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Committee approves bill allowing reuse of coal combustion byproducts on reclaimed mine land amid groundwater questions

2520056 · March 6, 2025
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Summary

House Bill 641 would allow coal combustion byproducts designated as special waste to be placed in abandoned strip-mine sites and permit restored land to be used for agriculture; committee approved the measure while some members raised groundwater and well-water protection concerns.

House Bill 641 would expand options for disposing and reusing coal combustion byproducts by allowing placement in abandoned strip-mine lands and by classifying certain reclaimed sites as eligible for agricultural uses, presenters told the committee.

A committee presenter explained that the bill seeks to conserve landfill space and permit reuse of coal combustion byproducts that currently sit in open piles at some power plants. The presenter said the proposal would allow filling strip-mine sites, covering them with topsoil and classifying the restored land for uses including pasture, hay production or cropland.

"One of the things that this bill tries to do is... make sure that we're trying to save landfill" the presenter said, adding the change would allow reuse of a waste product and potentially reduce open piles exposed to weather.

Representative Miles asked whether repurposing the material was the bill's main purpose; the member summarized, "I think the main purpose of this is just repurposing a waste product is the main reason for this, is it not?" A committee member responding said reuse could reduce runoff from exposed piles currently sitting in the open.

Representative Moore said she had received many constituent emails about groundwater protection and asked whether the bill's safeguards would keep coal combustion byproducts from entering well water used for drinking or agriculture. The presenter reiterated that open piles currently receive rain and runoff and argued that placing and covering the material in reclaimed sites could reduce surface runoff risks, but did not provide new engineering or monitoring specifics in the hearing record.

The Farm Bureau was mentioned as a stakeholder concerned with protecting farmland and the reduction of farmland acreage in the state.

After discussion and a roll call, the committee gave House Bill 641 a favorable report. Representative Watkins asked to explain a vote during roll call; no amendments were recorded on the committee floor.

Why it matters: supporters said the bill would reduce exposed waste piles and preserve landfill space; several members urged continued attention to groundwater protections and monitoring if reuse is allowed.