SB 276

Under current law, borrow sites and material disposal sites used for certain

transportation projects are exempt from certain local zoning ordinances. A borrow

site is, in general, a site from which soil, stone, gravel, or other similar material is

excavated. A material disposal site is, in general, a site that is used for the lawful

disposal of surplus materials from a project. These sites qualify for the exemption

if all of the following apply: 1) the owner of the property consents to the establishment

of a site on his or her property; 2) the Department of Transportation determines that

the site is not a commercial establishment with a fixed place of business from which

the establishment regularly supplies processed or manufactured materials or

products; 3) the project contractor assumes sole responsibility for the operation of the

site; 4) the site is used solely for the project and solely during the period of

construction of the project; 5) the project contractor does not manufacture finished

aggregate products from the materials excavated at the borrow site; and 6) the

transportation project contractor agrees to comply with certain safety and

remediation requirements.

This bill adds aggregate sites and construction batch sites to the exemption

described above. Aggregate sites are sites from which aggregate is excavated or

excavated and processed. Concrete batch sites are temporary facilities at which

ingredients are combined to produce concrete for use in the transportation project.