H. B. 2188
(By Delegates Mezzatesta and Williams)
[Introduced January 14, 2003; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section twelve, article three, chapter
twenty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to removing the five
thousand dollar per acre bonding limit relating to
applications for mining permits.
Be it enacted by the Legislature of West Virginia:
That section twelve, article three, chapter twenty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.
§22-3-12. Site-specific bonding; legislative rule; contents of
legislative rule; legislative intent.
(a) Notwithstanding the provisions of section eleven of this
article, the secretary may establish and implement a site-specific
bonding system in accordance with the provisions of this section.
(b) A legislative rule proposed or promulgated pursuant to
this section must provide, at a minimum, for the following:
(1) The penal amount of a bond shall be not less than one
thousand dollars. nor more than five thousand dollars per acre or
fraction thereof
(2) Every bond, subject to the limitations of subdivision (1)
of this subsection, shall reflect the relative potential cost of
reclamation associated with the activities proposed to be
permitted, which would not otherwise be reflected by bonds
calculated by merely applying a specific dollar amount per acre for
the permit.
(3) Every bond, subject to the provisions of subdivision (1)
of this subsection, shall also reflect an analysis under the
legislative rule of various factors, as applicable, which affect
the cost of reclamation, including, but not limited to: (A) The
general category of mining, whether surface or underground; (B)
mining techniques and methods proposed to be utilized; (C) support
facilities, fixtures, improvements and equipment; (D) topography
and geology; and (E) the potential for degrading or improving water
quality.
(c) A legislative rule proposed or promulgated pursuant to the
provisions of this section may, in addition to the requirements of
subsection (b) of this section, provide for a consideration of
other factors determined to be relevant by the secretary. For example, the rule may provide for the following:
(1) A consideration as to whether the bond relates to a new
permit application, a renewal of an existing permit, an application
for an incidental boundary revision or the reactivation of an
inactive permit;
(2) A consideration of factors which may result in
environmental enhancement, as in a case where remining may improve
water quality or reduce or eliminate existing highwalls, or a
permitted operation may create or improve wetlands; or
(3) An analysis of various factors related to the specific
permit applicant, including, but not limited to: (A) The prior
mining experience of the applicant with the activities sought to be
permitted; and (B) the history of the applicant as it relates to
prior compliance with statutory and regulatory requirements
designed to protect, maintain or enhance the environment in this or
any other state.
(d) It is the intent of the Legislature that a legislative
rule proposed or promulgated pursuant to the provisions of this
section shall be constructed so that when the findings of fact by
the division of environmental protection with respect to the
proposed mining activity and the particular permit applicant
coincide with the particular factors or criteria to be considered
and analyzed under the rule, the rule will direct a conclusion as
to the amount of the bond to be required, subject to rebuttal and refutation of the findings by the applicant. To the extent
practicable, the rule shall limit subjectivity and discretion by
the secretary and the division in fixing the amount of the bond.
NOTE: The purpose of this bill is to
remove the five thousand
dollar per acre bonding limit relating to applications for mining
permits.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.