MONTGOMERY — A bill restricting an agency from passing environmental protection rules more stringent than the federal law or regulation is headed to the governor’s desk.
The Alabama House passed Senate Bill 71 (SB71), sponsored by State Sen. Donnie Chesteen (R-Geneva), on Tuesday.
The bill did not come without a long debate from Democrats. However, the majority invoked cloture to end the debate.
Democrats said the bill is addressing a problem that doesn’t exist while preventing agencies from establishing environmentally friendly regulations.
Republicans said the bill is a way to ensure the Alabama Department of Environmental Management (ADEM) never adopts regulations like California, which bans the sale of gas-powered lawn mowers, while still complying with federal acts. They said such regulations would increase the cost of living.
“An agency may not adopt a new rule or amend an existing rule that establishes new or changes existing numeric criteria or numeric limitations applicable to a chemical substance, mixture, contaminant, pollutant, hazardous substance, solid waste, hazardous constituent, or hazardous waste that relates to drinking water, water pollution control, hazardous substances, contaminated site remediation, air quality, solid waste handling, or hazardous waste handling if the new rule or amendment would result in criteria or limitations that are more stringent or extensive in scope, coverage, or effect than any federal law or regulation setting a standard regarding the same or a substantially similar topic,” the bill reads.
State Rep. Troy Stubbs (R-Wetumpka), who filed the companion bill in the House, called the “Sound Science” bill a limited-government bill.
“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.”
Stubbs said the bill establishes a framework for creating regulations and protects economic activity.
State Rep. Rhett Marques (R-Enterprise) told 1819 News that the bill would not affect the federal mud-dumping bill passed last month.
If signed by Gov. Kay Ivey, the law would take effect immediately.
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