Alabama Senate passes bill to prevent state environmental regulators from setting more stringent standards than the federal government

February 3, 2026 – MONTGOMERY, Ala. – The Alabama Senate passed legislation that would require state environmental regulatory agencies to follow the federal standard and not set a rule that is higher or more stringent than the federal regulation.

SB71 is sponsored by state Senator Donnie Chesteen (R-Dothan).

This bill addresses administrative law and procedures for the state of Alabama.

The legislation had already received a favorable report recommendation from the Senate County and Municipal Government Committee.

Chesteen explained that SB71 would require that, "No state agency may adopt a rule more stringent than the federal law" and that the agencies would be required to follow the "best available science."

Senator Linda Coleman-Madison (D-Birmingham) expressed some concerns about the bill.'

Sen. Coleman-Madison said that there is a whole community in North Birmingham that was formally declared an EPA Superfund site due to the industrial pollution that accumulated there over decades of heavy industrial production.

"A lot of that soil had to be removed," said Coleman-Madison. "They built a school on toxic land. In Ensley there was a company that was supposed to properly dispose of car batteries. This is right there at Jackson-Olin high school. At night they were digging a hole and burying the batteries. It is near Village Creek. Over the years the acid leached into the soil and the ground water. When they tested the children in that neighborhood they had three times the level of lead that an adult would have."

Coleman-Madison claimed that cancers, early deaths, and chronic illnesses in these areas in Birmingham are attributable to industrial pollution.

Coleman-Madison expressed her concern that, "If this passes you don't have any process in the state of Alabama to make those bad actors accountable."

"The bar is the federal law," Chesteen explained. "That is the standard that we have here and we have ADEM (the Alabama Department of Emergency Management). The Department has emergency procedures," it can utilize if there is a situation where they need to intervene.

"They do not have to go through the normal procedure of rule making," when an emergency need is discovered Chesteen explained. "In speaking with those involved in this they will address the issues that you are speaking of."

Sen. Coleman-Madison attempted to amend the bill.

"You and I had a chance to discuss this this morning and my concern is that it would gut the bill," said Chesteen. "In your amendment you are deleting the entire paragraph on best scientific understanding."

Chesteen allowed there to be a vote on the amendment which he opposed.

"I ask that you vote no," Chesteen said.

The Coleman-Madison amendment was defeated 7 to 25 on a largely partyline vote.

Sen. Bobby Singleton (D-Greensboro) expressed concerns about the legislation and how it would affect ADEM's regulation of brownfields.

"It takes away the Director of ADEM's ability to say how they address a brownfield," Singleton said.

Chesteen said, "ADEM has the emergency rule this does not change that."

"The federal standard is the ceiling," Chesteen explained. "It can't go above the federal law but we can make it work for what we have to deal with in Alabama."

Singleton asked, "So if no federal law or regulation sets a standard on the public who sets that rule?"

Chesteen answered, "If there is no federal law or regulation in place the state has the authority to set that standard."

"The problem I have with these rules is that EPA changes from administration to administration," said Singleton.

Chesty acknowledged that the changing of rules by the Obama administration only to have the rules change again during Trump has been an issue.

"That is a problem that ADEM needs to address," Chesteen said.

"Do we really need ADEM if we pass this law?" said Singleton. "At the end of the day I want to make sure that we have agency that protects the interest of the state of Alabama."

"If we take away the ability of ADEM to promulgate rules then we are doing ourselves a disservice," said Singleton.

Singleton asked who is supporting this bill.

"This is a Manufacture Alabama bill," Chesteen said.

The bill was carried over at the call of the chair so that Singleton could talk it over with Chesteen about possible changes to the bill.

After the Senate passed the other bills on it's special order calendar SB71 was brought back;

"I appreciate you listening and hopefully come to a good place with this piece of legislation," said Singleton. "While I am not 100% in agreement with you on this, but as long as we are not compromising on our values to protect the environment I am OK with it."

Senator Vivian Figures (D-Mobile) was not convinced.

"I am pro-business but I am not pro-business to the point that people are dying from what they do," said Figures. "I can't vote for your bill." "I know that your President wants to get rid of all regulation. He does whatever he wakes up and wants to do. If we pass this bill it is not going to be easy to undo it."

"We do not want to do harm to our citizens or to the environment," said Chesteen."

Figures said that Chesteen did not come up with this bill on his own.

"I had a group that came to me and asked me to work on this bill," Chesteen said.

Figures asked who they were.

"I would rather not say," Chesteen answered.

"Do they have a name?" asked Figures.

"They have a name," Chesteen answered without revealing which company or trade association he was talking about.

SB71 passed. In a 24 to 7 vote. The legislation now goes to the Alabama House of Representatives for their consideration.

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