2609.E [atlas:bill]

AN ACT Relating to regulation of surface mining reclamation and operations; amending RCW 78.44.310; adding a new section to chapter 36.70A RCW; creating a new section; and making an appropriation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature recognizes that the availability of minerals through surface mining is essential to the economic well-being of the state and nation. The citizens of the state are rapidly running out of approved or designated sites to extract these minerals. Therefore, the available sources of these minerals are nearly exhausted.

The state has enacted several laws in recent years directing local governments to make land use decisions for appropriate uses of land through designation in advance of or during the comprehensive planning process and then to limit the specific approval process to mitigating specific impacts of the use or uses allowed by the designation. The current planning and regulatory environment makes economically viable permits unobtainable for the vast majority of the sites where the minerals are located and needed.

The cost of transportation of minerals for any significant distance can have a compounding effect on the costs to the taxpayers of the state. Surface mining must take place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. But surface mining is a finite use of the land and another beneficial use must follow through reclamation.

Therefore, the legislature finds that designation, production, and conservation of adequate sources of minerals under section 2 of this act is in the best interests of the citizens of the state.

NEW SECTION. Sec. 2. A new section is added to chapter 36.70A RCW to read as follows:

(1)(a) Where the county has classified mineral lands pursuant to RCW 36.70A.050 and mineral resource lands of long-term commercial significance exist, a county shall designate sufficient mineral resource lands in the comprehensive plans to meet the projected twenty-year, county-wide need. Once designated, mineral resource uses, including operations as defined in RCW 78.44.031, shall be established as an allowed use in local development regulations.

(b) The county shall designate mineral resource deposits, both active and inactive, in economically viable proximity to locations where the deposits are likely to be used.

(d) Proximity provisions of (b) of this subsection and subsection (5)(a) of this section do not apply to metallic placer, dolomite, limestone, magnesite, or quartzite deposits, and any activity related to the development or operation of such deposits.

(2) Nothing in this section precludes any unit of government from accepting the lowest responsible bid for purchase of mineral materials, regardless of source.

(3) Through its comprehensive plan and development regulations, as defined in RCW 36.70A.030, a county, city, or town shall discourage the siting of new applications of incompatible uses adjacent to mineral resource industries, deposits, and holdings.

(4) Any additions or amendments to comprehensive plans or development regulations required by this section shall be adopted at the next regularly scheduled amendment of the comprehensive plan or development regulations which occurs at least six months after the effective date of this section.

(5) For the purposes of this section:

(a) "Long-term commercial significance" includes the mineral composition of the land for long-term economically viable commercial production, in consideration with the mineral resource land's proximity to population areas, product markets, and the possibility of more intense uses of the land.

(b) "Allowed use" means the use or uses specified by local development regulations as appropriate within those areas designated through the advance or comprehensive planning process. Once designated, a proposed allowed use shall be reviewed for project specific impacts and may be conditioned to mitigate significant adverse impacts within the context of site plan approval, but such review shall not revisit the question of land use.

(6) Nothing in this section shall modify the procedures and requirements of chapter 43.21C RCW and allowed uses shall be reviewed in accordance with chapter 43.21C RCW.

Sec. 3. RCW 78.44.310 and 1993 c 518 s 38 are each amended to read as follows:

The department ((~~may~~)) shall establish a no-cost consulting service within the department to assist miners, permit holders, local government, and the public in technical matters related to mine regulation, mine operations, and reclamation. The department ((~~may~~)) shall prepare concise, printed information for the public explaining surface mining activities, timelines for permits and reviews, laws, and the role of governmental agencies involved in surface mining, including how to contact all regulators. The department shall not be held liable for any negligent advice.

NEW SECTION. Sec. 4. The sum of fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the surface mining reclamation account to the department of natural resources for the purposes of section 3 of this act.