MINING OF RESOURCES & AGGREGATES S.B. 429 (S-3), 430, & 431:
ANALYSIS AS PASSED BY THE SENATE
Senate Bill 429 (Substitute S-3 as passed by the Senate)
Senate Bills 430 and 431 (as passed by the Senate)
Committee: Transportation and Infrastructure
RATIONALE
According to the Michigan Transportation Asset Management Council's 2020 annual report on the condition of roadways in the State, 22% of Michigan's roads were in good condition, 36% were in fair condition, and 42% were in poor condition.[1] As the State develops plans to improve road conditions, there is a focus on ensuring access to aggregates like sand and gravel because they are essential for road construction. However, there are also ecological and environmental concerns associated with the mining of aggregates. Striking a balance between the necessity of, and concerns associated with, aggregate mining has resulted in much debate in recent years, including debate regarding the most appropriate way to regulate sand and aggregate mining. Some people believe that a statewide regulatory approach to the mining of aggregates would be most appropriate. Accordingly, it has been suggested that authority be given to the Department of Environment, Great Lakes, and Energy (EGLE) for the regulation of aggregate mining in the State.
CONTENT
Senate Bill 429 (S-3) would add Part 639 (Sand and Gravel Mining) to the Natural Resources and Environmental Protection Act (NREPA) to do the following:
-- Specify that mining would be considered authorized under Part 639 if it had received a local permit for mining, zoning approval, or other governmental authorization, or was not required to have obtained an authorization because of nonregulation or because the mining was a legal nonconforming use.
-- Specify that Part 639 would preempt an ordinance, regulation, resolution, policy, or practice of a governmental authority created by statute, municipality, or county that prohibited or regulated certain aspects of a mine.
-- Prohibit, except for de minimis extraction or for certain exempt activities, a person from engaging in mining except as authorized by a mining permit, which would have to be obtained from EGLE.
-- Require an application for a mining permit to include the name and address of the applicant, the location and legal description and survey of the proposed mining area, a $5,000 application fee, an environmental impact assessment, a mining and reclamation plan, and financial assurance.
-- Require a mining and reclamation plan to include a general description of materials, methods, and techniques that would be used for mining, among other information.
-- Require all reclamation provisions to be carried to completion with reasonable diligence and be conducted concurrently with mining to the extent practicable.
-- Require a mining permit application to be administratively complete effective 14 days after EGLE received it.
-- Require EGLE to publish public notice of the application in a newspaper of general circulation in the area of the proposed mine within 42 days after receiving an administratively complete application.
-- Specify that a person would have to submit comments on the application in writing to EGLE within 30 days after the notice was published and, require EGLE to conduct a public hearing on the application under certain circumstances.
-- Within 15 days after the extended public comment period expired, require EGLE to grant the application and issue the mining permit or deny the application.
-- Specify that a mining permit issued by EGLE would be valid for the life of the mine and that the mining permit could be transferred or amended with EGLE's approval.
-- Allow a local unit of government to submit a request to EGLE to amend a mining permit application or a mining permit.