SB 5319
SignedSenate
Surface mine reclamation
Establishing surface mine reclamation permit fees.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill increases fees for surface mine reclamation permits and revisions, including a new $4,500 application fee for all permit types and an annual fee of $3,500 (up from $2,000). It also clarifies fee structures for public works mines and strengthens enforcement tools for collecting unpaid fees.
- Raises the application fee for new, expanded, revised, or combined reclamation permits to $4,500 (was $4,500 for some, but now standardized for all types).
- Raises the annual permit fee for most operators to $3,500 (was $2,000).
- Sets the annual fee for public works mines at $2,500 (was lower or waived for small counties).
- Requires the Department of Natural Resources to notify applicants within 60 days if their application is missing needed information.
- Allows the department to refer delinquent fees or fines to a collection agency, which may add its own collection fees.
- Requires all collected fees to go into the surface mining reclamation account, used for land restoration after mining.
Who is affected
- Surface mine operators (private and public) — Must pay higher application fees ($4,500) for new, expanded, or revised reclamation permits, and annual fees ($3,500) to maintain permits.
- Counties operating public works mines — May pay a reduced annual fee of $2,500 if the mine is used exclusively for public works projects and meets specific legal definitions.
- State Department of Natural Resources — Will receive increased application and annual fees, and may receive funding allocations for enforcement if they take on mining oversight responsibilities.
- Mine operators with delinquent payments — May be contacted by collection agencies if fees or fines go unpaid, and could face permit suspension or fines.
Pro/Con Analysis
Potential Benefits (5)
Higher fees fund the Surface Mining Reclamation Account, supporting state-led land restoration and reducing long-term environmental degradation from abandoned or under-reclaimed sites — benefiting public health and ecosystem services.
EnvironmentPeopleRef: Sec. 1(3)(a), (4)Standardized application review timeline improves regulatory predictability and reduces permit delays, which can prevent unsafe or informal mining practices during waiting periods.
Public SafetyPeopleRef: Sec. 1(8)Enhanced enforcement tools (e.g., collection agency referrals) help ensure operators fulfill financial obligations for reclamation, reducing risk of taxpayer-funded cleanup of abandoned sites.
Public SafetyLean peopleRef: Sec. 1(9)Increased fee revenue supports DNR’s capacity to monitor and enforce reclamation standards across the state, strengthening oversight of mining impacts on local water, air, and soil quality.
Local GovernmentPeopleRef: Sec. 1(3)(a), (4)Public works mine fee clarification ($2,500) provides regulatory certainty for counties, potentially improving planning for infrastructure projects and reducing legal ambiguity around fee waivers.
Business & EmploymentPeopleRef: Sec. 1(3)(b)
Potential Concerns (5)
Increases operating costs for surface mine operators through standardized $4,500 application fees and $3,500 annual fees (up from $2,000), which may reduce profitability or delay new/expanded operations — especially for small-scale or marginally viable operations.
Business & EmploymentRef: Sec. 1(1)(d), (2), (3)(a)Public works mines (e.g., county road aggregate operations) now pay $2,500 annual fee (up from $1,000 or waived), potentially straining county budgets for essential infrastructure projects like road building and maintenance.
Local GovernmentRef: Sec. 1(3)(b)Mandates 60-day response timeline for DNR on incomplete applications, which may increase administrative burden on small operators who lack legal or technical staff to navigate bureaucratic delays.
Local GovernmentRef: Sec. 1(8)Authorizes referral of delinquent fees/fines to collection agencies, potentially adding financial stress and legal exposure for small operators who experience cash-flow disruptions.
Business & EmploymentRef: Sec. 1(9)Fee increases may reduce incentive to invest in reclamation compliance, especially for marginal operations, potentially increasing long-term environmental liability if operators exit without full remediation.
Business & EmploymentRef: Sec. 1(3)(a)
Who Is Most Affected
Private surface mine operators — especially small-scale or marginal operations — face higher upfront and recurring costs, which may reduce profitability or delay operations.
Counties operating public works mines (e.g., road aggregate operations) now pay higher fees than before, potentially diverting funds from infrastructure priorities.
State Department of Natural Resources gains increased revenue and enforcement tools, improving its capacity to fund and enforce reclamation obligations.
General public benefits from improved environmental outcomes (cleaner land/water) and reduced risk of taxpayer-funded cleanup of abandoned mine sites.
Taxpayers benefit indirectly from reduced long-term liability for environmental cleanup, though they may bear some cost if fee revenue is insufficient to cover reclamation needs.