Oklahoma 2023 Regular Session

Oklahoma House Bill HB1941 Compare Versions

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28-ENGROSSED HOUSE
29-BILL NO. 1941 By: McCall of the House
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
3030
31- and
31+STATE OF OKLAHOMA
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33- Kidd of the Senate
33+1st Session of the 59th Legislature (2023)
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35+HOUSE BILL 1941 By: McCall
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41+AS INTRODUCED
3942
4043 An Act relating to mining; amending 45 O.S. 2021,
4144 Sections 723 and 724, which relate to definit ions and
4245 permits; modifying defi nition; defining term;
4346 modifying reference to certain responsible party;
4447 requiring application contain certain informati on
4548 regarding contract miners; requiring i dentification
4649 of contract miner; requiring certain assignment b e
4750 subject to notice and hearing requiremen ts; and
4851 providing an effective date.
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5457 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5558 SECTION 1. AMENDATORY 45 O.S. 2021, Section 723, is
5659 amended to read as follows:
5760 Section 723. Whenever used or referred to in Sections 722
5861 through 738 of this title, unless a different meaning clearly
5962 appears from the context:
6063 1. "Overburden" means all of the earth and other materials
6164 which lie above natural deposits of min erals, and also means such
6265 earth and other materials disturbed from their natu ral state in the
6366 process of surface mining;
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9094 2. "Mine" means an underground or surface excavation and
9195 development with or without shafts, slopes, drifts or tunnels for
9296 the extraction of minerals, with hoisting or haulage equipment and
9397 appliances for the ex traction thereof, and shall embrace any and all
9498 of the land or property of the plant, and the surface and
9599 underground, that contribute directly or indirectly to the mining
96100 properties, concentration or handling of minerals;
97101 3. "Mining" means the extraction of minerals from natural
98102 deposits by any method or process;
99103 4. "Minerals" means asphalt, clay, copper, granite, gravel,
100104 gypsum, lead, marble, salt, sand, shale, stone, tripoli, volcanic
101105 ash and zinc, or any other substance common ly recognized as a
102106 mineral, and includes ores or rock containing any such substances,
103107 but excludes oil, gas and any other mineral found naturally in a
104108 liquid or gaseous state;
105109 5. "Underground mining" means those mining operations carried
106110 out beneath the surface by means of shafts , slopes, tunnels or other
107111 openings leading to the mineral being mined and the extraction of
108112 the mineral through such shafts, slopes, tunnels or their openings;
109113 6. "Surface mining" means those mining operations carried out
110114 on the surface, including strip mining, auger mining, quarrying,
111115 dredging, pumping, or the use of hydraulic methods.
112116 Surface mining shall not include excavation or removal of shale,
113117 sand, gravel, clay, rock or other materials in remote areas by an
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140145 owner or holder of a possessory interest in land for the primary
141146 purpose of construction or maintenance of access roads to or on such
142147 landowner's property. Surface mining shall not include excavations
143148 or grading conducted for forming, on-site road construction or other
144149 on-site construction, or the extraction of minerals other than
145150 anthracite and bituminous coal by a landowner for noncommercial use
146151 from land owned or leased by the landowner; nor mining for
147152 commercial purposes conducted under a Limited Use Permit issued by
148153 the Department; nor the extraction of sand, gravel, rock, stone,
149154 earth or fill from borrow pits for highway construction purposes, so
150155 long as such work is performed under a bond, contract and
151156 specifications which substantially provide for and require
152157 reclamation of the area affec ted; nor to the handling, processing or
153158 storage of slag on the premises of a manufacturer as a part of the
154159 manufacturing process. Surface mining shall not include the surface
155160 mining of coal or the surface effects of underground co al mining;
156161 7. "Strip mining" means those mining operations carried out by
157162 removing the overburden lying above natural deposits of minerals,
158163 and mining directly from such natural deposits thereby exposed , but
159164 excludes auger mining, quarrying, dredging, pum ping or the use of
160165 hydraulic methods;
161166 8. "Reclamation" means conditioning affected land to make it
162167 suitable for any uses or purposes consistent with those enumerated
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189195 in Section 722 of this title, and to avoid, minimize or correct
190196 adverse environmental eff ects of mining operations ;
191197 9. "Box cut" means the first open cut in strip mining which
192198 results in the placing of overburden on unmined land adjacent to the
193199 initial pit and outside the area to be mined;
194200 10. "Consolidated material" means material of suffic ient
195201 hardness or ability to resist weathering and to inhibit erosion or
196202 sloughing;
197203 11. "Operator" means any person, partnership, firm or
198204 corporation engaged in and controlling a mining operation ,
199205 regardless of whether the person, partnership, firm or corp oration
200206 actually conducts the mining activities of the mining operation ;
201207 12. "Pit" means a tract of land from which overburden or
202208 minerals have been or are being removed in the process of surface
203209 mining;
204210 13. "Affected land" means the area of land from wh ich
205211 overburden shall have been removed, or upon which overburden or
206212 refuse has been deposited, or both;
207213 14. "Refuse" means all waste material directly connected with
208214 the production, cleaning or preparation of minerals which have been
209215 mined by either under ground or surface mining method;
210216 15. "Ridge" means a lengthened elevation of o verburden created
211217 in the surface mining process;
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238245 16. "Peak" means a projecting point of overburden created in
239246 the surface mining process;
240247 17. "Department" means the office of the Chief Mine Inspector,
241248 herein called the Department of Mines and Mining, or such
242249 department, bureau or commission as may lawfully succeed to the
243250 powers and duties of such department;
244251 18. "Director" means the Chief Mine Inspector of the State of
245252 Oklahoma or such officer, bureau or commission as may lawfully
246253 succeed to the powers a nd duties of such Chief Mine Inspector;
247254 19. "Borrow pit" means the one-time or intermittent extraction
248255 of sand, gravel, rock, stone, earth or fill in its natural state,
249256 not being mechanically altered t o affect its size for government -
250257 financed construction purposes. Such work shall be performed under
251258 a bond, contract and specifications which substantially provide for
252259 and require reclamation of the affected area; and
253260 20. "Dimension stone quarry" means a site where natural stone
254261 used as building material is excavated and the stones are selected,
255262 trimmed, or cut to specified shapes or sizes ; and
256263 21. "Contract miner" means any person, partne rship, firm or
257264 corporation which actually conducts the mining acti vities of a
258265 mining operation on behalf of an operator .
259266 SECTION 2. AMENDATORY 45 O.S. 2021, Section 724, is
260267 amended to read as follows:
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287295 Section 724. A. It shall be unlawful for any operator to
288296 engage in any mining operations in t his state without first
289297 obtaining a permit or a Limited Use Permit from the Department of
290298 Mines for each separate mining operation. The Department shall
291299 determine what constitutes a separate m ining operation by rules
292300 promulgated under the Mining Lands Rec lamation Act.
293301 B. Any operator desiring to engage in limited mining acti vity
294302 may apply for a Limited Use Permit for those mining operations not
295303 eligible for a surface mining permit. Applicatio n for such permit
296304 shall be made upon for ms furnished by the Dep artment. The form
297305 shall contain a description of the tract or tracts of land and shall
298306 include the section, township, range and county in which the land is
299307 located. A map shall be attached to the application which
300308 accurately outlines and locates the trac t of land. A statement that
301309 the applicant operator has the right and po wer by legal estate owned
302310 to mine the land so described shall be included with the
303311 application. The application shall cl early indicate whether the
304312 operator will conduct mining activit ies itself, or whether the
305313 operator intends to use a contract miner to c onduct mining
306314 activities. If the operator intends to use a contract miner, the
307315 application shall clearly identify the co ntract miner. In addition,
308316 the following conditions and require ments shall apply to Limited Use
309317 Permits:
310318 1. The maximum acreage shall be restricted to two (2) acres;
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337346 2. The term of a Limited Use Permit shall not exceed twelve
338347 (12) months from the date of issuance;
339348 3. A Limited Use Permit shal l not carry a right of successive
340349 renewal;
341350 4. A Limited Use Permit site must be reclaimed as required by
342351 Section 725 of this title within six (6) months following the
343352 expiration of the permit term;
344353 5. A three-thousand-five-hundred-dollar reclamation bond must
345354 be filed with the Department prior to issuance of the permit;
346355 6. Failure to reclaim the site disturbance within the permitted
347356 time frame or revocation of the Limited Use Permit will be cause for
348357 bond forfeiture or other action as may be ordered by t he Department;
349358 7. The use of processing equipment shall not be approved for a
350359 Limited Use Permit;
351360 8. The use of explosives shall not be appro ved under a Limited
352361 Use Permit;
353362 9. A processing fee of One Hundred Dolla rs ($100.00) shall
354363 accompany the applica tion for a Limited Use Permit; and
355364 10. Mining production shall be reported and paid as requir ed by
356365 Section 931 of this title.
357366 If the above listed conditions and requirements are met, the
358367 Department may issue a Limit ed Use Permit which shall not be subject
359368 to the notice and publ ication requirements as otherwise required by
360369 this section.
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387397 C. 1. Any operator desiring to engage in surface mining sh all
388398 make written application to the Department for a permit.
389399 Application for such permit shall be made upon a fo rm furnished by
390400 the Department. The form shall contain a description of the tract
391401 or tracts of land and the estimated number of acres to be af fected
392402 by surface mining by the operator. The description shall include
393403 the section, township, range and county in which the land is lo cated
394404 and shall otherwise describe the land with sufficient certainty s o
395405 that it may be located and distinguished from o ther lands. The
396406 application shall clearly indicate whether the operator will conduct
397407 mining activities itself, o r whether the operator intends to use a
398408 contract miner to conduct mining activities. If the op erator
399409 intends to use a contract miner, the application shall clearly
400410 identify the contract miner.
401411 2. Transmission lines shall be plotted on a location map
402412 submitted with the applicat ion. A statement that the operator has
403413 the right and power by legal es tate owned to mine by surface mining
404414 the land so described shall be included with the ap plication.
405415 D. 1. Any operator de siring to engage in underground mining
406416 shall make written appli cation to the Department for a permit.
407417 Application for such permit sha ll be made upon a form furnished by
408418 the Department. The form shall contain a descriptio n of the tract
409419 or tracts of land to be used as refuse disposal areas. The
410420 description shall incl ude the section, township, range and county in
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437448 which the land is locate d and shall otherwise describe the land with
438449 sufficient certainty so that it may be loca ted and distinguished
439450 from other lands. The application shall clearly ind icate whether
440451 the operator will conduct mining activities itself, or whether the
441452 operator intends to use a contract miner to conduct mining
442453 activities. If the operator intends to use a contract miner, the
443454 application shall clearly identify the contract mi ner.
444455 2. A statement that the applicant operator has the right and
445456 power by legal estate owned to use t he land so described as a refuse
446457 disposal area shall be included with the application.
447458 E. Each application for a permit under subsections C and D of
448459 this section shall be acco mpanied by a plan of reclamation of the
449460 affected land that meets the requirement s of the Mining Lands
450461 Reclamation Act. The application shall set forth the proposed use
451462 to be made of the affect ed land, the grading to be accomplished, the
452463 type of revegetation, and shall include the approximate time of
453464 grading and initial revegetation e ffort.
454465 F. Each application for a permit under subsections C and D of
455466 this section shall be accompanied by the bo nd or security meeting
456467 the requirements of Section 728 of this title, or proof that such
457468 bond or security is still in effect, and a fee of One Hundred
458469 Seventy-five Dollars ($175.00) for each permit year, payable at the
459470 rate of One Hundred Seventy -five Dollars ($175.00) per year on the
460471 anniversary date of the year in w hich the permit or permit renewal
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487499 was issued. All application fees shall be sub mitted to the State
488500 Treasurer, who shall deposit them in the Department of Mines
489501 Revolving Fund.
490502 G. 1. Upon the receipt of such application, bond or se curity
491503 and fee due from the operator, the Department may issue a permit to
492504 the applicant operator which shall entitle the applicant operator to
493505 engage in mining on the land therein described in accordance with
494506 the rules promulgated by the Departmen t, for the life expectancy of
495507 the operation unless the operator is in violation of any state
496508 statute or rule of the Department in which case the Department shall
497509 take appropriate action against the operator.
498510 2. All applications for renewal of existing per mits shall be
499511 filed prior to the expiration of the existing permit in accordance
500512 with the rules promulgated by the Department.
501513 3. No permit shall be issued except upon proper application and
502514 public hearing, if requested.
503515 H. 1. a. Upon filing the applic ation with the Department, the
504516 applicant operator shall place an advertisement in a
505517 newspaper of general circ ulation in the vicinity of
506518 the mining operation, containing such information as
507519 is required by the Department, at l east once a week
508520 for four (4) consecutiv e weeks.
509521 b. The advertisement shall contain, at a minimum, the
510522 following:
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537550 (1) the name and business a ddress of the applicant
538551 operator,
539552 (2) a description which clearly shows or describes
540553 the precise location and bound aries of the
541554 proposed permit area and is sufficient to enable
542555 local residents to readily identify the proposed
543556 permit area. It may include t owns, bodies of
544557 water, local landmarks, and any other information
545558 which would identify the location,
546559 (3) the location where a copy of the application is
547560 available for public inspection,
548561 (4) the name and address of the Department where
549562 written comments, obj ections, or requests for
550563 informal conferences on the application may be
551564 submitted pursuant to subsection P of this
552565 section,
553566 (5) if an applicant operator seeks a permit to mine
554567 which includes relocation or closing of a public
555568 road, a copy of the county res olution pertaining
556569 to the affected county road, and
557570 (6) such other information as is required by the
558571 Department.
559572 2. Any property owner or resident of an oc cupied dwelling who
560573 may be adversely affected located within one (1) mile of the mining
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587601 operation shall have the right to protest the issuance of a permit
588602 and request a public hearing.
589603 3. The Department shall notify the surface owners of any
590604 hearings in connection with applications or permits in the same
591605 manner as the operator is notified.
592606 4. Such protests must be received by the Department within
593607 fourteen (14) days after the date of publication of the newspaper
594608 advertisement. If a public hearing is requ ested, the Department
595609 shall then hold an informal hearing in the vicinity of the proposed
596610 mining.
597611 5. Upon completion of findings after the hearing, the
598612 Department shall determine whether to issue or deny the permit, and
599613 shall notify all parties of its dec ision.
600614 6. Any decision regarding the issuance of a permit under this
601615 section shall be appealable wh en entered, as provided in the
602616 Administrative Procedures Act.
603617 I. Each application for a new operation shall contain , where
604618 applicable, a list of all other licenses and permits needed by the
605619 applicant operator to conduct the proposed mining operation. Th is
606620 list shall identify each license and permit by:
607621 1. Type of permit or license;
608622 2. Name and address of issuing aut hority;
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635650 3. Identification number or a c opy of the application for
636651 permits or licenses or, if issued, a copy of the permit or license;
637652 and
638653 4. If a decision has been made, the date of approval or
639654 disapproval by each issuing authority.
640655 An existing operation which does not have on file a list of t he
641656 applicable licenses or permits with the Department on the date of
642657 enactment of this act shall no t be out of compliance with the
643658 provisions of this section. Any renewal of an existing permit or
644659 expansion or amendment to an existing operation upon time o f
645660 application shall sub mit a copy of all approved licenses and permits
646661 issued by other agencies or jurisdictions.
647662 Identifications of all permits and licenses shall include local
648663 government agencies with jurisdiction over or an interest in the
649664 area of the proposed mining operatio n including, but not limited to,
650665 planning agencies, water and sewer authorit ies; and all state and
651666 federal government agencies with authority to issue permits and
652667 licenses applicable to the pro posed mining operation, including all
653668 state environmental agenc ies, U.S. Army Corps of Engineers, U.S.
654669 Department of Agriculture Natural Re sources Conservation Service
655670 district office, and federal fish and wildlife agencies.
656671 J. An operator desiring to hav e such operator's permit amended
657672 to cover additional land may f ile an amended application with the
658673 Department. Upon receipt of the amended application, and such
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685701 additional bond as may be required under the provisions of the
686702 Mining Lands Reclamation Act, t he Department shall issue an
687703 amendment to the original permit c overing the additional land
688704 described in the amended application, without th e payment of any
689705 additional fee.
690706 K. An operator may withdraw any land covered by a permit,
691707 deleting affected land th erefrom, by notifying the Department, in
692708 which case the penalty of the bond or security filed by such
693709 operator pursuant to the provisions o f the Mining Lands Reclamation
694710 Act shall be reduced proportionately.
695711 L. Permits issued to an operator may be transfe rable to another
696712 operator, provided the new operator can demons trate to the
697713 Department, prior to the transfer of ownership, that conditions and
698714 obligations required for the permit will be met and the new operator
699715 has submitted a performance bond or other g uarantee, or has obtained
700716 the bond coverage of the original per mittee.
701717 M. The perimeter of the permit area shall be clearly marked by
702718 durable and recognizable markers or by other means approved by the
703719 Department.
704720 N. The Department shall determine the bla sting distance to
705721 transmission lines by rule.
706722 O. 1. If any mining operations where blasting is required
707723 occur within the limits of a muni cipality with a population in
708724 excess of three hundred thousand (300,000) according to the latest
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735752 Federal Decennial Ce nsus or within the limits of a municipal ity
736753 within a county with a population in excess of three hundred
737754 thousand (300,000) according to th e latest Federal Decennial Census,
738755 the application for a permit pursuant to subsections C and D of this
739756 section shall be accompanied by proof that the operat or is in full
740757 compliance with all applicable regulations of the municipality.
741758 Certified copies of any required municipal permits and any other
742759 required written municipal approvals shall be attached to the
743760 application when submitted to the Department. No mining permit
744761 shall be issued by the Department unless the applicant operator
745762 first complies with the requirements of this subsection. A
746763 municipality is not required to reconsider requests denied by the
747764 municipality related to the same site unless the mun icipality
748765 determines there has been a material change in the application.
749766 2. The provisions of pa ragraph 1 of this subsection shall not
750767 apply to existing permitted operations, revisions or amendments
751768 thereto, or any application on file with the Department prior to May
752769 25, 2005. In addition, the provisions of paragraph 1 of this
753770 subsection shall not a pply to any future operation on property
754771 directly adjacent to property on which a permitted operation is
755772 located, provided that the operation is permitted and the adjacent
756773 property is owned or leased by the operator on the effective date of
757774 this act. For purposes of this subsection, properties separated by
758775 a public road shall be considered to be adjacent.
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785803 P. Within a reasonable time, as established by the Dep artment,
786804 written comments or objections on permit or bond release
787805 applications may be submitted to the Department by public entities
788806 including but not limited to the local soil conservation district,
789807 with respect to the effects of the proposed mining opera tions on the
790808 environment.
791809 Q. Any person having an interest in or who is or may be
792810 adversely affected by the decision on a permit or bond release
793811 application, or any federal, state or local agency, shall have the
794812 right to request in writing that the Depart ment hold an informal
795813 conference on the application. The Department shall hold the
796814 informal conference within a reasonable time following the receipt
797815 of the written request at a location in the vicinity of the propo sed
798816 or active surface mining or reclamat ion operation.
799817 R. The assignment of mining activities by an operator to a
800818 contract miner shall be subject to the notice and hearing
801819 requirements of subsection H of th is section.
802820 SECTION 3. This act shall become effective November 1, 2023.
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829-Passed the House of R epresentatives the 21st day of March, 2023.
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834- Presiding Officer of the House
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839-Passed the Senate the ___ day of __________, 2023.
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844- Presiding Officer of the Senate
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822+COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 02/14/2023 - DO PASS.