EXECUTIVE ORDER NUMBER 22

WHEREAS, the Alabama Department of Economic and Community Affairs (“ADECA”) was created and authorized under section 41-23-1, et seq., of the Code of Alabama;

WHEREAS, ADECA is responsible for administering a broad range of state and federal programs, including programs involving economic development projects, infrastructure improvements, and energy conservation;

WHEREAS, the Property Insurance and Energy Reduction Act of Alabama (“PIERA”), Act No. 2015-494, became effective on September 1, 2016, and is codified under section 11-81-240, et seq., of the Code of Alabama;

WHEREAS, PIERA allows municipalities, counties, or improvement districts to establish a program in which the entity issues bonds or notes payable from property assessments, to finance certain energy efficiency and community-resilience projects for buildings or facilities;

WHEREAS, section 11-81-248 of the Alabama Code authorizes the Governor to designate an existing state agency to exercise regulatory jurisdiction over PIERA; and

WHEREAS, section 11-81-248 further provides that said state agency “shall have the authority to adopt reasonable rules . . . consistent with the laws of this State,” and directs the state agency to “seek input from industry stakeholders . . .”

NOW, THEREFORE, based upon these considerations, and for other good and valid reasons related thereto, I, Robert Bentley, Governor of the State of Alabama, by virtue of the authority vested in me by the Constitution and laws of the State of Alabama, including section 11-81-248 of the Alabama Code, do hereby declare ADECA to be the lead agency under PIERA.

BE IT FURTHER ORDERED, that, upon request by ADECA, state departments, agencies or any other state entity shall assist ADECA in developing necessary rules and regulations and shall also assist in the implementation and carrying out of the rules and regulations at ADECA’s request.

BE IT FURTHER ORDERED, that this Executive Order become effective immediately upon signing and shall remain in effect until such time as it is modified or rescinded by the Governor.

DONE AND ORDERED this 14th day of September, 2016.

Robert Bentley
Governor

Attested

John H. Merrill
Secretary of State