CHARLOTTE, N.C. (AP) — North Carolina’s attorney general said Wednesday that Duke Energy’s coal ash pits must be cleaned up to protect the state’s waterways, but the costs shouldn’t be passed along to consumers through higher utility rates.

The state Senate is considering legislation that would require Duke by 2029 to remove its 100 million tons of coal ash now stored in 33 unlined pits across the state or seal it in place.