Smith Lake Parcel Annexation Gets Green Light AS SB322 Passes AL House

SB322, a bill that would allow a non-contiguous parcel of land on Smith Lake to be annexed into the City of Cullman, passed the Alabama House on Thursday by a vote of 74 YEAS, 0 NAYS and 25 abstentions.

SB322 was sponsored by State Senators Jabo Waggoner and Garlan Gudger. It was carried in the House by Representative Bryan Brinyark (R-Northport).

Rep. Brinyark introduced the bill by pointing out that SB322 only applies to Cullman County, authorizing the City of Cullman to annex approximately 2,500 acres in the Cold Springs area of Smith Lake. The development planned for the area and outlined in the bill will involve an estimated investment of $250 million in capital outlays and generate 300 jobs paying some $70,000 per year, significantly higher than the average salary of Cullman County. The project is estimated to generate $1.2 million per year in revenue for the County schools and provide $3.2 million in revenue for the County Commission when fully developed.

SB322 contains a sunset provision of June 1st, 2026 if the resort project has not begun by that time.

Rep. Reed Ingram (R-Pike Road,) rose to ask why this was not being done as a local bill, to which Rep. Brinyark replied that it was being done under the Community Development Districts (CDD) statute. This project would join Alabama’s eighteen other CDDs, becoming the nineteenth.

Rep. Napoleon Bracy (D-Saraland) rose to ask about CDDs and the purpose of creating it for this project. Rep. Brinyark discussed the proposed resort property and the intent to add alcohol sales within dry Cullman County, as the City of Cullman is already wet. Rep. Bracy also asked about the issue of Tribal Lands, which SB266 would not create. While the Poarch Band of Creek Indians are involved with the development, Rep. Brinyark pointed out that SB322 specifically prohibits gambling as part of the development.

As previously reported, SB322 generated considerable controversy on social media in mid-April, including a Facebook post by Cullman County Commissioner Corey Freeman that prompted a video response by Alabama State Senator Garlan Gudger. Several amendments were offered, and Commissioner Freeman posted in support of the bill prior to its passage by the Alabama Senate on April 22.

One major point of contention had been the assertion by some on social media that the Poarch Band of Creek Indians had become involved in the proposed Smith Lake Resort development in order to build a casino in the development. ALPolitics.com reached out to the Poarch Creek Indians about this. Kristin Hellmich, Director of External Communications, Poarch Band of Creek Indians responded, saying:

"The Poarch Creek Indians have no plans to build a casino on the property at Smith Lake. Any statements or suggestions to the contrary are completely inaccurate."

SB322 now goes to Governor Kay Ivey for her consideration.