News

Commissions would disburse TVA funds

Published: Thursday, May 31, 2007 at 3:30 a.m.
Last Modified: Thursday, May 31, 2007 at 12:25 a.m.

MONTGOMERY -- North Alabama legislators are creating local commissions so they can start disbursing $3.2 million siphoned from Tennessee Valley Authority in lieu of tax payments that normally would go to city and county governments in TVA areas.

With Marshall County an exception, the committees will be controlled by non-elected members who would answer only to the legislators who appointed them.

Legislators say they'll ensure the money is spent on what it's earmarked for -- education, recreation, economic development, volunteer fire departments and any other lawful purpose.

"I don't know who's going to be on the local committee, but I can tell you how the money will be used -- volunteer fire departments and rescue squads,'' said Franklin County Rep. Johnny Mack Morrow, D-Red Bay. "Where the money is going to be spent is more important than who's on (the committee).''

The legislation, which affects all north Alabama counties with ties to TVA, is in position to pass and be sent to Gov. Bob Riley.

A spokesman for Riley said the governor has not decided whether he will veto the bills or allow it to be passed.

Opponents have voiced concern that the action could lead to state representatives and senators having a slush fund available to help them during re-election years.

In Colbert and Lauderdale counties, the committees will have more than $200,000 available each year.

In Colbert County, the only local elected official designated to be on the commission is the probate judge.

Colbert County Probate Judge Tommy Crosslin said he was surprised he was tapped -- by title -- to serve on the five-member commission.

"I honestly do not know what all the responsibilities are and what this will incur,'' Crosslin said.

TVA-area legislators, in a way, lucked out this year.

In addition to the TVA money, they'll also get their share of the $14.8 million in legislative community service grants. That breaks down to $55,200 to the typical House member and $165,500 to the typical senator.

In the matter of the TVA in lieu of tax legislation, individual bills create slightly different Community Development Commissions.

In Colbert County, in addition to the probate judge, the commission would consist of members appointed by Sen. Bobby Denton, D-Muscle Shoals, Sen. Roger Bedford, D-Russellville, Rep. Marcel Black, D-Tuscumbia, and Morrow.

In Lauderdale County, the commission would consist of a yet-unnamed elected Lauderdale County official appointed by joint agreement of Rep. Mike Curtis, D-Greenhill, Rep. Tammy Irons, D-Florence, and Denton.

Also on the committee will be one member appointed by Denton, one member by Curtis and one member by Irons.

In Lawrence County, one member would be an elected Lawrence County official appointed by Rep. Jody Letson, D-Hillsboro, and Sen. Zeb Little, D-Cullman. One member would be appointed by Little and one member would be appointed by Letson.

The commissions in the four northwest Alabama counties will get an estimated $612,647 to spend this year, if the bills become law. Here is the breakdown by county, according to the Legislative Fiscal Office:

  • Colbert -- $241,751.

  • Franklin -- $78,393.

  • Lauderdale -- $207,564.

  • Lawrence -- $84,939.

    Unlike the other counties that will use the extra fund as discretionary money, Marshall County, which will get $238,494 more this year, will distribute the additional TVA in lieu of taxes money as it always has.

    Under a local bill sponsored by Rep. Frank McDaniel, D-Albertville, Marshall County funds are earmarked along with the existing TVA distribution of $5.9 million.

    "We have always designated ours to our agencies, and we followed the same path as in the past,'' McDaniel said.

    Colbert County Commission Chairman Rex Burleson said he doesn't oppose the legislation. In the past, his commission has decided how to spend the county's portion of the TVA in lieu of taxes.

    "That's just some money they're using for projects they want to do but weren't able to get out of Montgomery," Burleson said.

    Although legislators representing counties in the TVA service area weren't successful this year, they're going after a bigger pie next year -- a $5.4 million share of TVA money that has been going to dry, non-TVA counties such as Bibb, Blount, Fayette, Lamar, Marion and Pickens.

    Those counties were allowed about 25 years ago to get a portion of the TVA in lieu of taxes collection to offset some of the tax revenue lost because they do not have legal alcohol sales.

    Irons said non-TVA counties don't deserve TVA money because they are serviced by Alabama Power. She pointed out that TVA counties don't get a share of the Alabama Power Co. taxes.

    Fayette County Rep. William Thigpen, D-Fayette, said he fought the bill designed to take the money from non-TVA counties because his county would lose too much money, $315,566 annually to be exact.

    Most of the local commission bills have passed and are in Riley's office for consideration. In northwest Alabama, only Franklin County's local bill hasn't received final passage.

    The state began getting 75 percent of in lieu of tax payments from the federal utility in 1980 in exchange for not taxing its property or ratepayers. Dry counties started getting 25 percent.

    The state's share under a new law last year increased to 78 percent, with the TVA counties getting the extra 3 percent.

    TVA spokesman John Moulton said the TVA payments to the state are based on the amount of property owned by the utility in each county and the amount of electric bills paid by customers.

    The commission-creation bills aren't as tightly written as two bills approving half-cent sales tax increases for Colbert and Lauderdale counties to support economic development efforts to attract a major industry. Those bills created a committee of elected officials that must approve all expenditures from the fund.

    When asked about Marshall County earmarking money in its legislation, Irons said Lauderdale County's also is earmarked by target but not by specific amount.

    She said legislators did not earmark the money for economic development to support the industry now looking at the Shoals because the $207,564 was too small to make a difference.

    The local incentive package for the industrial project known as Project Tiger will come from one-half-cent sales taxes in Colbert and Lauderdale counties.

    "We already have incentives for Project Tiger in Barton that is a substantial amount of money,'' Irons said. "The TVA money can be used in other projects like volunteer fire departments.''

    Irons said the Lauderdale commission, for one, will be accountable because the commission will draft rules and regulations. "We'll make sure there's transparency and accountability,'' she said.

    "I promise you all my money is going to volunteer fire departments and my community service grants can go to schools,'' Morrow added.

    Although the legislation doesn't specifically say, apparently the money will be subject to scrutiny and audits since they'll be deposited into their respective county treasuries, Crosslin said.

    And supposedly commission meetings will be subject to the Alabama Open Meetings Law that requires advance meeting notice, proponents say.

    The chairman of the Lauderdale County Republican Party, former Florence Mayor William Batson, was wary of the nonelected commission in Lauderdale County, calling the money a Democratic "re-election slush fund.''

    Batson said the GOP executive committee opposes the fund because the majority of the commission will be unelected and "unaccountable, and they will award 'grants' and 'pork' in the community.''

    Legislators said the money will be spent regardless of political affiliation and will be based on need.

    "This not a slush fund,'' Irons said. "We're returning money from south Alabama to Lauderdale County and volunteer fire departments and help promote agriculture products and economic development.''

    Batson said the money would be better spent going to county roads and for law enforcement.

    "Just a portion of these dollars could double the number of school resource officers placed in the Lauderdale County Schools to ensure the safety of our children,'' county Commissioner William Smith said in a statement.

    Dana Beyerle can be reached at (334) 264-6605 or dtb12345@aol.com.


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