Alabama Amendment 8, Public Service Commission to Regulate Private Sewer Systems in Shelby County Amendment (2022)

Alabama Amendment 8
Election date November 8, 2022
Topic Utilities
Status a Approved
Type Constitutional amendment	Origin State legislature

Alabama Amendment 8, the Public Service Commission to Regulate Private Sewer Systems in Shelby County Amendment, was on the ballot in Alabama as a legislatively referred constitutional amendment on November 8, 2022. It was approved.

A "yes" vote supported having the state Public Service Commission regulate privately owned sewer systems and plants, including their rates and charges, in Shelby County, Alabama.

A "no" vote opposed having the state Public Service Commission regulate privately owned sewer systems and plants, including their rates and charges, in Shelby County, Alabama.

Election results

Alabama Amendment 8
Result		Votes	Percentage
Yes		686,822	71.56%
No		272,999	28.44%

Results are officially certified.

Source

Overview

What did the amendment do?

See also: Text of measure

The amendment required the state Public Service Commission to regulate privately owned sewer systems and plants, including their rates and charges, in Shelby County, Alabama. The Public Service Commission was made responsible for implementing the change, either gradually or at one time. Until the Public Service Commission determines new rates and charges, the rates and charges were set to remain the most recent rate agreement or the utility's most recent published rate. If a county, municipality, or a governmental utility service corporation (GUSC) in the county has a rate control agreement with a private facility, then the county, municipality, or GUSC can choose to opt out of regulation by the Public Service Commission.

The Alabama Public Service Commission (PSC) is an elected three-member board that oversees the regulation of utility companies, including wastewater utilities, in the state. When the PSC has oversight over a wastewater service, the commission has the power to approve or reject rates and establish rules and regulations for their operation.

Why was this measure on the statewide ballot?

See also: Path to the ballot

This measure applied only to Shelby County and required a majority vote of approval from voters statewide as well as a majority of voters in Shelby County to become a part of the constitution.

Prior to the passage of Amendment 3 of 2016, local constitutional amendments were voted on by the entire state of Alabama. Amendment 3 of 2016 changed the requirements so that, by a unanimous vote of the legislature, a constitutional amendment could be declared as having local application and would be voted on solely by the county or jurisdiction.

Since the local application resolution for Amendment 8 was adopted in the state Senate but not in the state House, the measure needed to appear on the statewide ballot as well as on the ballot in Shelby County.

Amendment 9, concerning Public Service Commission sewer system regulation in Lake View, was also on the 2022 statewide ballot in Alabama.

Text of measure

Ballot title

The ballot title was as follows:

“

Relating to Shelby County, proposing an amendment to the Constitution of Alabama of 1901, to bring certain privately owned sewer systems that use public rights-of-way of public roads under the jurisdiction of the Public Service Commission under certain conditions. (Proposed by Act 2021-199) Yes ( ) No ( )

”

Ballot summary

The Alabama Fair Ballot Commission wrote the following ballot statement:

“ This amendment applies only to Shelby County. If the majority of the voters vote “yes” on Amendment 8, certain privately owned sewage treatment plants in Shelby County will be regulated by the Alabama Public Service Commission. If the majority of the voters vote “no” on Amendment 8, certain privately owned sewage treatment plants in Shelby County will not be regulated by the Alabama Public Service Commission. There are no costs to Amendment 8. The Constitutional authority for passage of Amendment 8 is set forth in accordance with Sections 284 and 285 of the Constitution of Alabama of 1901. These sections outline the method a constitutional amendment may be put to the people of the State for a vote. ”

Constitutional changes

See also: Alabama Constitution

The ballot measure amended the Alabama Constitution. The following underlined text was added:

Note: Hover over the text and scroll to see the full text.

(a) This amendment shall apply only in Shelby County.

(b) Except as provided for in subsection (c), any private entity and any privately owned plant, property, or facility for the collection, treatment, or disposal of sewage that uses, directly or through a lease or contract, public rights-of-way of public roads for any part of its collection or disposal system, that discharges to a Grade III or higher wastewater treatment facility as defined in and by the current classification system used by the Alabama Department of Environmental Management on January 1, 2020, and its equivalent classification thereafter, and that has residential or commercial customers that are billed a flat service fee or fee based on water usage, hereinafter referred to as utility or utilities, shall be certified and regulated by the Public Service Commission, which regulation shall include, but not be limited to, regulation of the rates, charges, and increases in rates or charges imposed on its customers. The Public Service Commission shall certify and regulate the entities, plants, facilities, and utilities affected hereby, based on and in accordance with Title 37, Code of Alabama 1975, as amended. Implementation of this amendment, whether gradual or at one time, shall be determined by the Public Service Commission. Until the Public Service Commission determines applicable rates and charges to be imposed on customers, the rates and charges shall be in accord with and governed by the most recent and controlling rate control agreement or in the event there is not a controlling rate control agreement, that utility's most recent published rate.

(c) If the county, a municipality, or a governmental utility service corporation (GUSC) in the county enters into a rate control agreement with an entity or facility described in subsection (b), the county, municipality, or GUSC may opt out of regulation by the Public Service Commission as to and for any residential or commercial customers affected by and are subject to the rate control agreement. In the event a rate control agreement or any part thereof is found to be invalid, or is terminated by the county, municipality, or GUSC that entered into the rate control agreement, or becomes unenforceable or void in whole or in part, then the jurisdiction of the Public Service Commission and the provisions in subsection (b) pertaining to regulation by the Public Service Commission shall by operation of law be restored and enforced to the full force and effect of this amendment.

(d) In the event Public Service Commission jurisdiction is restored after the county, municipality, or GUSC has exercised its opt-out provision provided in subsection (c) and has voluntarily terminated the rate control agreement, the county, municipality, or GUSC may not again exercise its power to opt out of Public Service Commission jurisdiction and rate control for a period of five years from the date Public Service Commission jurisdiction is reinstated.

(e) In the event that an entity, plant, property, or facility serves customers located in more than one municipality, the opt-out option provided in subsection (c) shall vest with the municipality that has a rate control agreement executed as of or prior to January 1, 2021, subject to approval of the Shelby County Commission.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 22, and the FRE is 12. The word count for the ballot title is 40.

Support

Ballotpedia did not locate a campaign in support of the ballot measure.

Opposition

Ballotpedia did not locate a campaign in opposition to the ballot measure.

Campaign finance

See also: Campaign finance requirements for Alabama ballot measures

Ballotpedia did not locate political action committees supporting or opposing the ballot measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Background

Alabama Public Service Commission

See also: Alabama Public Service Commission

The Alabama Public Service Commission (PSC) is an elected three-member board that oversees the regulation of utility companies, including wastewater utilities, in the state. When the PSC has oversight over a wastewater service, the commission has the power to approve or reject rates and establish rules and regulations for their operation.

Local amendments in the Alabama Constitution

See also: Alabama Rules for Determining a Local Constitutional Amendment, Amendment 3 (2016)

Prior to the passage of Amendment 3 of 2016, local constitutional amendments were voted on by the entire state of Alabama, unless a three-fifths (60%) supermajority vote of the legislature and a unanimous vote of a constitutional amendment commission determined that the amendment strictly affected or applied to only one county or jurisdiction. Thus, statewide electors often voted on issues that primarily, but not entirely, affected other counties or jurisdictions. After the passage of Amendment 3, local constitutional amendments appear before only the voters in that particular jurisdiction. Amendments to the Alabama Constitution are tacked on at the end and arranged by numbers, not counties.

Amendment 3 provided that, once constitutional amendments receive the votes needed to appear on the ballot, the legislature must also vote on a resolution of local application. If the resolution of local application passed unanimously, with zero no votes, the measure would be placed on the ballot only in the relevant county or jurisdiction. If one or more members of the state legislature voted no on the resolution of local application, the measure would have to be placed on the statewide ballot and receive majority approval from voters statewide and within the relevant county.

Statewide votes on local constitutional amendments, 2018-2022

From 2018 to 2022, the Legislature passed four constitutional amendments that did not receive unanimous approval regarding their local application. These amendments appeared on statewide ballots, rather than just on local ballots.

Year	Measure	Jurisdiction	Outcome
2020	Amendment 5: "Stand Your Ground Rights" in Franklin County Churches Amendment	Franklin County	a
2020	Amendment 6: "Stand Your Ground Rights" in Lauderdale County Churches Amendment	Lauderdale County	a
2022	Amendment 8: Public Service Commission to Regulate Private Sewer Systems in Shelby County Amendment	Shelby County
2022	Amendment 9: Public Service Commission to Regulate Private Sewer System in Lake View	City of Lake View

Constitutional amendments in Alabama

From 2000 to 2020, 81 constitutional amendments appeared on the statewide ballot in Alabama. Voters approved 64 (79.0%) and rejected 17 (21.0%). The number of amendments on statewide ballots during the even-numbered years between 2000 and 2020 ranged from 4 to 15, and the average number of amendments during this period was 7.8.

Alabama constitutional amendments, 2000-2020
Total number	Approved	Approved (%)	Defeated	Defeated (%)	Even-year average	Even-year median	Even-year minimum	Even-year maximum
81	64	79.01%	17	20.99%	7.8	6.0	4	15

Path to the ballot

Amending the Alabama Constitution

See also: Amending the Alabama Constitution

In Alabama, a three-fifths (60%) vote is required in both chambers of the Alabama State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 63 votes in the Alabama House of Representatives and 21 votes in the Alabama State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

When a constitutional amendment affects a local jurisdiction but not the rest of the state, the Legislature can adopt a local application resolution to place the amendment before local voters, rather than statewide and local voters. Passing a local application resolution requires unanimous approval in each legislative chamber, excluding absent and non-voting legislators.

Amendment in the state Legislature

Sen. J.T. Waggoner (R-16) introduced Amendment 8 into the state Legislature as Senate Bill 74 (SB 74) in 2021. On February 9, 2021, the Senate voted 27-0 to pass SB 74. Senators also passed a local application resolution. On April 8, 2021, the House voted 66-4 to pass SB 74. In the House, the representatives did not vote on a local application resolution. With approval in the Senate and House, the constitutional amendment was referred to the statewide ballot for November 8, 2022.

Vote in the Alabama State Senate February 9, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 21  a
	Yes	No	Not voting
Total	27	0	8
Total percent	77.14%	0.00%	22.86%
Democrat	3	0	5
Republican	24	0	3

Vote in the Alabama House of Representatives April 8, 2021
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 62  a
	Yes	No	Not voting
Total	66	4	33
Total percent	64.08%	3.88%	32.04%
Democrat	3	4	20
Republican	63	0	13

How to cast a vote

See also: Voting in Alabama

See below to learn more about current voter registration rules, identification requirements, and poll times in Alabama.

How to vote in Alabama

Poll times

In Alabama, polls are open from 7:00 a.m. to 7:00 p.m. According to state law, "All polling places in areas operating on eastern time shall open and close under this section pursuant to eastern time except the county commissions in Chambers County and Lee County may by resolution provide for any polling place to be excluded from this sentence and to be open according to central time." Anyone in line when the polls close must be allowed to vote.

Registration

Check your voter registration status here.

Alabama requires that an applicant be a citizen of the United States who resides in Alabama. A voter must be at least 18 years old on or before Election Day. A citizen cannot have been barred from registering due to a felony conviction and cannot have been declared mentally incompetent by a court.

Voters cannot register during the 14 days preceding an election. According to the Alabama Secretary of State's website:

“

You may download the State of Alabama Postcard Voter Registration Application from this site. The form can be printed on your printer, filled out, and then mailed into your local voter registration officials. Click here for more information. You may also request a postcard voter registration from this office by e-mail. Click here to request a voter registration form. Voter registration is also available from your local County Board of Registrars. Click here to get the address and phone number for the board of registrars office in your county. You may also obtain voter registration services at the following state and local government offices and agencies: Driver's licensing office County and select municipal public libraries Department of Human Resources WIC Program, Department of Public Health Medicaid Agency Department of Rehabilitation Services The postcard voter registration form is also available at: Public 4-year universities Select private 4-year universities Driver's licensing office County and select municipal public libraries Department of Human Resources WIC Program, Department of Public Health Medicaid Agency Department of Rehabilitation Services

”

Automatic registration

See also: Automatic voter registration

Alabama does not practice automatic voter registration.

Online registration

See also: Online voter registration

Alabama has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Alabama does not allow same-day voter registration.

Residency requirements

To register to vote in Alabama, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

An Alabama state law, passed in 2011, requires people to provide proof of U.S. citizenship when registering to vote. However, as of February 2026, the law had not been implemented.

An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Eight states — Alabama, Arizona, Kansas, Louisiana, New Hampshire, South Dakota, Utah, and Wyoming — have laws requiring individuals provide proof of citizenship at the time of voter registration, whether in effect or not. Three states, Florida, Georgia and Mississippi, require a person provide proof of citizenship if their citizenship status cannot be verified by other means. One state, Ohio, requires proof of citizenship only when registering to vote at a Bureau of Motor Vehicles facility. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Alabama Secretary of State's Voter View website allows residents to check their voter registration status online.

Voter ID requirements

Alabama requires voters to present photo identification at the polls. The following list of accepted forms of identification was current as of November 2025. Click here for the most current information, sourced directly from the Office of the Alabama Secretary of State.

“

Valid Alabama Driver’s License (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Driver’s License Valid Alabama Nondriver ID (not expired or has been expired less than 60 days) Alabama Law Enforcement Agency Digital Nondriver ID Valid Alabama Photo Voter ID Card Valid State-Issued ID (Alabama or any other state) Examples Valid AL Department of Corrections Release - Temporary ID (Photo Required) Valid AL Movement/Booking Sheet from Prison/Jail System (Photo Required) Valid Pistol Permit (Photo Required) Valid Federal-Issued ID Valid US passport Valid Employee ID from Federal Government, State of Alabama, County, Municipality, Board, or other entity of this state Valid student or employee ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Digital student ID from a public or private college or university in the State of Alabama (including postgraduate technical or professional schools) Valid student or employee ID issued by a state institution of higher learning in any other state Digital student ID issued by a state institution of higher learning in any other state Valid Military ID Valid Tribal ID

”

To view Alabama statute pertaining to voter identification, click here.

A voter can obtain a free identification card from the Alabama Secretary of State, a county registrar's office, or a mobile location. The mobile location schedule can be accessed here.

See also

2022 measures

• 2022 ballot measures
• Utilities on the ballot
• County and municipal governance on the ballot

Alabama

• Alabama ballot measures
• Alabama ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Alabama Senate Bill 74 (2021)