Minnesota SF 1818: Financial assurance requirements for nonferrous permit to mine modification

Bill Text

1.1 A bill for an act​
1.2 relating to natural resources; modifying financial assurance requirements for​
1.3 nonferrous permit to mine; amending Minnesota Statutes 2022, sections 93.481,​
1.4 subdivision 1; 93.49.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2022, section 93.481, subdivision 1, is amended to read:​
1.7 Subdivision 1.Prohibition against mining without permit; application for​
1.8 permit.Except as provided in this subdivision, after June 30, 1975, no person shall engage​
1.9 in or carry out a mining operation for metallic minerals within the state unless the person​
1.10 has first obtained a permit to mine from the commissioner. Any person engaging in or​
1.11 carrying out a mining operation as of the effective date of the rules adopted under section​
1.12 93.47 shall apply for a permit to mine within 180 days after the effective date of such rules.​
1.13 Any such existing mining operation may continue during the pendency of the application​
1.14 for the permit to mine. The person applying for a permit shall apply on forms prescribed​
1.15 by the commissioner and shall submit such information as the commissioner may require,​
1.16 including but not limited to the following:​
1.17 (1) a proposed plan for the reclamation or restoration, or both, of any mining area affected​
1.18 by mining operations to be conducted on and after the date on which permits are required​
1.19 for mining under this section;​
1.20 (2) a certificate issued by an insurance company authorized to do business in the United​
1.21 States that the applicant has a public liability insurance policy in force for the mining​
1.22 operation for which the permit is sought, or evidence that the applicant has satisfied other​
1.23 state or federal self-insurance requirements, to provide personal injury and property damage​
1​Section 1.​
23-03452 as introduced​02/13/23 REVISOR CKM/AD​
SENATE​
STATE OF MINNESOTA​
S.F. No. 1818​NINETY-THIRD SESSION​
(SENATE AUTHORS: MORRISON, McEwen, Boldon, Gustafson and Kunesh)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​870​02/16/2023​
Referred to Environment, Climate, and Legacy​
Author added Boldon​1288​03/02/2023​
Author added Gustafson​5205​04/17/2023​
Author added Kunesh​7303​05/11/2023​

2.1 protection in an amount adequate to compensate any persons who might be damaged as a​
2.2 result of the mining operation or any reclamation or restoration operations connected with​
2.3 the mining operation;​
2.4 (3) for a permit to mine nonferrous metallic minerals, a certificate issued by an insurance​
2.5 company authorized to do business in the United States that the applicant has an​
2.6 environmental impairment liability policy in force for the mining operation for which the​
2.7 permit is sought that provides coverage for all loss, liability, and cleanup costs resulting​
2.8 from the release of pollutants during the course of mining operations or any reclamation or​
2.9 restoration operations connected with the mining operation, in an amount to be determined​
2.10 by the commissioner;​
2.11 (3) (4) an application fee of:​
2.12 (i) $25,000 for a permit to mine for a taconite mining operation;​
2.13 (ii) $50,000 for a permit to mine for a nonferrous metallic minerals operation;​
2.14 (iii) $10,000 for a permit to mine for a scram mining operation; or​
2.15 (iv) $5,000 for a permit to mine for a peat operation;​
2.16 (4) a (5) the deposit or bond which may be required pursuant to under section 93.49;​
2.17 and​
2.18 (5) (6) a copy of the applicant's advertisement of the ownership, location, and boundaries​
2.19 of the proposed mining area and reclamation or restoration operations, which advertisement​
2.20 shall be published in a legal newspaper in the locality of the proposed site at least once a​
2.21 week for four successive weeks before the application is filed, except that if the application​
2.22 is for a permit to conduct lean ore stockpile removal the advertisement need be published​
2.23 only once.​
2.24 Sec. 2. Minnesota Statutes 2022, section 93.49, is amended to read:​
2.25 93.49 FINANCIAL ASSURANCE OF OPERATOR.​
2.26 (a) The commissioner shall require a bond or other security or other financial assurance​
2.27 satisfactory to the commissioner from an operator. The commissioner shall review annually​
2.28 the extent of each operator's financial assurance under this section.​
2.29 (b) Before issuing a permit to mine or amending a permit to mine, the commissioner​
2.30 must require an operator of a nonferrous mining operation to submit financial assurance,​
2.31 in the form of a cash bond or cash deposit, sufficient to cover the costs of:​
2​Sec. 2.​
23-03452 as introduced​02/13/23 REVISOR CKM/AD​

3.1 (1) reclamation activities, including closure and postclosure maintenance; and​
3.2 (2) corrective actions if noncompliance with design and operating criteria in the permit​
3.3 to mine occurs.​
3.4 (c) The commissioner must