AB 46

Regulation of metallic mining

Processing application for mining permit

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

obtain a mining permit from the Department of Natural Resources (DNR), as well

as any other permit, license, certification, or other authorization that is required

under other environmental and natural resources laws (approval).

Current law requires DNR to prepare an environmental impact statement

(EIS) for every proposed metallic mine. After the EIS is finalized, DNR must hold

a public hearing (called the master hearing), that includes a public informational

hearing and a contested case hearing with sworn testimony and the opportunity for

cross-examination, before acting on the application for the mining permit and other

approvals. Current law does not specify a time, after the application for a mining

permit is filed, within which DNR must act on a mining permit application. It does

require the master hearing to be held between 120 days and 180 days after DNR

issues the EIS and requires DNR to act on the permit application within 90 days after

the completion of the record for the master hearing.

Under this bill, DNR must hold a public informational hearing after the EIS for

a proposed metallic mine is finalized. After the public informational hearing, the bill

requires DNR to hold a contested case hearing covering the application for the

mining permit and other approvals if any person notifies DNR that the person wishes

to be a party within 30 days after DNR provides notice about the contested case

hearing. The bill requires DNR to give the notice no more than 520 days after the

application for the mining permit is complete, unless the deadline is extended as

provided in the bill. The bill authorizes DNR to extend the deadline for a total of not

more than 180 days if the applicant changes its proposal for the mine or if additional

time is needed to ensure collaboration with a federal agency with responsibilities

related to the proposed mine or to evaluate new information related to the mine. The

bill authorizes the applicant to extend the deadline as often and for as long as it

decides is necessary. The bill also authorizes DNR and the applicant to negotiate an

agreement for a timeline for processing the mining permit application that includes

a different deadline for DNR to provide notice of the contested case hearing.

The bill requires that the contested case hearing on a proposed metallic mine

be concluded and the record of the hearing be completed no more than 680 days after

the application for the mining permit is complete, except that if the deadline for

providing notice concerning the contested case hearing is extended, the deadline for

concluding the hearing and completing the record of the hearing is extended by the

same number of days. The bill requires DNR to act on the application for the mining

permit and other approvals no more than 730 days after the application for the

mining permit is complete, except that if the deadline for providing notice concerning

the contested case hearing is extended, the deadline for acting on the applications