Bill on water pollution regulations passes House
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Bill on water pollution regulations passes House March 12, 2025
Rep. Jim Gooch Jr., R-Providence, speaks on Senate Bill 89 on the House floor on Wednesday. The legislation would change how the state regulates water pollution. A high-res version is available here.
FRANKFORT — A bill that would change how the state regulates water pollution advanced off the House floor on Wednesday.
Rep. Jim Gooch Jr., R-Providence, presented Senate Bill 89 on the House floor on behalf of the bill’s primary sponsor, Sen. Scott Madon, R-Pineville. Gooch said the legislation would protect the coal industry from restrictive regulations.
“We are now seeing unwanted government overreach from our very own Energy an Environment Cabinet,” Gooch said. “Permitting delays have happened that cause unnecessary red tape.”
Gooch said the “out of control” regulatory process could impose $100 million in additional costs for the coal industry. The legislation is a response to a 2023 U.S. Supreme Court ruling on the federal government’s ability to regulate water pollution for certain bodies of water, he added.
A major provision of SB 89 would change the definition of “waters of the commonwealth,” Gooch said.
An amendment made to the bill during the House Natural Resources and Energy Committee meeting earlier Wednesday morning would include navigable waters, sinkholes with open drains, naturally occurring springs and wellhead protection areas in the definition.
All rivers, streams, creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes, and all other bodies of surface or underground water, natural or artificial would be removed from the definition under this bill.
Additionally, SB 89 would change the bond protocol regarding long-term water treatment permits for coal companies.
Rep. Tina Bojanowski, D-Louisville, asked Gooch if the legislation would impact a creek near her home.
Gooch said he believes the cabinet could still regulate other types of water not specifically mentioned in the bill.
In a floor speech, Rep. Chad Aull, D-Lexington, urged everyone to vote “no” on SB 89. He said he believes the bill threatens Kentucky’s drinking water supply and the environment.
“This is not just an environmental issue, my friends,” Aull said. “This bill will also affect our economy and our people’s health. This bill would require additional treatment for drinking and wastewater because fewer water sources would be protected upstream.
“The increased cost of additional testing would be passed down to Kentuckians through rate increases in our water bills.”
In response, Gooch said one of the biggest sources of groundwater issues is sedimentation caused by changes in water levels and another is highway and parking lot runoff.
Hazardous substance dumping would still be illegal if SB 89 becomes law, Gooch added.
Several lawmakers shared concerns on the House floor about the potential for the legislation to cause carcinogens and other harmful materials to contaminate the water. Rep. Sarah Stalker, D-Louisville, asked Gooch if he would be willing to fix any unforeseen consequence caused by the legislation.
Gooch said he would.
“With proper knowledge and facts showing that there were detrimental impacts because of this, yes ma’am, you have my word,” he said.
Rep. Ryan Bivens, R-Hodgenville, spoke in favor of SB 89. He said as a farmer, his biggest concern is government overreach. He also doesn’t believe SB 89 would threaten Kentucky’s drinking water.
“Folks, we’re not going backwards on this,” Bivens said. “We still have regulation in place that we’re going to follow … Our water is much cleaner today than it’s ever been.”
SB 89 advanced off the House floor by a 69-26 vote.
Rep. Vanessa Grossl, R-Georgetown, said she proudly voted “yes” on the bill because it addresses regulatory uncertainty that is having a negative impact on construction and infrastructure improvements.
“This bill safeguards our natural resources while promoting responsible growth,” Grossl said. “This framework provides predictability for developers who are building affordable housing in central Kentucky and ensuring that those essential environmental protections remain in place.”
SB 89 will need to return to the Senate for concurrence on changes made to the legislation before it can go to the governor’s desk for his signature or veto.
News Releases are provided by the LRC Public Information Office. All photos are attributed to LRC Staff.
https://apps.legislature.ky.gov/publicservices/pio/release.html#SB89031225
