SENATE BILL REPORT

                  ESSB 5662

               As Passed Senate, March 10, 1995

Title:  An act relating to clarifying the existing authority of the department of ecology and the department of natural resources to require performance security for metals mining and milling operations.

Brief Description:  Clarifying the existing authority of the department of ecology and the department of natural resources to require performance security for metals mining and milling operations.

Sponsors:  Senate Committee on Natural Resources (originally sponsored by Senators Owen, Swecker and Morton).

Brief History:

Committee Activity:  Natural Resources:  2/16/95, 2/23/95 [DPS].

Passed Senate, 3/10/95, 46-0.

SENATE COMMITTEE ON NATURAL RESOURCES

Majority Report:  That Substitute Senate Bill No. 5662 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Drew, Chair; Spanel, Vice Chair; Morton, Oke, Owen, Snyder, Strannigan and Swecker.

Staff:  Vic Moon (786-7469)

Background:  In 1994, the Legislature enacted a statute to regulate metal minings and milling operations in the state of Washington.  In that statute, both the Department of Ecology and the Department of Natural Resources were given authority to require performance bonds to guarantee the performance of an industry with respect to state law.

Summary of Bill:  The dual responsibility of the Department of Ecology and the Department of Natural Resources is clarified, and the responsibility for performance security bonds is given exclusively to the Department of Ecology.  The performance security must be acceptable to both agencies.  Metal mining and milling operations are the only mining activity requiring the bond.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This simplifies the process and state agencies want to make the process easier.

Testimony Against:  The 1994 bill was a bad idea and this proposal makes it worse.

Testified:  PRO:  Brant Hinze, Battlemountain Gold; M.W. Munson, Okanogan County Commissioners; Jim Krull, Dept. of Ecology; Art Stearns, Dept. of Natural Resources; CON:  Mark Triplett, Concrete Assn.

House Amendment(s):  Technical changes are made so that the act will only apply to metals mining performance securities.