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HB181 ENROLLED
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HB181
RBQCRMY-3
By Representatives Marques, Givens, Fidler, Holk-Jones,
Simpson, Brown, Wilcox, Sorrells, Easterbrook, Bracy, Jones,
Clarke, Shirey, Stringer
RFD: Ports, Waterways and Intermodal Transit
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to dredging; to require persons annually
dredging over 1 million cubic yards of material in coastal
areas to cause at least 70 percent of the dredged material to
be beneficially used, subject to exceptions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the
following terms have the following meanings:
(1) BENEFICIALLY USED. The productive and positive use
of dredged material, including fish and wildlife habitat
development, human recreation, and industrial and commercial
uses. The term does not include the deposition of dredged
material into public waters unless that deposition is part of
a shoreline restoration or marsh creation project.
(2) LIVING SHORELINE. The term as defined in Section
9-7-13.1, Code of Alabama 1975.
(3) MARSH CREATION. The deposition of dredged material
or natural or artificial material into public waters to
establish a wetland, island, or marsh habitat on that site.
(4) PUBLIC WATERS. The term as defined in Section
9-11-80, Code of Alabama 1975.
(5) SHORELINE RESTORATION. The deposition of dredged
material or natural or artificial material directly on or
adjacent to an existing shoreline to restore or preserve the
shoreline and the deposition of such material south of Dauphin
Island or south of the Fort Morgan Peninsula for the
restoration of Dauphin Island or Sand Island. This term
includes a living shoreline project.
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includes a living shoreline project.
(b) This section shall apply only in coastal areas.
(c) Any person that dredges more than one million cubic
yards of material in a year shall cause at least 70 percent of
the dredged material to be beneficially used. No funds
appropriated from the State General Fund to a person shall be
used for expenses incurred by the person to comply with the
requirements of this section.
(d) The Alabama Department of Environmental Management
and the Alabama Department of Conservation and Natural
Resources shall adopt rules to implement this section,
including revising the Alabama Coastal Area Management Program
as necessary.
(e) A person shall not be required to comply with
subsection (c):
(1) Except to the extent that federal funds are
available and have been allocated for beneficial use when
permitted and approved beneficial use sites are available in
the state and have a demonstrated capacity for suitable
material; or
(2) If the Governor, by order or proclamation declaring
a state of emergency, specifically references this section and
states that this section shall not be in effect. Such an order
or proclamation shall provide a date on which the order shall
be terminated and no longer in effect.
(f) Nothing in this section shall be construed to grant
a third party standing to bring a private cause of action
relating to this section.
Section 2. This act shall become effective on October
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Section 2. This act shall become effective on October
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1, 2026.
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Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 27-Jan-26, as amended.
John Treadwell
Clerk
Senate 03-Feb-26 Amended and Passed
House 03-Feb-26 Concurred in Senate
Amendment
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