Committee approves bill narrowing "waters of the Commonwealth" definition after hours of testimony on groundwater protections

The Committee on Natural Resources and Energy voted to approve Senate Bill 89 as amended on a voice/roll call vote after roughly 30 minutes of testimony and member discussion during a special-called meeting.

Senator Scott Maiden, Senate District 29, the bill sponsor, told the committee SB 89 would align Kentucky's definition of "waters of the Commonwealth" with the federal term "waters of the United States" and codify an existing method for calculating bonds related to long-term water treatment at mine sites. "One of the reasons I ran for office [was] to protect our coal miners, our coal communities," Maiden said, adding the changes would provide regulatory clarity "for Kentucky businesses, home builders, manufacturers, and our farming and coal industry."

Supporters listed by the sponsor included the Home Builders Association of Kentucky, Kentucky County Judge Association, Kentucky Farm Bureau, Kentucky Coal Association, American Petroleum Institute, Kentucky Association of Manufacturers, Associated General Contractors of Kentucky, Associated Builders and Contractors of Indiana and Kentucky, Agribusiness Association of Kentucky and Americans for Prosperity.

The bill and a committee amendment drew extensive opposition from water and environmental advocates and a technical presenter who said groundwater monitoring data shows persistent contamination. Reece Drew, founder and managing director of The Kentucky Steward,…