Posted on January 19, 2026
The U.S. Army Corps of Engineers and the Alabama Port Authority released a fiscal note claiming a bill to curb thin-layer mud dumping in Mobile Bay would cost the state an estimated $65 million a year. However, those concerns are already being addressed on the federal level.
The state bill, requiring 70% of dredge material to be put to beneficial use, is being introduced by State Sen. Chris Elliott (R-Josephine) and State Rep. Rhett Marques (R-Enterprise).
Elliott said the estimate was a rushed attempt to discourage the bill’s passage. He said he already spoke with the Legislative Services Agency (LSA) and that the bill would not cost the state anything.
“If you look at it, it says, ‘We were in a hurry. There was going to be a committee meeting. We reached out to the port and said, ‘What do you think this is going to cost?” Elliott said. “And so, the Port, who is opposed to the bill, ginned up some numbers and gave them back and they put it in the fiscal note. That note will change.”
If state funding is needed for beneficial use, Elliott said the state will deal with that, but he contends the projects are federally funded.
Alabama Port Authority vice president of communications and federal affairs Maggie Oliver said the Authority supports beneficial use projects, but argued it cannot afford them. She said the $65 million is a conservative estimate.
“The port is fully supportive of beneficial use,” Oliver said. “We do it all the time. We’re active proponents of it. You know, we’re actively implementing it, but it is a very expensive thing to implement.”
Oliver said there are four options for disposing of dredge material: land, offshore, in-bay, or beneficial use. The cost for offshore or onshore is estimated at $13-$15 per yard. In-bay is $8 per yard. Beneficial-use projects, she said, can cost up to $32 per yard due to containment and transportation.
“As written right now, the bill is asking us to build a house without any money to buy the materials we need to build the house,” Oliver said.
However, the problem may already have been addressed by U.S. Sen. Katie Britt (R-Montgomery).
The National Environmental Policy Act (NEPA) reviews and approves federally funded projects. NEPA approved thin-layer placement of dredge material in Mobile Bay. Oliver claims the state would be responsible for any additional costs incurred by beneficial use projects.
The NEPA recertification occurs every 10 years and is up for reconsideration in 2027. However, Britt already moved to change that and provide funding for beneficial use projects.
As part of the Fiscal Year 2026 Energy and Water Appropriations Act, Britt secured over $12 million for beneficial use projects in the Mobile Channel, Upper Mobile Bay and Dauphin Island and over $750,000 for the Corps to begin the NEPA review for long-term maintenance of the channel. Additionally, the Fiscal Year 2026 Commerce, Justice and Science Act includes $500,000 for the Alabama Port Authority to study increased sedimentation and $1 million for the Alabama Wildlife Federation to restore oyster reefs in Mobile Bay.
Elliott said the state legislation is his top priority for this legislative session.
