The Alabama House of Representatives passed SB71 on Tuesday on a 68-34 vote, sending the bill to Governor Kay Ivey’s desk. The Senate previously passed the bill 27-7 on Feb. 3.
The bill, sponsored by State Sen. Donnie Chesteen (R-Geneva) and carried in the House by State Rep. Troy Stubbs (R-Wetumpka), would prohibit state agencies from adopting environmental rules more stringent than federal requirements.
“This bill brings stability for our businesses, our farmers, and others throughout the state,” Stubbs said. “The ultimate goal is to provide stability and continuity to businesses in Alabama.”
Under SB71, state agencies would be barred from setting numeric standards for pollutants, hazardous substances, drinking water, air quality, and waste handling that exceed what federal law requires. In areas where no federal standard exists, the bill would allow agencies to set rules only if they are based on “best available science” and the “weight of scientific evidence.”
The bill defines those terms narrowly. For rules intended to protect human health, the science must establish a direct causal link between exposure and “manifest bodily harm,” defined as a presently existing and diagnosable physical disease or injury, not merely the detection of a substance in the body or an increased risk of disease.
SB71 also prohibits agencies from using the EPA’s Integrated Risk Information System as the default source for developing water quality standards and requires any agency currently using it to revise its rules within nine months.
Stubbs said the bill preserves the state’s ability to act in the absence of federal rules.
“This bill provides a way in which the state of Alabama can pass its own regulations related to the environment in the event that the federal government does not address those particular matters,” Stubbs said. “We will, in those cases, use generally accepted scientific practices and sound science rules to do that.”
Several Democrats raised concerns during floor debate.
State Rep. Chris England (D-Tuscaloosa) questioned whether the bill could limit the Alabama Department of Environmental Management’s ability to respond to emerging threats.
“What we really want is for our environmental agency to be nimble, to be quick, to be able to identify a dangerous situation or a chemical that may not have shown any other independence,” England said. “Our ADEM needs to be able to regulate quickly versus the rest of the country.”
State Rep. Juandalynn Givan (D-Birmingham) was confused by the legislation.
“I don’t understand this bill. I don’t see where ADEM here would do anything to supersede the EPA,” Givan said. “ADEM has been one of the most consistent, one of the most thorough departments.”
The bill includes exceptions for rules required by federal law, rules that are less stringent than federal standards, rules that repeal or loosen existing regulations, and emergency rules. It would take effect immediately upon the governor’s signature.
Sawyer Knowles is a capitol reporter for Yellowhammer News. You may contact him at [email protected].