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2020 SESSION

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20104490D
HOUSE BILL NO. 1641 Offered January 16, 2020 A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3, relating to coal ash ponds; drinking water well; resident notification. ----------
Patrons-- Ayala, Carroll Foy, Bulova, Cole, J.G., Convirs-Fowler, Delaney, Edmunds, Gooditis, Hayes, Helmer, Herring, Hope, Hurst, Jones, Keam, Krizek, Leftwich, Levine, Lindsey, Lopez, Murphy, Plum, Rasoul, Roem, Sickles, Simon, Tran and Watts
---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3 as follows:

§ 10.1-1413.3. Drinking water well testing near coal ash ponds; resident notification.

A. For the purposes of this section:

"Coal ash pond" means any impoundment or other accumulation of coal combustion by-products that is located in the Chesapeake Bay watershed and is constructed or utilized by an electric utility or independent power producer to hold, dispose of, treat, or store coal combustion by-products.

"Utility" means the owner or operator of a coal ash pond.

B. No later than October 1, 2020, each utility in the Commonwealth shall submit to the Department a complete survey identifying all drinking water supply wells within three miles of any coal ash pond boundary. The utility shall use reasonable efforts to determine the locations of all wells within three miles of the coal ash pond boundary and shall not rely solely on records maintained by the Virginia Department of Health or other public records. Such reasonable efforts shall include the distribution of notices that explain the purpose of the survey to each landowner. The utility shall distribute such notices through the United States mail to the owner of each parcel of land any part of which is located within three miles of a coal ash pond boundary and shall post a notice in at least one newspaper of general circulation in the locality.