HB 81, HCA 1 -- SURFACE MINING

SPONSOR:  Smith

COMMITTEE ACTION:  Voted "do pass" by the Committee on State
Parks, Natural Resources and Mining by a vote of 13 to 0.

This bill makes several changes to the application process for
surface mining permits.

Under current law, the applicant is required to publish a notice
in a newspaper of general circulation in the local area,
interested parties may submit written comments to the Department
of Natural Resources (DNR) or request a public hearing for 15
days after the application is filed, and DNR must forward a
recommendation on the permit to the Land Reclamation Commission
by the end of the public comment period.  This bill requires the
applicant to publish a notice once a week for 4 weeks, beginning
no more than 10 days after the application is filed.  The
applicant is also required to notify by mail the local governing
body and property owners within 1,000 feet of the proposed
surface mine.  Notices must include a statement that interested
parties may submit written comments to DNR or request a public
hearing up to 15 days after the end of the 4-week public notice
period. DNR must forward its recommendation on the permit to the
commission within 4 weeks after the end of the public notice
period.  If a public hearing was requested, DNR will conduct the
hearing within 30 days after the end of the comment period, and
will make a recommendation to the commission within 15 days
after the hearing.

The bill also allows the commission to deny a permit if there is
substantial evidence that an interested party's health, safety,
livelihood, or property use, value, or enjoyment is unduly
impaired by the proposed mine.  Under current law, the
commission may deny permits only if the applicant has not
complied fully with statutes and rules.

HCA 1 -- Requires the Land Reclamation Commission to approve or
deny permits within 75 days after receipt of DNR's
recommendation or, if a hearing was requested, within 75 days
after receipt of the hearing officer's findings.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of $0
in FY 2000, $175,243 to Unknown in FY 2001, $173,236 to Unknown
in FY 2002.

PROPONENTS:  Supporters say that the current public notification
requirements and comment periods for quarry permit applications
are inadequate.  Further, the current criteria for permit
denials are very limited.  This bill represents a balance
between the rights of quarry operators and adjacent landowners.

Testifying for the bill were Representative Smith; Charles
Meyer; Laura Meyer; Maridel Koenig; Missouri Coalition for the
Environment; and Wayne Ware.

OPPONENTS:  Those who oppose the bill say that the requirements
in the bill for hearing requests and permit denials are too
vague and broad.

Testifying against the bill were Missouri Limestone Producers
Association; Missouri Mining Industry Council; Missouri Concrete
Association; and Associated Industries of Missouri.

Terry Finger, Senior Legislative Analyst

HB 81 -- Surface Mining

Sponsor:  Smith

This bill makes several changes to the application process for
surface mining permits.

Under current law, the applicant is required to publish a notice
in a newspaper of general circulation in the local area,
interested parties may submit written comments to the Department
of Natural Resources (DNR) or request a public hearing for 15
days after the application is filed, and DNR must forward a
recommendation on the permit to the Land Reclamation Commission
by the end of the public comment period.  This bill requires the
applicant to publish a notice once a week for 4 weeks, beginning
no more than 10 days after the application is filed.  The
applicant is also required to notify by mail the local governing
body and property owners within 1,000 feet of the proposed
surface mine.  Notices must include a statement that interested
parties may submit written comments to DNR or request a public
hearing up to 15 days after the end of the 4-week public notice
period. DNR must forward its recommendation on the permit to the
commission within 4 weeks after the end of the public notice
period.  If a public hearing was requested, DNR will conduct the
hearing within 30 days after the end of the comment period, and
will make a recommendation to the commission within 15 days
after the hearing.

The bill also allows the commission to deny a permit if there is
substantial evidence that an interested party's health, safety,
livelihood, or property use, value, or enjoyment is unduly
impaired by the proposed mine.  Under current law, the
commission may deny permits only if the applicant has not
complied fully with statutes and rules.