The proposed bill, titled the Residential Blasting Safety and Transparency Act, aims to enhance safety and transparency regarding residential impacts from mining activities involving explosives. It establishes that the Division of State Fire Marshal will have exclusive authority to set standards and regulations for explosives used in construction materials mining. The bill mandates maximum blasting limits for areas near residential structures and requires operators to monitor and record blast sites using certified instruments. Additionally, it stipulates that raw and summary data from blast sites must be publicly accessible within 48 hours and retained for five years. Operators are also required to provide advance notice of blasting activities to residents within a specified distance and to fund independent pre- and post-blast surveys upon request.

Furthermore, the bill revises the administrative procedures for filing claims related to damage from explosives, removing the filing fee and establishing exclusive jurisdiction for the Division of Administrative Hearings over such claims. It introduces a rebuttable presumption against operators if monitoring data indicates that a blast exceeded established limits, allowing operators to counter this presumption with clear evidence. The bill also includes provisions for civil and criminal penalties for violations, and it requires the State Fire Marshal to adopt rules to implement these changes by January 1, 2027. The act is set to take effect on July 1, 2026.

Statutes affected:
S 56 Filed: 552.30