SB 080: EXEMPT HUMATE MINES FROM MINING ACT

An Act Relating To Mining; Amending A Section Of The New Mexico Mining Act To Exempt Certain Humate Mines From Permitting Requirements Of That Act; Declaring An Emergency.

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HIGH SB 080
EXEMPT HUMATE MINES FROM MINING ACT

Legislative URL:

SB 080 on nmlegis.gov

Emergency Clause:

Yes

Germane:

Yes

Location:

Signed

Action:

SPREF [2] SCC/SCORC/SCONC-SCC [4]germane-SCORC [7] DP-SCONC [10] DNP-CS/DP - SCORC [11] w/drn - PASSED/S (26-0) [13] HENRC/HJC-HENRC- DP-HJC- w/drn - PASSED/H (65-0) SGND BY GOV (Mar. 7) Ch. 32. (CS/S 80 & 95)

Issue(s):

Land Use & Growth, Water Quality & Supply

Related Legislators

Bill Sponsor:

George Munoz

Related Documents

Downloads:

Introduced
SCC Committee Report
SCORC Committee Report
SCONC Committee Report
SCONC Committee Substitute
Final Senate Vote
HENRC Committee Report
Final House Vote
Fiscal Impact Report
Final Version

Summary

This measure amends the New Mexico Mining Act by requiring the Mining Commission to adopt rules for humate extraction (mining) operations that will exempt humate from the permit, inspection, closeout plan, reclamation, financial assurance and fee requirements of the Mining Act. The exemption will apply to operations that are located on federal public lands and state trust lands. It would also apply to private land if the surface owner certifies that the mining operation will be “reclaimed and restored to achieve a post-mining land use acceptable to the surface owner.” The bill anticipates a quick turnaround, requiring that the rules be proposed August 1, 2014 and that a hearing be held December 31, 2014.

The bill also amends the Act by removing this language:“The permittee shall not file an application for release of financial assurance more than once per year for each mining operation.” That same change is the subject of SB 95 and is discussed in the summary for that bill. The change is likely made in this bill as well as in SB 95 for purposes of consistency.

One concern regarding the bill might be that land disturbed by humate mining would not be reclaimed. The bill does not anticipate requiring reclamation for federal and state trust lands and gives the surface owner of private land the right set the standard, if any, for reclamation of that private land. Another concern might be that air quality and water quality could be negatively impact from fugitive emissions and suspended solids.

This bill is for the Interim Water and Natural Resources Committee.

Date of Summary:  1/20/2014

Outcome:

SB 080 passed the Senate (26-0) and passed the House (65-0) and was signed by the Governor on March 7, 2014.

Updated 7/31/14