HF 3685

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; providing for 
  1.3             management of aggregate resources; appropriating 
  1.4             money; amending Minnesota Statutes 1998, sections 
  1.5             84.94, subdivisions 1, 2, 4, and by adding 
  1.6             subdivisions; and 298.75, subdivisions 1, 2, and 7; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 84. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [TASK FORCE FINDINGS.] 
  1.11     The aggregate resources task force, established under Laws 
  1.12  1998, chapter 401, section 50, finds that the depletion of 
  1.13  locally available construction aggregate resources will have a 
  1.14  serious impact on the growth and economic vitality of the 
  1.15  state.  Aggregate resources are fundamental for the public 
  1.16  good.  If aggregate resources are not properly identified and 
  1.17  managed, both the environment and the public will suffer 
  1.18  detrimental consequences. 
  1.19     Sec. 2.  Minnesota Statutes 1998, section 84.94, 
  1.20  subdivision 1, is amended to read: 
  1.21     Subdivision 1.  [PURPOSE.] It is the purpose of this 
  1.22  section sections 84.94 to 84.9406 to protect aggregate 
  1.23  resources; to promote orderly and environmentally sound 
  1.24  development; to spread the burden of development; and to 
  1.25  introduce aggregate resource protection into local comprehensive 
  1.26  planning and land use controls.  
  1.27     Sec. 3.  Minnesota Statutes 1998, section 84.94, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  [DEFINITION.] For the purpose of this 
  2.3   section, sections 84.94 to 84.9406: 
  2.4      (1) "municipality" means a home rule charter or statutory 
  2.5   city, or a town; 
  2.6      (2) "commissioner" means the commissioner of natural 
  2.7   resources; and 
  2.8      (3) "local permitting authority" means a county, home rule 
  2.9   charter or statutory city, or town.  
  2.10     Sec. 4.  Minnesota Statutes 1998, section 84.94, 
  2.11  subdivision 4, is amended to read: 
  2.12     Subd. 4.  [LOCAL ACTION.] Each planning authority of a 
  2.13  county or municipality receiving information pursuant to 
  2.14  subdivision 3 shall consider the protection of identified and 
  2.15  important aggregate resources in their comprehensive plans and 
  2.16  land use decisions., as provided under section 394.23 or 
  2.17  473.859.  At a minimum, counties and municipalities shall 
  2.18  consider: 
  2.19     (1) the regional need for aggregate resources; 
  2.20     (2) the inventory of existing and potential aggregate 
  2.21  mining areas; 
  2.22     (3) environmental concerns relating to aggregate mining; 
  2.23     (4) potential conflicting land uses; 
  2.24     (5) the permitting process and standards; and 
  2.25     (6) aggregate mining reclamation. 
  2.26     Sec. 5.  Minnesota Statutes 1998, section 84.94, is amended 
  2.27  by adding a subdivision to read: 
  2.28     Subd. 5.  [TRANSPORTATION POLICY.] It is the policy of the 
  2.29  state to promote and protect the use of all modes of bulk 
  2.30  transportation of aggregate, including, but not limited to, 
  2.31  railroad, barge, and pipeline transportation, to ensure an 
  2.32  economical supply of aggregate, preserve the state highway 
  2.33  infrastructure, and protect citizens from unnecessary commercial 
  2.34  truck traffic.  
  2.35     Sec. 6.  Minnesota Statutes 1998, section 84.94, is amended 
  2.36  by adding a subdivision to read: 
  3.1      Subd. 6.  [REGISTRATION OF COMMERCIAL DEPOSITS.] (a) A 
  3.2   landowner may register a commercially viable aggregate deposit 
  3.3   if the requirements under paragraphs (b) to (d) are met.  The 
  3.4   landowner may register the aggregate deposit by filing a 
  3.5   verified statement that the land contains a commercial aggregate 
  3.6   deposit for record in the county recorder's office or, if 
  3.7   registered land, in the office of the registrar of titles in the 
  3.8   county where the land is located.  The county recorder or 
  3.9   registrar of title must send a copy of each registration under 
  3.10  this section to the commissioner of natural resources.  
  3.11  Registration is valid for ten years and may be automatically 
  3.12  renewed for an additional ten years.  During the registration 
  3.13  period, a local zoning authority shall not change the zoning to 
  3.14  prohibit mining of registered aggregate deposits.  For 
  3.15  landowners who register an aggregate deposit, the property tax 
  3.16  shall be that of the lowest agricultural rate in the county. 
  3.17     (b) A professional geologist, engineer, or soil scientist, 
  3.18  licensed or certified according to chapter 326, must delineate 
  3.19  the area of the aggregate deposit and certify that it is a 
  3.20  commercial deposit. 
  3.21     (c) If the land on which the aggregate deposit is located 
  3.22  is zoned, the existing zoning must allow mining as a permitted 
  3.23  use or as a conditional use. 
  3.24     (d) The landowner must submit a notice of intent to 
  3.25  register to the local zoning authority at least 120 days before 
  3.26  registration. 
  3.27     Sec. 7.  Minnesota Statutes 1998, section 84.94, is amended 
  3.28  by adding a subdivision to read: 
  3.29     Subd. 7.  [BEST MANAGEMENT PRACTICES AND RECLAMATION 
  3.30  STANDARDS.] The commissioner shall develop best management 
  3.31  practices and minimum reclamation standards for aggregate mining.
  3.32  The commissioner shall solicit comments and recommendations from 
  3.33  other state agencies, local governments, environmental groups, 
  3.34  the aggregate industry, and other interested parties in 
  3.35  developing the best management practices and minimum reclamation 
  3.36  standards.  Compliance with the best management practices and 
  4.1   minimum reclamation standards developed under this subdivision 
  4.2   is voluntary.  Local governments may adopt more stringent 
  4.3   management practices or reclamation standards than those 
  4.4   developed under this subdivision. 
  4.5      Sec. 8.  Minnesota Statutes 1998, section 84.94, is amended 
  4.6   by adding a subdivision to read: 
  4.7      Subd. 8.  [TECHNICAL ASSISTANCE.] The commissioner shall 
  4.8   prepare a technical assistance guide for distribution to local 
  4.9   permitting authorities and aggregate mining operations that 
  4.10  includes: 
  4.11     (1) the best management practices and minimum reclamation 
  4.12  standards developed under subdivision 7; 
  4.13     (2) the mine plan form developed under section 84.9402, 
  4.14  subdivision 2; and 
  4.15     (3) a list of state and federal standards related to dust, 
  4.16  noise, and air and water quality that are applicable to 
  4.17  aggregate mining. 
  4.18     Sec. 9.  [84.9402] [AGGREGATE MINE PLANS.] 
  4.19     Subdivision 1.  [FILING.] An aggregate mining operation 
  4.20  that exceeds ten acres in size and any proposed aggregate mining 
  4.21  operation that is projected to exceed ten acres in size over the 
  4.22  life of the mine shall file a mine plan with the local 
  4.23  permitting authority.  A mine plan for a proposed aggregate 
  4.24  mining operation must be filed at the time of permit 
  4.25  application.  A mine plan for an existing mine must be filed 
  4.26  within one year after the effective date of this act.  Mine 
  4.27  plans filed under this subdivision are available for review by 
  4.28  the public. 
  4.29     Subd. 2.  [FORM.] An agent of the mining operation shall 
  4.30  file the plan on a standardized mine plan form provided by the 
  4.31  commissioner of natural resources.  In developing the 
  4.32  standardized form, the commissioner shall consult with other 
  4.33  state agencies, local governments, environmental groups, the 
  4.34  aggregate industry, and other interested parties.  The plan must 
  4.35  describe all aspects of mining, including interim and final 
  4.36  reclamation. 
  5.1      Subd. 3.  [TECHNICAL REVIEW.] The commissioner of natural 
  5.2   resources shall conduct a technical review of each mine plan 
  5.3   that is filed for a proposed new aggregate mine that will exceed 
  5.4   ten acres in size.  The commissioner shall prepare a report for 
  5.5   the local permitting authority containing the findings of the 
  5.6   technical review.  The report shall at a minimum address the 
  5.7   applicable state and federal standards relating to dust, noise, 
  5.8   air quality, and water permits and the status of any application 
  5.9   for permits relating to dust, noise, air, or water.  The 
  5.10  commissioner of natural resources must complete the technical 
  5.11  review within 90 days of receipt of the mine plan from the local 
  5.12  permitting authority.  The commissioner may assess the applicant 
  5.13  a fee to cover the cost of the technical review. 
  5.14     Sec. 10.  [84.9404] [AGGREGATE MINING PERMITS.] 
  5.15     Counties, townships, and municipalities should consider 
  5.16  adopting the following three level aggregate mining permit 
  5.17  structure to accommodate the size and range of aggregate 
  5.18  operations and deposits: 
  5.19     (1) this clause would apply to a proposed aggregate mining 
  5.20  operation that will not exceed ten acres of excavated area to a 
  5.21  mean depth of ten feet and that will be active for only one 
  5.22  operating season.  The local permitting authority would grant or 
  5.23  deny an application for a mining permit within 20 calendar days 
  5.24  of receiving a completed application; 
  5.25     (2) this clause would apply to a proposed aggregate mining 
  5.26  operation that will not exceed ten acres of excavated area to a 
  5.27  mean depth of ten feet over the life of the operation and that 
  5.28  will be active for more than one operating season.  The local 
  5.29  permitting authority would grant or deny an application for a 
  5.30  mining permit within 60 calendar days of receiving a completed 
  5.31  application; and 
  5.32     (3) this clause would apply to a proposed aggregate mining 
  5.33  operation that will exceed ten acres of excavated area to a mean 
  5.34  depth of ten feet over the life of the operation.  The local 
  5.35  permitting authority would grant or deny an application for a 
  5.36  mining permit within 120 calendar days of receiving a completed 
  6.1   application and mine plan. 
  6.2      Sec. 11.  [84.9406] [NATIVE PRAIRIE CONSERVATION.] 
  6.3      (a) When a proposed aggregate mining operation may result 
  6.4   in the loss of five or more acres of native prairie, as defined 
  6.5   under section 84.96, all opportunities to preserve the native 
  6.6   prairie shall be addressed in the applicant's mine plan required 
  6.7   under section 84.9402.  
  6.8      (b) If a local permitting authority grants a permit to an 
  6.9   aggregate mining operation that will result in the loss of five 
  6.10  or more acres of native prairie, the commissioner of natural 
  6.11  resources shall assess the permit holder a fee equal to the 
  6.12  amount necessary to acquire native prairie land that is similar 
  6.13  in quantity and quality to the native prairie land destroyed, as 
  6.14  determined by a state appraiser as defined under section 90.01, 
  6.15  subdivision 5.  The fee shall be deposited in the natural 
  6.16  resources fund and used for native prairie acquisition under 
  6.17  section 84.96. 
  6.18     (c) No native prairie may be destroyed while an 
  6.19  environmental review process is pending for a mining operation. 
  6.20     Sec. 12.  Minnesota Statutes 1998, section 298.75, 
  6.21  subdivision 1, is amended to read: 
  6.22     Subdivision 1.  [DEFINITIONS.] Except as may otherwise be 
  6.23  provided, the following words, when used in this section, shall 
  6.24  have the meanings herein ascribed to them.  
  6.25     (1) "Aggregate material" shall mean nonmetallic natural 
  6.26  mineral aggregate including, but not limited to sand, silica 
  6.27  sand, gravel, building stone, crushed rock, limestone, and 
  6.28  granite.  Aggregate material shall not include dimension stone 
  6.29  and dimension granite.  Aggregate material must be measured or 
  6.30  weighed after it has been extracted from the pit, quarry, or 
  6.31  deposit.  
  6.32     (2) "Person" shall mean any individual, firm, partnership, 
  6.33  corporation, organization, trustee, association, or other entity.
  6.34     (3) "Operator" shall mean any person engaged in the 
  6.35  business of removing aggregate material from the surface or 
  6.36  subsurface of the soil, for the purpose of sale, either directly 
  7.1   or indirectly, through the use of the aggregate material in a 
  7.2   marketable product or service.  
  7.3      (4) "Extraction site" shall mean a pit, quarry, or deposit 
  7.4   containing aggregate material and any contiguous property to the 
  7.5   pit, quarry, or deposit which is used by the operator for 
  7.6   stockpiling the aggregate material.  
  7.7      (5) "Importer" shall mean any person who buys aggregate 
  7.8   material produced from a county not listed in paragraph (6) or 
  7.9   another state and causes the aggregate material to be imported 
  7.10  into a county in this state which imposes a tax on aggregate 
  7.11  material.  
  7.12     (6) "County" shall mean the counties of Pope, Stearns, 
  7.13  Benton, Sherburne, Carver, Scott, Dakota, Le Sueur, Kittson, 
  7.14  Marshall, Pennington, Red Lake, Polk, Norman, Mahnomen, Clay, 
  7.15  Becker, Carlton, St. Louis, Rock, Murray, Wilkin, Big Stone, 
  7.16  Sibley, Hennepin, Washington, Chisago, and Ramsey.  County also 
  7.17  means any other county, the board of which has voted after 
  7.18  public hearing to impose the tax required under this section and 
  7.19  has registered with the commissioner to impose the tax.  
  7.20     Sec. 13.  Minnesota Statutes 1998, section 298.75, 
  7.21  subdivision 2, is amended to read: 
  7.22     Subd. 2.  A county shall impose upon every importer and 
  7.23  operator a production tax equal to ten cents per cubic yard or 
  7.24  seven to 15 cents, as determined by the county board, per ton of 
  7.25  aggregate material removed except that the county board may 
  7.26  decide not to impose this tax if it determines that in the 
  7.27  previous year operators removed less than 20,000 tons or 14,000 
  7.28  cubic yards of aggregate material from that county.  The tax 
  7.29  shall be imposed on aggregate material produced in the county 
  7.30  when the aggregate material is transported from the extraction 
  7.31  site or sold.  When aggregate material is stored in a stockpile 
  7.32  within the state of Minnesota and a public highway, road or 
  7.33  street is not used for transporting the aggregate material, the 
  7.34  tax shall be imposed either when the aggregate material is sold, 
  7.35  or when it is transported from the stockpile site, or when it is 
  7.36  used from the stockpile, whichever occurs first.  The tax shall 
  8.1   be imposed on an importer when the aggregate material is 
  8.2   imported into the county that imposes the tax.  
  8.3      If the aggregate material is transported directly from the 
  8.4   extraction site to a waterway, railway, or another mode of 
  8.5   transportation other than a highway, road or street, the tax 
  8.6   imposed by this section shall be apportioned equally between the 
  8.7   county where the aggregate material is extracted and the county 
  8.8   to which the aggregate material is originally transported.  If 
  8.9   that destination is not located in Minnesota, then the county 
  8.10  where the aggregate material was extracted shall receive all of 
  8.11  the proceeds of the tax.  
  8.12     Sec. 14.  Minnesota Statutes 1998, section 298.75, 
  8.13  subdivision 7, is amended to read: 
  8.14     Subd. 7.  (a) All money collected as taxes under this 
  8.15  section shall be deposited in the county treasury and 
  8.16  credited as follows, for expenditure by the county 
  8.17  board: according to this subdivision. 
  8.18     (b) The county auditor may retain an annual administrative 
  8.19  fee of up to five percent of the total taxes collected in any 
  8.20  year. 
  8.21     (c) The balance of the taxes, after any deduction under 
  8.22  paragraph (b), shall be credited as follows:  
  8.23     (a) Sixty (1) 42.5 percent to the county road and bridge 
  8.24  fund for expenditure for the maintenance, construction and 
  8.25  reconstruction of roads, highways and bridges; 
  8.26     (b) Thirty (2) 42.5 percent to the road and bridge fund of 
  8.27  those towns as determined by the county board and to the general 
  8.28  fund or other designated fund of those cities as determined by 
  8.29  the county board of the city or town in which the mine is 
  8.30  located, or to the county if unorganized, to be expended for 
  8.31  maintenance, construction and reconstruction of roads, highways 
  8.32  and bridges; and 
  8.33     (c) Ten (3) 15 percent to a special reserve fund which is 
  8.34  hereby established, for expenditure for the restoration of 
  8.35  abandoned pits, quarries, or deposits located upon public and 
  8.36  tax forfeited lands within the county.  If there are no 
  9.1   abandoned pits, quarries or deposits located upon public or tax 
  9.2   forfeited lands within the county, this portion of the tax shall 
  9.3   be deposited in the county road and bridge fund for expenditure 
  9.4   for the maintenance, construction and reconstruction of roads, 
  9.5   highways and bridges. used for any other unmet reclamation need 
  9.6   or for conservation or other environmental needs.  Reclamation 
  9.7   shall be prioritized as follows:  reclamation of pits and 
  9.8   quarries on public or tax-forfeited land, reclamation of 
  9.9   abandoned pits or quarries on private land, and reclamation of 
  9.10  active pits and quarries on private land. 
  9.11     Sec. 15.  [STUDY AND RECOMMENDATIONS.] 
  9.12     The director of the office of environmental assistance, in 
  9.13  consultation with the commissioners of natural resources, 
  9.14  pollution control, and transportation and the private sector, 
  9.15  shall report to the legislature within one year of the effective 
  9.16  date of this act with specific recommendations for legislation 
  9.17  that are economically and technically feasible and that will: 
  9.18     (1) provide incentives to recycle construction waste 
  9.19  materials for aggregate; 
  9.20     (2) prevent construction waste materials that can be used 
  9.21  as aggregate from entering demolition landfills.  For the 
  9.22  purposes of this study, construction waste materials include 
  9.23  asphalt, brick, block, and concrete; and 
  9.24     (3) promote or require the use of industrial waste products 
  9.25  and by-products, such as blast furnace slag, taconite tailings, 
  9.26  coal ash, and incinerator ash, in road construction. 
  9.27     Sec. 16.  [EDUCATIONAL EFFORTS.] 
  9.28     The commissioner of natural resources shall work with 
  9.29  interested parties to educate the public, local government, and 
  9.30  others who are responsible for issuing permits for aggregate 
  9.31  mining.  The goal of the education shall be to minimize the 
  9.32  detrimental consequences should long-term planning and 
  9.33  conservation of the aggregate resources be ignored. 
  9.34     Sec. 17.  [APPROPRIATION.] 
  9.35     $8,000,000 is appropriated from the general fund to the 
  9.36  commissioner of natural resources in fiscal year 2001 to be used 
 10.1   to complete the mapping program required under Minnesota 
 10.2   Statutes, section 84.94, subdivision 3, for the identification 
 10.3   and classification of potential publicly or privately owned 
 10.4   aggregate land.  In implementing the program, the commissioner 
 10.5   of natural resources shall give higher priority to rapidly 
 10.6   developing urban areas and regional trade centers.  The 
 10.7   commissioner must complete the mapping of all counties by June 
 10.8   30, 2006.  This appropriation is available until expended. 
 10.9      Sec. 18.  [EFFECTIVE DATE.] 
 10.10     Section 13 is effective on January 1, 2001.