Senate Bill 71 Alabama 2026 Session

Updated Feb 12, 2026

Summary

Primary Sponsor: Donnie ChesteenSenator
Republican
Session: 2026 Regular Session
Title: Administrative rules; adopting environmental protection criteria stricter than federal requirements prohibited
Summary: SB71 would stop Alabama agencies from creating environmental rules that are stricter than federal standards and require science-based justification when there are no federal standards.
What This Bill Does
It bars state agencies from adopting or amending rules that set environmental standards more stringent or broader than any federal law or regulation on topics like drinking water, water pollution, air quality, or hazardous waste. When there is no federal standard, it requires any new or changed rule to be based on the best available science and the weight of scientific evidence. For health-related rules, it must show a direct link between exposure and harm, and it restricts using the EPA's IRIS system as the default for water quality criteria, with a nine-month deadline to revise affected rules. The bill also provides exemptions for rules required by federal law, rules that are less stringent than federal standards, repeals or modifications that make standards less stringent, and emergency rules; and it would take effect immediately upon enactment.

Who It Affects
State agencies and regulators (e.g., the Alabama Department of Environmental Management) who would need to ensure proposed or amended rules do not exceed federal standards and are science-based when federal guidance is absent.
Businesses, industries, public utilities, and the general public who are subject to environmental standards, as the eligibility of state rules to be stricter or looser than federal standards could affect compliance and protections.

Key Provisions
Prohibits agencies from adopting new rules or amendments that establish environmental standards more stringent or extensive than any federal law or regulation on the same topics.
In the absence of federal standards, prohibits adoption of new or amended rules unless based on the best available science and weight of scientific evidence.
Defines 'Best Available Science' and 'Weight of Scientific Evidence' with criteria including reliability, relevance, peer review, and defensible data, and requires adherence to generally accepted scientific practices.
For health-related rules, requires a direct causal link between exposure at or above the numeric criteria and manifest bodily harm, using applicable scientific methods; allows certain animal data when human data is unavailable.
Prohibits default use of the EPA's Integrated Risk Information System (IRIS) for numeric water quality criteria and requires revision of rules that rely on IRIS within nine months of the act’s effective date.
Exempts rules required by federal law, rules that are less stringent than federal standards, repeals or modifications that reduce stringency, and emergency rules.
Effective date: the act becomes effective immediately.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Administrative Law and Procedures