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Senate re‑refers leachate bill; House members working on revised language to address concerns

3233642 · May 8, 2025
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Summary

The committee received an update that SB566, the leachate management bill the House passed unanimously, was re‑referred by the Senate after outside concerns. Committee staff and members are drafting revised language and plan to consult DES Director Wimsatt before seeking concurrence.

Committee staff reported that SB566, the House’s leachate management bill, cleared the House unanimously and was placed on the Senate consent calendar but was re‑referred by the Senate Environment and Natural Resources Committee after members said they had heard concerns from outside the hearing.

The staff update said members have been working with industry and committee members in the Senate to rework language. Two primary changes in the draft revision were discussed: removal of the phrase requiring DES to make a "positive determination" that a permit application includes a detailed leachate management plan (replaced by a requirement that the application include the plan), and a change to contractual‑arrangement language. The earlier House language required contractual arrangements showing expected daily leachate production would be transported off‑site in a way that minimizes on‑site contamination; the revised draft would require contracts with at least two leachate disposal facilities to demonstrate the permittee can comply with its operating plan.

Staff said they will share the revised language with Director Wimsatt when he returns next week and hope the Senate will add a floor amendment and pass OTPA (ought to pass as amended), which would then return to the House for concurrence. Staff and the chair indicated they believe the revised language still accomplishes the bill’s intent even though some wording was softened.

Ending: The committee did not take formal action on SB566 at the meeting; staff will continue negotiations with the Senate committee and industry stakeholders and circulate the revised draft to committee leadership and members for review.