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Opposition to SB89 – Protect Kentucky’s Water and Communities

To: Sen. Berg, Rep. Stalker, Gov. Beshear

From: A constituent in Louisville, KY

February 28

I am writing to express my strong opposition to Senate Bill 89 (SB89), which proposes modifications to Kentucky’s environmental statutes, particularly in the areas of water protection, permit definitions, and bonding requirements for surface coal mining operations. While the bill is framed as a means of improving oversight and financial assurance, I believe it ultimately weakens environmental protections and puts Kentucky’s water resources and communities at risk. One of the most concerning aspects of SB89 is its narrowing of the definition of “waters of the Commonwealth” to align only with federal navigable waters definitions. This change would remove protections from many smaller streams, wetlands, and other vital water bodies that serve as drinking water sources, wildlife habitats, and natural flood mitigators. The previous broader definition ensured that all waters in Kentucky received appropriate regulatory oversight, and limiting it now could lead to increased pollution and environmental degradation. Additionally, while the bill introduces a new financial assurance mechanism for long-term water treatment related to surface coal mining, it does not go far enough to ensure mining companies are fully accountable for the long-term environmental damage they may cause. The proposed 25-year financial bond calculation may underestimate the actual costs of water treatment, leaving taxpayers vulnerable to footing the bill should mining operators default or abandon their responsibilities. Kentucky has seen past examples of companies failing to meet their cleanup obligations, and this bill does not provide adequate safeguards to prevent such occurrences in the future. Protecting Kentucky’s water resources is not just an environmental issue—it is a public health and economic issue. Clean water is essential for agriculture, industry, and recreation, and any legislative changes that weaken our ability to safeguard it should be rejected. I urge you to oppose SB89 and instead support policies that strengthen, rather than diminish, Kentucky’s commitment to environmental protection and public health. Thank you for your time and consideration. I hope you will stand with your constituents in prioritizing clean water and environmental responsibility over industry convenience.

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