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SB71 ENROLLED
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SB71
84IXWHH-3
By Senator Chesteen
RFD: County and Municipal Government
First Read: 13-Jan-26
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First Read: 13-Jan-26
Enrolled, An Act,
Relating to administrative law; to prohibit agencies
from adopting a new rule, or amending an existing rule, that
establishes standards for certain environmental protection
subjects that are more stringent than the federal
requirements; and to prohibit an agency from adopting a new
rule, or amending an existing rule, in the absence of federal
requirements, unless the rule is based on the best available
science and the weight of scientific evidence.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, the
following terms have the following meanings:
(1) AGENCY. The term as defined in Section 41-22-3,
Code of Alabama 1975.
(2) BEST AVAILABLE SCIENCE. Science that:
a. Is reliable, unbiased, subject to independent
verification, and applies to the agency's rule;
b. Maximizes the quality, objectivity, relevance,
completeness, and integrity of information, including
statistical information; human, animal, and other relevant
scientific studies; and, if applicable, human health
risk-based assessments; and
c. Involves the use of scientifically defensible and
quality-assured supporting studies conducted in accordance
with generally accepted scientific or technical practices
utilizing data collected by generally accepted methods or best
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utilizing data collected by generally accepted methods or best
available methods and that are:
1. Site-specific studies, including area-wide or
statewide studies;
2. Studies published in a refereed journal; or
3. External peer-reviewed studies contained in a
federal government report published for a purpose other than
development of a rule.
(3) GENERALLY ACCEPTED SCIENTIFIC OR TECHNICAL
PRACTICES. Scientific methods, principles, or protocols that:
a. Are broadly acknowledged and routinely applied by
the relevant scientific community;
b. Are consistent with refereed journal literature or
established technical standards; and
c. Have been tested for reliability and validity.
(4) MANIFEST BODILY HARM. A physical disease or injury
that is:
a. Presently existing and diagnosable;
b. Not based solely on the presence or detection of a
substance in the human body; and
c. Not based solely on an increased risk of disease.
(5) REFEREED JOURNAL. A publication that:
a. Uses an editorial board or critical review panel of
subject matter experts in the relevant scientific or technical
disciplines who critically and objectively assess the
methodology and analysis of submitted scientific studies in a
nonpartisan fashion and provides editorial services prior to
publication; and
b. Takes meaningful steps to avoid biases in the
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b. Takes meaningful steps to avoid biases in the
publication's scientific review process.
(6) WEIGHT OF SCIENTIFIC EVIDENCE. An approach to
scientific evaluation in which each piece of relevant
information is considered based on its quality and relevance,
which, at a minimum, includes consideration of study design,
fitness for purpose, replicability, peer review, and
transparency and reliability of data; and the information is
transparently integrated with other relevant information to
inform the scientific evaluation prior to making a judgment
about the scientific evaluation.
(b) 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.
(c) Notwithstanding subsection (b), if there is no
federal law or regulation establishing a standard regarding
the same or a substantially similar topic, an agency may not
adopt a new rule or amend an existing rule that establishes
numeric criteria or numeric limitations applicable to a
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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
unless, for each individual chemical substance, mixture,
contaminant, pollutant, hazardous substance, solid waste,
hazardous constituent, or hazardous waste to which the rule
applies, the scientific and technical information relied on to
support the standard established by the rule is based on the
best available science and the weight of scientific evidence.
(d)(1) For any rule adopted pursuant to subsection (c)
to protect human health, safety, or welfare, the best
available science and the weight of scientific evidence shall
establish a direct causal link between exposure at or above
the numeric criteria or numeric limitations provided by the
rule and manifest bodily harm in humans, based on generally
accepted scientific or technical practices.
(2) In the absence of data from voluntary scientific
studies on humans, best available science and the weight of
scientific evidence may be based on tests performed on
experimental animal species or human and animal cells
establishing a direct causal link, based on generally accepted
scientific or technical practices, between exposure at or
above the numeric criteria or numeric limitations provided by
the rule and manifest bodily harm in humans, provided that the
harm may be extrapolated to humans based on the best available
science and the weight of scientific evidence.
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science and the weight of scientific evidence.
(e)(1) No agency shall establish as the default or be
required to use values from the United States Environmental
Protection Agency's Integrated Risk Information System in the
development of numeric water quality criteria.
(2) An agency that has adopted a rule establishing use
of the United States Environmental Protection Agency's
Integrated Risk Information System as the default in any
numeric water quality criteria shall revise all rules to
comply with this subsection not later than nine months after
the effective date of this act.
(f) This section does not apply to any of the
following:
(1) A rule that is required by federal law or
regulation, including a rule adopted to comply with, and in
furtherance of, federal agency authorization or primacy
requirements, so long as an agency does not have discretion or
flexibility under some or all of the federal requirements or
authorization.
(2) A rule that is less 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 or that is substantively equivalent to a federal
law or regulation.
(3) A rule that would repeal or modify an existing rule
to be less stringent or extensive in scope, coverage, or
effect.
(4) An emergency rule adopted pursuant to Section
41-22-5, Code of Alabama 1975.
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41-22-5, Code of Alabama 1975.
Section 2. This act shall become effective immediately.141
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Section 2. This act shall become effective immediately.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB71
Senate 03-Feb-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Passed: 17-Feb-26
By: Senator Chesteen
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