alabama Broadband Accessibility Fund
  (a) The Director of ADECA may establish and administer the broadband accessibility grant program for the purpose of promoting the deployment and adoption of broadband...
• Section 41-23-214 Alabama Rural Broadband Oversight Committee
  (a) There is created the Alabama Rural Broadband Oversight Committee. The committee shall consist of the Chair of the House Ways and Means Education Committee...
• Article 14
• Section 41-23-230 Definitions
  For the purposes of this article, the following words shall have the following meanings: (1) CALL CENTER. A physical location within the State of Alabama...
• Section 41-23-231 Notification of intent to relocate a call center, facility, etc; violations; penalties
  (a) An employer that intends to relocate a call center, or one or more facilities or operating units within a call center consisting of at...
• Section 41-23-232 List of employers having relocated a call center, facility, etc
  (a) Beginning October 1, 2019, and every six months thereafter, the director shall compile a list of every employer that has relocated a call center,...
• Section 41-23-233 Disqualification from receipt of grants, loans, etc.; recapture demands; waiver
  (a) Except as provided in subsection (c), an employer that appears on a list compiled by the director pursuant to Section 41-23-232 is ineligible to...
• Section 41-23-234 Applicability of article
  This article applies to contracts entered into on or after September 1, 2019.
• Section 41-23-235 Construction of article
  This article may not be construed as permitting the withholding or denial of payments, compensation, or benefits from employees.
• Article 15 Alabama Innovations Act.
• Section 41-23-250 Short title
  This article shall be known as the "Alabama Innovation Act."
• Section 41-23-251 Legislative findings
  The Legislature finds and declares that the health, safety, and welfare of the people of this state are dependent upon the continued encouragement, development, growth,...
• Section 41-23-252 Definitions
  For the purpose of this article, the following words and phrases shall have the following meanings: (1) ADECA. The Alabama Department of Economic and Community...
• Section 41-23-253 Research and development enhancement grant program; fund
  (a) The Director of ADECA may establish and administer the research and development enhancement grant program for the purpose of encouraging new and continuing efforts...
• Section 41-23-254 Alabama Research and Development Enhancement Oversight Committee
  (a) The Alabama Research and Development Enhancement Oversight Committee is created. The committee shall consist of the Chair of the House Ways and Means Education...
• Section 41-23-255 Amount of grants; applications
  (a) The amount of research and development enhancement grants awarded by ADECA shall be subject to the appropriations of the Legislature. No research entity shall...
• Section 41-23-256 Effective date of grant program
  The grant program established under this article shall be effective beginning with the fiscal year ending September 30, 2020.

Last modified: May 3, 2021