Governor signs historic coal ash clean up bill, electric bills to increase

RICHMOND — Environmental and consumer groups applauded Gov. Ralph Northam after he signed legislation this week that aims to protect water quality by cleaning up more than 27 million cubic yards of coal ash from unlined ponds in the Chesapeake Bay watershed.

Northam signed into law SB 1355, sponsored by Sen. Frank Wagner, R-Virginia Beach, and HB 2786, sponsored by Del. Riley Ingram, R-Hopewell. The legislation seeks to clean up coal ash sites in the city of Chesapeake and in Prince William, Chesterfield, and Fluvanna counties.

The ash is the byproduct of coal-fired power plants operated by Dominion Energy. The law will require Dominion to move the coal ash to lined landfills or recycling it in a safe manner. It will also require the closure and removal of any coal combustion residuals units, including coal ash ponds or landfills, within the Chesapeake Bay watershed.

“The potential risks to public health and water quality posed by unlined coal ash ponds in the commonwealth are far too great for us to continue with business as usual,” Northam said. “This historic, bipartisan effort sets a standard for what we can achieve when we work together, across party lines, in the best interest of all Virginians. I am proud to sign this legislation into law.”

Ingram echoed those sentiments.

“I was pleased to see that the General Assembly, the governor, House, Senate and

Dominion were able to all come together and come up with a great solution for the coal ash ponds and in my opinion for the betterment of everyone,” Ingram said.

The bills were co-sponsored by several lawmakers, including Sen. Scott Surovell, D-Fairfax, and Del. Jennifer Carroll Foy, D-Prince William. They contributed key components, including a ban on “cap in place” closure of unlined ponds — method critics said could lead to water pollution. Another component is a requirement that at least 25 percent of the coal ash be recycled for concrete or other beneficial uses.

“I think this represents the first time Virginia has adopted environmental regulations that are more protective of the environment than federal law,” Surovell said.  “This represents an important step forward for environmental protections in Virginia.”

Carroll Foy said she was proud that “bipartisan hard work” produced the legislation.

“At town halls and meetings with my constituents, I promised that I would fight for

legislation to recycle coal ash into concrete and other materials and to excavate and remove the remainder of coal ash to lined landfills because it was the most effective way to protect public health and the environment,” Carroll Foy said.

The cleanup is expected to cost several billion dollars. Under the new law, Dominion will be able to pass on the cost to its customers. As a result, state officials have estimated, the average monthly electric bill will increase by about $5.

The Potomac Riverkeeper Network thanked Northam and state legislators for working across party lines to pass the legislation.

“This legislation, which is a result of four years of persistent work by Potomac Riverkeeper Dean Naujoks and our Virginia partners, is an historic step to solve the serious and lingering pollution problem of legacy coal ash,” said Nancy Stoner, the network’s president.

She said that four years ago, Naujoks began testing water wells near some of Dominion’s coal ash ponds and discovered that lead and arsenic had contaminated nearby groundwater.

“The dangers of coal ash, leaking into groundwater, drinking wells, our rivers and streams and ultimately the Chesapeake Bay, have long been documented, and we’re proud of our role in fixing the problem,” Naujoks said.

Kendyl Crawford, director of Virginia Interfaith Power & Light, said the new law was a step in the right direction. But she said the state should have required Dominion to bear the cost of the cleanup.

“It is long overdue that decades-old toxic coal ash is finally being addressed after having poisoned Virginia’s waterways. Removing millions of cubic yards of toxic material along waterways to safe, lined landfills is a step towards a healthier and more just state. Now, we have a moral responsibility to ensure that all coal ash, including that outside of the Chesapeake Bay watershed is safely recycled and disposed,” Crawford said.

“While we applaud the signing of this legislation that cleans up coal ash, once again Dominion, one of our electric utility monopolies, has shown their influence by pushing the fiscal burden to fall on electricity consumers.”