Coal combustion residuals; Chesapeake Bay watershed, closure. (HB2105)

Introduced By

Del. Jennifer Carroll Foy (D-Woodbridge) with support from co-patron Del. Kaye Kory (D-Falls Church)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Coal combustion residuals; Chesapeake Bay watershed; closure. Requires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, that is located in the Chesapeake Bay watershed to close such CCR unit by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. Any owner or operator that disposes of CCR in such a landfill is required to explain why recycling is not economically feasible. Such a closure project shall be completed within 15 years of its initiation and shall be accompanied by water testing or a connection to a municipal water supply for every residence within one-half mile. The bill provides that if the owner or operator moves CCR off-site, it shall use rail transportation to the maximum extent practicable and shall develop and make publicly available a transportation plan for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure work, to the maximum extent practicable, utilize local labor and ensure that the work is performed by responsible contractors that pay workers fair wages and benefits. The bill requires the CCR unit owner or operator to submit two annual reports beginning October 1, 2019, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals. Read the Bill »


Bill Has Failed


01/08/2019Prefiled and ordered printed; offered 01/09/19 19103874D
01/08/2019Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/16/2019Assigned ACNR sub: Subcommittee #3
01/29/2019Impact statement from DPB (HB2105)
01/30/2019House committee, floor amendments and substitutes offered
01/30/2019Tabled in Agriculture, Chesapeake and Natural Resources (19-Y 3-N) (see vote tally)