Minnesota Legislature
SF 3669
as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 03:24pm
Current Version - as introduced
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A bill for an act
relating to natural resources; modifying financial assurance requirements for
nonferrous permit to mine; amending Minnesota Statutes 2018, section 93.49.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 93.49, is amended to read:
93.49 FINANCIAL ASSURANCE OF OPERATOR.
new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end require a bond or other security or other financial
assurance satisfactory to the commissioner from an operator. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end
review annually the extent of each operator's financial assurance under this section.
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(b) The commissioner must require an operator of a nonferrous mining operation to have
financial assurance that ensures that there is a sufficient source of funds to be used by the
commissioner to cover the costs of:
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(1) reclamation activities, including closure and postclosure maintenance;
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(2) corrective actions if noncompliance with design and operating criteria in the permit
to mine occurs; and
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(3) responding to a catastrophic mining event or failure, including costs of restoring,
repairing, and remediating damage resulting from the event or failure to:
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(i) public lands, public facilities, and public services;
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(ii) private property;
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(iii) treaty rights to hunt, fish, and gather; and
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(iv) the environment.
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(c) The commissioner must receive certification by the commissioner of management
and budget that the financial assurance required under paragraph (b) is adequate and
executable as part of the requirements and annual review required under paragraph (a). The
commissioner of management and budget must certify to the commissioner that the financial
assurance has been reviewed and determined to be adequate and executable. The
commissioner of management and budget may have the financial assurance reviewed by
an entity outside of state government with expertise in the financial assurance provided.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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