Alabama 2025 Regular Session

Alabama House Bill HB578 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB578INTRODUCED
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3	3	HB578
4	4	BYV6G4J-1
5	5	By Representatives Wood (D), Oliver
6	6	RFD: State Government
7	7	First Read: 15-Apr-25
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12	12	5 BYV6G4J-1 04/10/2025 ZAK (L)ma 2025-1525
13	13	Page 1
14	14	First Read: 15-Apr-25
15	15	SYNOPSIS:
16	16	This bill would prohibit the Alabama Department
17	17	of Environmental Management from processing certain
18	18	permits for quarries unless approved by the appropriate
19	19	local government.
20	20	This bill would provide procedures for a local
21	21	government to consider approving a quarry, including
22	22	requiring certain information be submitted to and
23	23	considered by the local government and that a public
24	24	hearing be conducted.
25	25	This bill would also require a local government
26	26	that has approved a quarry to establish an advisory
27	27	board to receive reports on the quarry's impact.
28	28	A BILL
29	29	TO BE ENTITLED
30	30	AN ACT
31	31	Relating to quarries; to prohibit the Alabama
32	32	Department of Environmental Management from processing certain
33	33	permits for quarries unless approved by a local government; to
34	34	provide procedures for quarry approval by a local government,
35	35	including required information to be considered and a public
36	36	hearing; and to establish a residential advisory board for
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66	66	hearing; and to establish a residential advisory board for
67	67	monitoring approved quarries.
68	68	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
69	69	Section 1. This act shall be known and may be cited as
70	70	the Alabama Quarry Safety Act.
71	71	Section 2. The Legislature finds and declares all of
72	72	the following:
73	73	(1) Quarries are of high importance to Alabama's
74	74	economy, as they produce the needed building materials for
75	75	roads and buildings and help make Alabama's residents' lives
76	76	better.
77	77	(2) Alabama is home to a wide-ranging and diverse
78	78	amount of high quality and economically valuable construction
79	79	aggregates.
80	80	(3) Quarries and the aggregate industry play an
81	81	essential role in their respective communities by providing
82	82	quality jobs.
83	83	(4) It is in the best interest of quarry operators to
84	84	continually work to maintain strong, positive relationships
85	85	with their local communities and surrounding property owners.
86	86	(5) Local governments and their residents, when
87	87	supplied with all necessary information, are best equipped in
88	88	determining whether a new quarry would be beneficial to their
89	89	community.
90	90	Section 3. For purposes of this act, the following
91	91	terms have the following meanings:
92	92	(1) AGGREGATE. Any collection of limestone, granite, or
93	93	sandstone extracted from natural sources through blasting.
94	94	(2) DEPARTMENT. The Alabama Department of Environmental
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124	124	(2) DEPARTMENT. The Alabama Department of Environmental
125	125	Management.
126	126	(3) LOCAL GOVERNMENT. The governing body of a county,
127	127	if a proposed quarry is located in an unincorporated area, or
128	128	the governing body of a municipality, if a proposed quarry is
129	129	located within a municipality's corporate limits.
130	130	(4) OPERATOR. The entity that owns or leases real
131	131	property for the purposes of permitting a quarry or that will
132	132	oversee quarry operations, including managing employees on
133	133	site, controlling the quarry's hours of operation, and
134	134	exercising day-to-day control and access of the quarry.
135	135	(5) QUARRY. An open pit mine, excavation site, or any
136	136	other place containing heavy machinery and equipment where
137	137	aggregate is mined and processed for sale or to be
138	138	incorporated as a constituent in a product to be sold. The
139	139	term does not include the extraction of coal, marble, sand,
140	140	and silts, either in an underground mine or open pit mine.
141	141	Section 4. (a) Commencing October 1, 2025, the
142	142	department may not process any new application for an air or
143	143	National Pollutant Discharge Elimination System permit for a
144	144	quarry unless the operator has received siting approval
145	145	pursuant to this act from the local government.
146	146	(b) In determining whether to approve the siting of a
147	147	proposed new quarry, the local government shall consider each
148	148	of the following submitted by the operator:
149	149	(1) Comprehensive Quarry Use Plan: A detailed and
150	150	descriptive plan that outlines the proposed use of the quarry,
151	151	including its anticipated duration and potential impacts on
152	152	the surrounding area, and addresses the quarry's effects on
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182	182	the surrounding area, and addresses the quarry's effects on
183	183	local infrastructure, adjacent properties, businesses within
184	184	the local government's jurisdiction, or any other direct
185	185	impacts within the local government's jurisdiction.
186	186	(2) Traffic Impact Study: An analysis of the quarry's
187	187	effect on surrounding transportation networks, including
188	188	local, county, state, and federal roads within a reasonable
189	189	distance performed by a licensed traffic engineer . The study
190	190	shall account for increased traffic generated by both
191	191	employees and truck operations.
192	192	(3) Infrastructure Impact Report: A written report that
193	193	provides information outlining the local government's need for
194	194	construction aggregates to facilitate the development of
195	195	necessary infrastructure, including roads, residential and
196	196	commercial development, and other community development needs.
197	197	(4) Noise Study: An analysis of potential noise
198	198	disruptions for property owners in the vicinity of the quarry
199	199	and an overview of any mitigation efforts performed by an
200	200	acoustical engineer .
201	201	(5) Reclamation Plan: A plan that outlines how the
202	202	operator intends to restore the quarry to a post-use state
203	203	that benefits the local government and community.
204	204	(6) Community Advisory Plan: A plan that ensures
205	205	residents have the opportunity to communicate with the
206	206	operator and provides a framework for managing any disputes
207	207	that may arise.
208	208	(c) In addition to subsection (b), a local government
209	209	shall find both of the following are satisfied before
210	210	approving a quarry site:
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240	240	approving a quarry site:
241	241	(1) The quarry site is not less than 250 contiguous
242	242	acres in size.
243	243	(2) The operator, no later than the date on which the
244	244	quarry is approved, has established setbacks of at least 100
245	245	feet from the perimeter of the quarry site.
246	246	(d)(1) Within 60 days of receiving all documents and
247	247	information required by subsections (b) and (c), a local
248	248	government shall hold a public hearing on the proposed quarry
249	249	and provide notice of the hearing at least 30 days in advance
250	250	at the local government's meeting place and on the local
251	251	government's official website, if one exists. The notice shall
252	252	contain a description of the quarry's location, size, and
253	253	other pertinent information and identify an individual from
254	254	whom additional information may be garnered.
255	255	(2) All documents and information required to be
256	256	submitted to the local government pursuant to subsections (b)
257	257	and (c) shall be available for public inspection during normal
258	258	business hours at the local government's meeting place.
259	259	(e) Not more than 30 days after the public hearing, the
260	260	local government shall approve or deny the proposed quarry
261	261	site and provide the reasons for doing so. The failure of the
262	262	local government to render a decision on the proposed quarry
263	263	within the 30 day time frame shall constitute a denial by the
264	264	local government.
265	265	(f) This section shall not apply to either of the
266	266	following:
267	267	(1) Applications made to the department prior to
268	268	October 1, 2025, including an active or inactive quarry that
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298	298	October 1, 2025, including an active or inactive quarry that
299	299	has obtained a Mine Identification Number from the Mine Safety
300	300	and Health Administration prior to October 1, 2025.
301	301	(2) Permits for quarrying operations required for the
302	302	expansion of mining activity for a quarry that has previously
303	303	received a permit from the department.
304	304	(g) This section does not abrogate an operator from
305	305	obtaining and complying with all other necessary permits and
306	306	approvals required in connection with a proposed quarry.
307	307	Section 5.(a) Upon approving a quarry site, a local
308	308	government shall appoint at least five residents of the local
309	309	government's jurisdiction to an advisory board. The membership
310	310	of the board shall include each of the following:
311	311	(1) An elected official of the local government.
312	312	(2) An owner of residential property that is in a
313	313	reasonably close proximity to the quarry.
314	314	(3) A business owner or manager conducting business in
315	315	a reasonably close proximity to the quarry.
316	316	(b) The board shall meet not less than quarterly and
317	317	shall receive a report from the operator as to the quarry's
318	318	ongoing impact on the local community.
319	319	Section 6. This act shall become effective on October
320	320	1, 2025.
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