MONTGOMERY, Ala. (WSFA) – Gov. Kay Ivey has signed Senate Bill 71 into law, requiring Alabama’s environmental rules to be no more restrictive than federal environmental regulations. Environmental groups say the measure could be harmful to public health.
Under the new law, Alabama’s environmental rules must be on par with — or less restrictive than — federal environmental rules. The only exception allows the Alabama Department of Environmental Management to adopt emergency rules if there is an immediate danger to public health, but that determination must be based on what the law defines as the best available science — meaning unbiased and independently verified information, including site-specific and peer-reviewed studies.
If no federal law or regulation exists for a specific environmental topic, Alabama state agencies cannot set their own limits on pollutants, chemical substances, or other pollution measures.
Senate Bill 71’s sponsor, Sen. Donnie Chesteen, R-Geneva, said the bill will bring economic benefits to the state.
“This is an opportunity for the states to find ways to lessen some of those burden and have better opportunity for business growth in our state,” Chesteen said.
Chesteen also said any changes to environmental law should be grounded in science.
“If we’re going to make changes to the environmental law, the rules, base it on science,” he said.
Mobile Baykeeper Government Affairs Director Luke Kiszla said the reception to the bill among environmental advocates has been one of outrage.
“I don’t like to use hyperbole, but the best word that I can use to describe the reception down here is outrage,” Kiszla said.
Kiszla also said science should guide environmental decision-making.
“Science is a lot the same way as the first amendment. You need to intake all the information possible that we have so we can use the wisdom God granted us to make the best decision on behalf of the people who live here,” Kiszla said.
Senate Bill 71 passed the Senate on party lines. In the House, a handful of Republicans joined Democrats in voting against the bill. The law took effect immediately upon Ivey’s signature.
Last year, Tennessee passed its own version of the Sound Science in Regulations Act, which said state agencies could not put numeric limitations on pollutants unless based on the best available science.
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