SB 488

Overview

This bill makes changes in the laws relating to the regulation of iron mining and

procedures for utility facility approvals.

Procedures for utility facility approvals

Under current law, with certain exceptions, a person may not begin the

construction of certain utility facilities before the Public Service Commission (PSC)

has issued to the person either a certificate of public convenience and necessity

(CPCN) or a certificate authorizing the person to transact public utility business

(PSC certificate). Current law also provides that a utility facility that is required to

obtain a PSC certificate and that is required to obtain one or more permits from the

Department of Natural Resources (DNR), such as a permit allowing the placement

of a structure in navigable waters, must use a procedure that requires the utility

facility to submit only one application to DNR for all of the required DNR permits

(combined permit procedure) rather than submitting separate applications to DNR

for each permit. Current law also specifies that the applicant under the combined

permit procedure must submit the combined application for permits to DNR at the

same time that the applicant files an application for a PSC certificate.

This bill makes the combined permit procedure optional and allows a utility

facility to submit separate applications to DNR for each required permit. Under the

bill, if the utility facility does not use the combined permit procedure, it is not

required to file a DNR permit application at the same time that it files an application

for a PSC certificate.

Current law requires a person proposing to construct a large electric generating

facility or high-voltage transmission line (facility) to provide DNR with an

engineering plan or project plan for the facility at least 60 days before filing an

application with PSC for a CPCN. Within 30 days thereafter, DNR must provide the

person with a listing of each DNR approval that appears to be required for the

construction or operation of the facility. Current law requires the person to file the

application for these approvals within 20 days after receiving the listing from DNR.

This bill eliminates this 20-day deadline and also specifies that the person must only

apply for those approvals identified in the listing that are applicable.

Iron mining, generally

Under current law, DNR regulates mining for metallic minerals. The laws

under which DNR regulates metallic mining apply to mining for ferrous minerals

(iron) and mining for nonferrous minerals, such as copper or zinc.

This bill creates new statutes for regulating iron mining and modifies the

current laws regulating metallic mining so that they cover only mining for

nonferrous minerals.

Under current law, a person who proposes to mine for metallic minerals must

obtain a mining permit and any other permit, license, certification, or other