Maine LD 750: An Act To Allow Regulated Metal Mining in Maine

LD 750 (subjects: LAND USE , PERMITS )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=750&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support | In The News


Sponsors

Principal Sponsor: Rep. Ralph Chapman of Brooksville: (D – District 133) — e-mail | Facebook

2 Cosponsors:

Actions

Chamber

Action
3/5/2015 House Committee on Environment and Natural Resources suggested and ordered printed.
The Bill was REFERRED to the Committee on ENVIRONMENT AND NATURAL RESOURCES.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/10/2015 Senate On motion by Senator Saviello of Franklin, REFERRED to the Committee on Environment and Natural Resources, in concurrence.
6/4/2015 House Reports READ.
Motion of Representative WELSH of Rockport to ACCEPT the Majority Ought to Pass as Amended Report FAILED.
ROLL CALL NO. 156
(Yeas 36 – Nays 109 – Absent 6 – Excused 0)
Subsequently, the Minority Ought Not to Pass Report was ACCEPTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/5/2015 Senate Reports READ
On motion by Senator SAVIELLO of Franklin Tabled until Later in Today’s Session, pending ACCEPTANCE OF EITHER REPORT
Unfinished Business
6/8/2015 Senate Unfinished Business
6/9/2015 Senate Unfinished Business
6/10/2015 Senate Unfinished Business
6/11/2015 Senate Unfinished Business
6/12/2015 Senate Unfinished Business
6/15/2015 Senate Unfinished Business
6/17/2015 Senate Unfinished Business
6/17/2015 Senate Taken from the table by the President ProTem
On motion by Senator SAVIELLO of Franklin The Minority Ought Not To Pass Report ACCEPTED , in concurrence.
Roll Call Ordered Roll Call # 287 26 Yeas – 8 Nays- 1 Excused – 0 Absent PREVAILED
Placed in Legislative Files (DEAD).

Bill Text

.

An Act To Allow Regulated Metal Mining in Maine

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA 490-UU is enacted to read:

490-UU. Moratorium

Notwithstanding any provision of law to the contrary, a person may not engage in metallic mineral exploration or mining in the State until the department finally adopts major substantive rules related to the Maine Metallic Mineral Mining Act that are provisionally adopted and submitted for legislative review in accordance with Title 5, chapter 375, subchapter 2-A and that are authorized for final adoption by the Legislature.

Sec. 2. Major substantive rulemaking; Department of Environmental Protection. The Department of Environmental Protection shall, by January 1, 2017, provisionally adopt and submit to the Legislature for review rules related to the Maine Metallic Mineral Mining Act.

1. Standards. The rules adopted pursuant to this section must include standards determined by the department to be necessary to protect the public health and safety and the environment. Standards adopted by the department may include, but are not limited to, standards regulating effects on groundwater quality, control of noise, preservation of historic sites, preservation of unusual natural areas, effects on scenic character and protection of wildlife and fisheries. The department shall ensure that the rules adopted pursuant to this section:

A. Comply with all applicable federal environmental laws and standards, including but not limited to the federal Clean Air Act and the federal Clean Water Act;
B. Require that all mining areas be left in or returned to a geologically stable condition following remediation and closure;
C. Require the permittee to provide a specific plan for ensuring that all mining areas will be left in or returned to a geologically stable condition following remediation and closure;
D. Require the permittee to demonstrate that the environmental quality and security of the site will be protected through the use of proven technologies and best available practices and require use of these technologies and practices as a permit condition;
E. Require that all remediation costs related to a mining area are paid by the permittee and not by the State;
F. Require that the financial assurance method approved for and financial assurance amount required for a permittee be determined by an independent 3rd-party expert with a background in mining;
G. Prohibit in situ leaching, heap leaching and block caving;
H. Prohibit the granting of a permit to an applicant when the applicant or an affiliate, subsidiary or parent corporation of the applicant has ever been listed in the World Bank Listing of Ineligible Firms & Individuals, has ever abandoned any mining site resulting in nonremediable or unremediated environmental or economic damages or has ever engaged in any ocean dumping of mining tailings regardless of the legality of such dumping; and
I. Implement a framework for permitting a mining activity that includes several well-defined decision points, both prior to the commencement of and during the conduct of mining activities, to allow for and require additional review of the permit and mining plan by the department, with the department retaining the authority to require the amendment of permit conditions or the immediate cessation of previously permitted mining activities.

For the purposes of this section, “geologically stable” means impervious to physical, chemical or biological weathering processes that form a toxic metal transport mechanism that can create off-site contamination within a period of 1,000 years.

2. Maine Land Use Planning Commission certification. The rules adopted pursuant to this section relating to the permitting process for a mining permit must provide for Maine Land Use Planning Commission certification pursuant to the Maine Revised Statutes, Title 38, section 490-NN, subsection 2 in the initial stages of the permitting process.

Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. Notwithstanding Title 5, section 8072, subsection 11, the department may not finally adopt a provisionally adopted rule or part of a provisionally adopted rule submitted pursuant to this section unless legislation authorizing adoption of the rule or part of the rule is enacted into law by the First Regular Session of the 128th Legislature.

Sec. 3. Major substantive rulemaking; Maine Land Use Planning Commission certification of mining permit applications. The Maine Land Use Planning Commission shall, by January 1, 2017, provisionally adopt and submit to the Legislature for review rules related to commission certification of metallic mineral mining permit applications as described in the Maine Metallic Mineral Mining Act. Rules adopted pursuant to this section are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. Notwithstanding Title 5, section 8072, subsection 11, the commission may not finally adopt a provisionally adopted rule or part of a provisionally adopted rule submitted pursuant to this section unless legislation authorizing adoption of the rule or part of the rule is enacted into law by the First Regular Session of the 128th Legislature.

summary

This bill provides for a moratorium on metallic mineral exploration or mining in the State. It directs the Department of Environmental Protection, by January 1, 2017, to provisionally adopt and submit for legislative review major substantive rules related to the Maine Metallic Mineral Mining Act. These rules must:

1. Include standards necessary to protect the public health and safety and the environment;

2. Comply with all applicable federal environmental laws and standards;

3. Require that all mining areas be left in or returned to a geologically stable condition following remediation and closure;

4. Require the permittee to provide a specific plan for ensuring that all mining areas will be left in or returned to a geologically stable condition following remediation and closure;

5. Require the permittee to demonstrate that the environmental quality and security of the site will be protected through the use of proven technologies and best available practices and require use of these technologies and practices as a permit condition;

6. Require that all remediation costs related to a mining area are paid by the permittee and not by the State;

7. Require that the financial assurance method approved for and the financial assurance amount required for a permittee be determined by an independent 3rd-party expert with a background in mining;

8. Prohibit in situ leaching, heap leaching and block caving;

9. Prohibit the granting of a permit to certain applicants; and

10. Implement a framework for permitting a mining activity that includes several well-defined decision points for the department to conduct additional review of the permitted activities.

The bill provides that the department may not finally adopt the rules unless the Legislature authorizes final adoption. The moratorium remains in effect until the Legislature authorizes final adoption of the department’s rules and the department finally adopts those rules. The bill also provides for accompanying major substantive rulemaking by the Maine Land Use Planning Commission regarding certification of mining permit applications.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 750:


This information about LD 750 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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