Ala. Code § 9-21-1 Short Title.
9-21-1. Short Title.
This chapter shall be known as the Alabama Aquatic Plant Management Act.
(Act 2013-384, p. 1442, §1.)
Alabama Aquatic Plant Management Act.
Ala. Code tit. 9, ch. 21
in effectAla. Code § 9-21-2 Legislative Findings.
9-21-2. Legislative Findings.
The Legislature finds that the management and stewardship of aquatic plants is important to the State of Alabama. It is the intent of the Legislature that the management of aquatic plants in the waters of the Tennessee River be carried out under the general supervision and stewardship of a board, as preventing the spread of and managing the infestation of invasive aquatic plants in public waters of the Tennessee River and its tributaries is best accomplished through coordinated educational and management activities.
(Act 2013-384, p. 1442, §2.)
Ala. Code § 9-21-3 Definitions; Diversity Requirement on Board.
9-21-3. Definitions; Diversity Requirement on Board.
For the purposes of this chapter, the following terms have the following meanings:
(1) Board means the Alabama Board for Aquatic Plant Management and shall include the following members:
a. The Commissioner of the Department of Conservation and Natural Resources or his or her designee.
b. The Commissioner of the Department of Agriculture and Industries or his or her designee.
c. The Director of the Department of Environmental Management or his or her designee.
d. The Director of the Department of Economic and Community Affairs or his or her designee;
e. The department head of the Auburn University College of Agriculture School of Fisheries and Allied Aquacultures or his or her designee.
f. A representative of the United States Corps of Engineers designated by the U.S. Army Corps of Engineers.
g. A member appointed by the Speaker of the House of Representatives.
h. A member appointed by the President Pro Tempore of the Senate.
i. A member appointed by the Governor who represents the recreational sport fishing industry.
The membership of the board shall be inclusive and reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. The board shall annually report to the Legislature by the second legislative day of each regular session the extent to which the board has complied with the diversity provisions of this subsection.
(2) Aquatic plant is any plant growing in, or closely associated with, the aquatic environment and includes floating, emersed, submersed, and ditch bank species, as determined by the board.
(3) Waters of the Tennessee River means bodies of public water located within the Tennessee River Basin or its tributaries.
(4) Cooperative Extension System means the primary outreach organization for the land-grant functions of Alabama A&M and Auburn Universities.
(Act 2013-384, p. 1442, §3.)
Ala. Code § 9-21-4 Alabama Board for Aquatic Plant Management.
9-21-4. Alabama Board for Aquatic Plant Management.
(a) This chapter creates the Alabama Board for Aquatic Plant Management with all of the following powers and duties:
(1) Monitor and coordinate the management, treatment, and stewardship of aquatic plants in the waters of the Tennessee River and direct the research and planning related to these activities, as provided in this chapter, so as to protect human health, safety, recreation, and fisheries and, to the greatest degree practicable, prevent injury to non-invasive plant and animal life and property.
(2) Guide and assist when requested in coordinating the activities of public bodies, authorities, non-state agencies, and special districts charged with the management of aquatic plants in the waters of the Tennessee River.
(3) Promote, develop, and support research activities directed toward effective and efficient management of aquatic plants in the waters of the Tennessee River.
(4) Develop and adopt an aquatic plant management strategic plan or plans to accomplish the purposes of this chapter, including, but not limited to, public awareness and education, prevention and detection of invasive aquatic plants, management, control, and restoration of infested areas, and emergency response.
(5) Adopt rules and guidelines to implement this chapter that comply with existing federal and state rules and regulations.
(b) The board shall meet at such times and places as it shall determine necessary or convenient to perform its duties. A majority of the board members shall constitute a quorum.
(c) The board shall annually elect a chair and vice chair from among its membership. Members of the board appointed by the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor shall be appointed for four year terms. All other members may serve as long as the member holds the position or employment by reason of which the member became a member of the board.
(d) Members of the board shall receive reimbursement for travel expenses incurred in the performance of their duties in the same manner as state employees, subject to approval of the chair, but shall receive no other compensation. Travel expenses incurred shall be reimbursed to members from the Aquatic Plant Management Fund created pursuant to Section 9-21-6.
(Act 2013-384, p. 1442, §4.)
Ala. Code § 9-21-5 Powers of Board.
9-21-5. Powers of Board.
The board may do any of the following:
(1) Accept donations and grants of funds and services from both public and private sources.
(2) Contract or enter into agreements with public or private agencies or corporations for research and development of aquatic plant control methods or for the performance of aquatic plant control activities in the waters of the Tennessee River.
(3) Disburse funds to any special district or other local authority charged with the responsibility of managing aquatic plants in the waters of the Tennessee River upon approval by the board of the control techniques to be used by the district or authority and review of and approval of the program of the district or authority by the board.
(Act 2013-384, p. 1442, §5.)
Ala. Code § 9-21-6 Aquatic Plant Management Fund.
9-21-6. Aquatic Plant Management Fund.
(a) The Aquatic Plant Management Fund is established. The fund shall be a non-reverting fund administered by the board and shall consist of all monies received by the board pursuant to this chapter.
(b) Money received from any state fund, federal funds, or money received from any other lawful source, including but not limited to gifts, grants, donations, securities, fees, assessments, settlements, or other assets, public or private, may be deposited in the fund.
(c) Subject to subsection (d), money deposited into the fund must be used to accomplish the purposes of this chapter. Once deposited, monies in the fund may not be transferred to any other fund except for the lawful purpose provided for in this chapter.
(d) Any contribution deposited into the fund and earmarked for a particular purpose must be used exclusively for that purpose.
(e) Any interest and earnings from the fund shall be retained by the fund and expended for activities and projects allowed by this chapter. The board may accept gifts, grants, contracts, or other funds designated for aquatic plant management. The funds must be deposited in the fund and may be expended to support an aquatic plant management project.
(Act 2013-384, p. 1442, §6.)
Ala. Code § 9-21-7 Aquatic Plant Management Program; Disposition of Funds.
9-21-7. Aquatic Plant Management Program; Disposition of Funds.
(a) This section constitutes the Aquatic Plant Management Program.
(b) The amount of the Aquatic Plant Management Fund at the end of each fiscal year in excess of 10 percent of the total amount of the fund may be awarded for aquatic plant management. Allotments of the collections in excess of the 10 percent of the total amount of the fund may be used only to support the Aquatic Plant Management Program and the expenses of the board and shall be distributed within one year of receipt of the funds.
(c) The board may expend funds under this section through grants or contracts to communities, local authorities, plant management districts, or other entities that it considers appropriate for aquatic plant management projects.
(d) The board may additionally expend funds for the following:
(1) Implementation of a new and/or innovative aquatic plant management project or for the development, implementation, or demonstration of any aquatic plant management project that may be proposed, implemented, or established by local, state, or national organizations, whether public or private. The expenditures must be on a cost-share basis with the organizations.
(2) Cost-share aquatic plant management programs with local plant management authorities.
(3) Special grants to local plant management authorities to manage, treat, control, or contain significant aquatic plants newly introduced into the county. These grants may be issued without matching funds from the district.
(4) Administrative expenses of the board for managing the Aquatic Plant Management Program and other provisions of this chapter. The cost of administering the program may not exceed 10% of the total program expenses.
(5) A project recommended by the board, if the board determines that the project will significantly contribute to the management of aquatic plants within the waters of the Tennessee River.
(6) Grants to the Cooperative Extension System for aquatic plant management research, evaluation, and education. The Cooperative Extension System shall submit annual reports on current projects and future plans to the board.
(e) In making expenditures under subsections (c) and (d), the board shall give preference to local authorities and community groups.
(f) If the Aquatic Plant Management Fund is terminated, the money in the fund must be divided between all counties according to rules adopted by the board for that purpose.
(Act 2013-384, p. 1442, §7.)
Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026