HB1619 Enacts additional notice and hearing requirements for surface mining permits.
Sponsor: Smith, Philip (11) Effective Date:00/00/0000
CoSponsor: LR Number: 3685L.02C
Last Action: COMMITTEE: ENVIRONMENT AND ENERGY
03/16/2000 - HCS Reported Do Pass (H)
HCS HB 1619
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB1619 Copyright(c)
* Committee * Introduced

Available Bill Text for HB1619
* Committee * Introduced *

BILL SUMMARIES

COMMITTEE

HCS HB 1619 -- SURFACE MINING

SPONSOR:  Wiggins (Smith)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Environment and Energy by a vote of 16 to 1.

Under current law, applicants for surface mining permits are
required to publish a notice in a newspaper of general
circulation in the local area, interested parties may submit
written comments to the Department of Natural Resources or
request a public hearing for 15 days after the application is
filed, and the department must forward a recommendation on the
permit to the Land Reclamation Commission by the end of the
public comment period.  This substitute requires applicants to
publish a notice once a week for 4 weeks, beginning no more than
10 days after the application is filed.  Applicants are also
required to notify by mail the local governing body and property
owners within 1,000 feet of the proposed surface mine.  Notices
must include a statement that interested parties may submit
written comments to the department or request a public hearing
up to 15 days after the end of the 4-week public notice period.
The department must forward its recommendation on the permit to
the commission within 4 weeks after the end of the public notice
period.  If a public hearing was requested, the department will
conduct the hearing within 30 days after the end of the comment
period, and will make a recommendation to the commission within
15 days after the hearing.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of $0
in FY 2001, $178,223 to Unknown in FY 2001, and $176,295 to
Unknown in FY 2003.

PROPONENTS:  Supporters say that the current public notification
requirements and comment periods for quarry permit applications
are inadequate.  This bill provides for reasonable public
participation in the application process.

Testifying for the bill were Representative Smith; Charles
Meyer; Department of Natural Resources; Missouri Limestone
Producers Association; Mining Industry Council of Missouri;
Missouri Concrete Association; and Associated General
Contractors.

OPPONENTS:  There was no opposition voiced to the committee.

Terry Finger, Senior Legislative Analyst


INTRODUCED

HB 1619 -- Surface Mining

Sponsor:  Smith

This bill makes several changes to the application process for
surface mining permits.

Under current law, the applicant is required to publish a notice
in a newspaper of general circulation in the local area,
interested parties may submit written comments to the Department
of Natural Resources or request a public hearing for 15 days
after the application is filed, and the department must forward
a recommendation on the permit to the Land Reclamation
Commission by the end of the public comment period.  This bill
requires the applicant to publish a notice once a week for 4
weeks, beginning no more than 10 days after the application is
filed.  The applicant is also required to notify by mail the
local governing body and property owners within 1,000 feet of
the proposed surface mine.  Notices must include a statement
that interested parties may submit written comments to the
department or request a public hearing up to 15 days after the
end of the 4-week public notice period.  The department must
forward its recommendation on the permit to the commission
within 4 weeks after the end of the public notice period.  If a
public hearing was requested, the department will conduct the
hearing within 30 days after the end of the comment period, and
will make a recommendation to the commission within 15 days
after the hearing.

The bill also allows the commission to deny a permit if there is
substantial evidence that an interested party's health, safety,
livelihood, or property use, value, or enjoyment is unduly
impaired by the proposed mine.  Under current law, the
commission may deny permits only if the applicant has not
complied fully with statutes and rules.


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