SB80 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Del Marsh
Republican
Session: Regular Session 2011
Title: Environment, coal combustion by-products, fly ash waste, bottom ash waste, boiler slag waste, and flue gas emission control wastes, exemption from regulation as solid wastes, removed, Secs. 22-27-2, 22-27-3 am'd.
Summary: SB80 would remove the exemption for coal combustion by-products and start regulating fly ash, bottom ash, boiler slag, and flue gas emission control wastes as solid waste in Alabama.
What This Bill Does
It rewrites Alabama solid waste law to treat coal combustion by-products as regulated solid waste. It defines coal combustion by-products to include fly ash, bottom ash, boiler slag, and flue gas emission control wastes. It directs the Department of Environmental Management to develop state rules that align with federal requirements for regulating these wastes, and lets existing permitted facilities continue operating until federal rules take effect; it also allows certain beneficial uses of these by-products under the new program. The act would take effect immediately after passage and governor’s approval.

Who It Affects
Electric generating plants and other producers of coal combustion by-products would be subject to solid waste regulation for by-products previously exempt from regulation.
Alabama Department of Environmental Management and solid waste facilities would regulate, permit, and enforce rules governing these by-products, including implementing a federal-aligned state program and overseeing beneficial-use options.

Key Provisions
Amends Sections 22-27-2 and 22-27-3 to remove the exemption for fly ash, bottom ash, boiler slag, and flue gas emission control wastes from solid waste regulation and to authorize regulation as solid waste.
Sets COAL COMBUSTION BY-PRODUCTS as fly ash, bottom ash, boiler slag, and flue gas emission control by-products from coal or fossil-fuel plants.
Requires the Department of Environmental Management to develop and adopt state rules implementing a program consistent with federal Subtitle D requirements; until then, coal combustion by-products remain subject to this article.
Allows existing facilities permitted as of the act’s effective date to continue operating without additional authorization until federal requirements take effect, and allows beneficial uses of coal combustion by-products as part of the state program.
Effective date: the act becomes law immediately after passage and governor’s approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Environment