SESSION ENGROSSEDENROLLED 23104599D SENATE JOINT RESOLUTION NO.

258 AMENDMENTE INN THERequesting NATURE OF A SUBSTITUTE (Proposed by the SenateDepartment Committeeof onEnergy Rules) (Patron Prior to Substitute––Senatorstudy Hackworth)the Senateeconomic Amendmentsand inenvironmental [impacts ]of -eliminating FebruaryR 3,waste 2023 Reqwaste coal piles in Southwest Virginia.

Report.conomicReport. and environmental impacts of eliminating WHEREAS, the material left over from coal mining has resulted in garbage of bituminous (GOB) piles that contain mining waste and waste coal throughout Southwest Virginia;

andO EAgreed WHEREAS,to by the 1977Senate, SurfaceFebruary Mining22, Control2023 andAgreed Reclamationto Actby (SMCRA)the federalizedHouse regulatoryof NDelegates, controlFebruary over17, coal2023 surfaceL mining,L butpiles alsothat heldcontain landownersmining harmless for abandoned mine land features created prior to the SMCRA, which include waste coaland piles otherwise known as waste coal orthroughout GOBGSouthwest piles;Virginia;

andandtuminous R(GOB) E WHEREAS, the result1977 ofSurface holdingMining landownersControl harmlessand forReclamation theseAct "pre-law"(SMCRA) sitesfederalized isregulatory thatcontrol theover Commonwealthcoal issurface ultimatelymining, responsiblebut foralso cleaningheld uplandowners theharmless nearlyfor 152abandoned knownmine GOBland pilesfeatures thatD arecreated Oprior andquitousto inthe SouthwestSMCRA, Virginiawhich atinclude anwaste estimatedcoal liabilitypiles asotherwise highknown as $2.4waste billioncoal justor toGOB reclSimpiles; the sites;

WHEREAS,and theCommonwealth estimatedis 80ultimately millionresponsible cubicfor yardscleaning ofup materialthe spreadnearly over152 3,300known acresGOB contributeSpiles overthat 20,000are tonsubiquitous ofin sedimentSouthwest toVirginia Virginia'sat waterways,an annuallyestimated dischargingliability acidicas waterhigh intoas watersheds$2.4 thatbillion canjust includeto iron,reclaim manganese, and aluminum in some of the mostsites; biodiverse rivers in the United States;

and D WHEREAS, thesethe GOBestimated piles80 aremillion subjectcubic toyards randomof uncontrolledmaterial firesspread andover the3,300 Unitedacres Statescontributes GeologicalJ Surveythat reportscan thatinclude theseiron, coalmanganese, firesand posealuminum multiplein threatssome toof the globalmost environmentbiodiverse becauserivers theyin emitthe greenhouseUnitedsheds gases5 andStates; other toxic substances that threaten human and environmental health;

and E WHEREAS, currently,these theGOB onlypiles viableare optionsubject to eliminaterandom thisuncontrolled hazardfires permanentlyand isthe toUnited combustStates theR non-permanentGeological solutionsSurvey includereports cappingthat orthese interringcoal thefires material,pose exposingmultiple threats to the Commonwealthglobal toenvironment abecause long-termthey maintenanceemit liabilitygreenhouse thatgases wouldand exceedother thetoxic initialsubstances liabilitythat tothreaten reclaimhuman theand sites;environmental health;

aSdandWHEREAS, WHEREAS,currently, sincethe VCHEC'sonly commissioning,viable itoption hasto burnedeliminate overthis 10hazard millionpermanently tonsis ofto combust the material andat has2the spurredVirginia aCity self-sustainingHybrid industry,Energy GOBCenter reclamation,(VCHEC) or other approved facilities, while non-permanent solutions include capping or interring the material, exposing the Commonwealth to a long-term maintenance liability that supportswould overexceed 100the jobs;initial liability to reclaim the sites;

and 8spurred WHEREAS,a theself-sustaining Commonwealthindustry, must fully evaluate both the economic and environmental impacts ofS GOB pilesreclamation, tothat Southwestsupports Virginiaover versus100 thejobs; impact of a fully operating VCHEC facility or other 1 approved facilities and gauge the complete economic impact to the Commonwealth should VCHEC or other approved facilities be idled and the full liability of the cleanup be shouldered by taxpayers;

now,andal 36and therefore,has beWHEREAS, itthe 38Commonwealth requestedmust tofully studyevaluate both the economic and environmental impacts of eliminatingGOB waste coal piles into Southwest 39Virginia Virginia.versus the impact of a fully operating VCHEC facility or other approved facilities and gauge the complete economic impact to the Commonwealth should VCHEC or other approved facilities be idled and the full liability of the cleanup be shouldered by taxpayers;

40now, IntheRESOLVED conductingby itsthe study,Senate, the DepartmentHouse of EnergyDelegates (theconcurring, Department)That shallthe conveneDepartment aof workEnergy groupbe ofrequested stakeholdersto featuringstudy representativesthe fromeconomic state and local governments, investor-owned utilities, environmental organizations,impacts theof eliminating waste coal reclamationpiles industry,in andSouthwest othersVirginia. deemed appropriate by the Department.

In conducting its study, the Department of Energy (the Department) shall convene a work group of environmental organizations, the waste coal reclamation industry, and others deemed appropriate by the Department.

The Department shall complete its meetings by November 30, 2023, and shall submit to the Governor and the General Assembly an executive summary and a report of its findings and recommendations, if any, for publication as a House or Senate document.

unless an appropriation effectuating the purposes of this resolution is included in a general appropriation act passed in 2023 by the General Assembly that becomes law.