SENATE BILL REPORT

                  SHB 1467

              As Reported By Senate Committee On:

           Natural Resources & Parks, March 28, 1997

Title:  An act relating to surface mining.

Brief Description:  Specifying where reclamation performance security must be posted.

Sponsors:  House Committee on Natural Resources (originally sponsored by Representatives Sump, Sheldon, Chandler, Grant, Alexander, Hatfield, Delvin and Pennington).

Brief History:

Committee Activity:  Natural Resources & Parks:  3/27/97, 3/28/97 [DP].

SENATE COMMITTEE ON NATURAL RESOURCES & PARKS

Majority Report:  Do pass.

  Signed by Senators Oke, Chair; Rossi, Vice Chair; Hargrove, Jacobsen, Morton, Prentice, Roach, Snyder, Spanel, Stevens and Swecker.

Staff:  Vic Moon (786-7469)

Background:  Before engaging in surface mining, a miner must obtain a reclamation permit from the Department of Natural Resources.  Before the department can issue the permit, the applicant must provide an acceptable reclamation plan and must deposit performance security to guarantee that appropriate reclamation is completed.  No other state agency or local government may require deposit of a performance security for surface mine reclamation.

Other government entities can obtain a performance bond or security for surface mining activities for purposes other than surface mine reclamation.  For example, the Department of Ecology requires a remediation bond for metals mining operations, and some state agencies may require a private company to post performance security if that private company is extracting materials from state lands.

Summary of Bill:  Only the Department of Natural Resources holds the performance security for surface mine reclamation.  When acting in its capacity as a regulator, no state agency or local government may require a surface mining operation to post performance security unless that state agency or local government has express statutory authority to do so.  A state agency=s or local government=s general authority to protect public health, safety, and welfare does not constitute express statutory authority to require a performance security.  When a state agency or local government is acting in its capacity as a landowner, nothing in this bill prohibits requiring a performance security when contracting for extraction-related activities on state or local government property.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  The present statutes are not clear as to who may require a security bond for surface mine operation.

Testimony Against:  None.

Testified:  Mark Triplett, WA Aggregates and Concrete Association.