Mississippi Legislature

1997 Regular Session

House Bill 1396

[Introduced] [Passed House]

Instructions Bill Status Menu





History of Actions

Background

Title

Description: Mining; revise Mississippi Surface Coal Mining and Reclamation Law.

History of Actions:

101/20/97(H)Referred To Conservation and Water Resources;Oil, Gas and Other Minerals
201/28/97(H)DR - TSDPCS: CR To OG
301/28/97(H)DR - TSDPCS: OG To CR
401/28/97(H)Title Suff Do Pass Comm Sub
502/06/97(H)Committee Substitute Adopted
602/06/97(H)Passed
702/07/97(H)Transmitted To Senate
802/10/97(S)Referred To Environment Prot, Cons and Water Res;Oil, Gas and Other Minerals
903/04/97(S)Died In Committee

Background Information:

Effective datePassage
DispositionDead
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredYes

House Committees:

Senate Committees:

Principal Author: Smith (35th)

Additional Authors: Ellington, Brown, Ellis, Howell, Stevens

Code Sections: A 053-0009-0003, A 053-0009-0005, A 053-0009-0007, A 053-0009-0009, A 053-0009-0011, A 053-0009-0019, A 053-0009-0021, A 053-0009-0023, A 053-0009-0025, A 053-0009-0027, A 053-0009-0029, A 053-0009-0031, A 053-0009-0033, A 053-0009-0035, A 053-0009-0037, A 053-0009-0039, A 053-0009-0041, A 053-0009-0043, A 053-0009-0045, A 053-0009-0047, A 053-0009-0049, A 053-0009-0051, A 053-0009-0053, A 053-0009-0055, A 053-0009-0057, A 053-0009-0061, A 053-0009-0063, A 053-0009-0065, A 053-0009-0067, A 053-0009-0069, A 053-0009-0071, A 053-0009-0073, A 053-0009-0075, A 053-0009-0077, A 053-0009-0081, A 053-0009-0083, A 053-0009-0085, A 053-0009-0087, A 053-0009-0089, RP 053-0009-0013, RP 053-0009-0015, RP 053-0009-0017, RP 053-0009-0059, RP 053-0009-0079, RP 053-0009-0091

Title: AN ACT TO REVISE THE MISSISSIPPI SURFACE COAL MINING AND RECLAMATION LAW TO BE CONSISTENT WITH THE FEDERAL SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 AND STATE ENVIRONMENTAL ADMINISTRATIVE PRACTICES AND LAWS; TO AUTHORIZE THE COMMISSION, PERMIT BOARD AND DEPARTMENT TO TAKE CERTAIN ACTIONS UNDER THIS LAW WITHIN THEIR AREA OF JURISDICTION; TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 53-9-26, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT TO PROVIDE ASSISTANCE TO SMALL OPERATORS OF SURFACE COAL MINES; TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 53-9-28, MISSISSIPPI CODE OF 1972, TO REQUIRE PERMIT FEES FOR SURFACE COAL MINING AND RECLAMATION PERMITS AND TO AUTHORIZE THE COMMISSION ON ENVIRONMENTAL QUALITY TO SET THOSE FEES; TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 53-9-32, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE GEOLOGIST TO PREPARE A PLAIN LANGUAGE SUMMARY OF THE PROPOSED SURFACE COAL MINING AND RECLAMATION OPERATION BASED ON A COMPLETED APPLICATION; TO AMEND SECTION 53-9-7, MISSISSIPPI CODE OF 1972, TO REVISE, DELETE AND ADD CERTAIN DEFINITIONS; TO AMEND SECTION 53-9-9, MISSISSIPPI CODE OF 1972, TO SPECIFY THE GENERAL RESPONSIBILITIES OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY, THE COMMISSION ON ENVIRONMENTAL QUALITY AND THE PERMIT BOARD; TO AMEND SECTION 53-9-11, MISSISSIPPI CODE OF 1972, TO REVISE AND CONFORM THE AUTHORITY OF THE COMMISSION ON ENVIRONMENTAL QUALITY TO MAKE REGULATIONS; TO AMEND SECTION 53-9-23, MISSISSIPPI CODE OF 1972, TO REVISE REQUIREMENTS FOR PERMIT REISSUANCE; TO AMEND SECTION 53-9-25, MISSISSIPPI CODE OF 1972, TO REVISE THE CONTENT REQUIREMENTS FOR PERMIT APPLICATIONS; TO AMEND SECTION 53-9-27, MISSISSIPPI CODE OF 1972, TO MODIFY THE REQUIREMENTS FOR FILING OF A PERMIT APPLICATION FOR PUBLIC INSPECTION AND ALLOW CERTAIN INFORMATION TO BE OMITTED FROM THAT FILING, IF DETERMINED CONFIDENTIAL BY THE COMMISSION ON ENVIRONMENTAL QUALITY; TO AMEND SECTION 53-9-29, MISSISSIPPI CODE OF 1972, TO REVISE THE GENERAL CONTENT REQUIREMENTS FOR A RECLAMATION PLAN; TO AMEND SECTION 53-9-33, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PERMIT BOARD TO ISSUE, DENY OR MODIFY A PERMIT BASED UPON A COMPLETE APPLICATION AND TO SPECIFY GENERAL REQUIREMENTS FOR ISSUANCE OR MODIFICATION OF A PERMIT; TO AMEND SECTION 53-9-35, MISSISSIPPI CODE OF 1972, TO MODIFY THE REQUIREMENTS FOR REVISIONS OF A PERMIT; TO AMEND SECTION 53-9-37, MISSISSIPPI CODE OF 1972, TO MODIFY NOTIFICATION AND PUBLICATION REQUIREMENTS FOR PERMIT APPLICATIONS AND REQUIREMENTS FOR PUBLIC HEARINGS; TO AMEND SECTION 53-9-39, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PERMIT BOARD TO NOTIFY CERTAIN PERSONS OF ITS ACTION ON A PERMIT APPLICATION, TO PROVIDE FOR AN ADMINISTRATIVE REVIEW OF THAT ACTION AND TO PROVIDE FOR AN APPEAL OF THE FINAL ACTION OF THE PERMIT BOARD; TO AMEND SECTION 53-9-41, MISSISSIPPI CODE OF 1972, TO DELETE LANGUAGE REGARDING CONFIDENTIAL INFORMATION; TO AMEND SECTION 53-9-43, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSION ON ENVIRONMENTAL QUALITY TO DETERMINE CONFIDENTIALITY CLAIMS AND TO PROVIDE PENALTIES FOR UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION; TO AMEND SECTION 53-9-45, MISSISSIPPI CODE OF 1972, TO REQUIRE SURFACE COAL MINING AND RECLAMATION PERMITS TO MEET GENERAL ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS AND TO REVISE THE GENERAL CONTENT OF THOSE STANDARDS AND THE AUTHORITY OF THE COMMISSION ON ENVIRONMENTAL QUALITY TO ADOPT THOSE STANDARDS; TO AMEND SECTION 53-9-47, MISSISSIPPI CODE OF 1972, TO REVISE THE REQUIREMENTS FOR UNDERGROUND COAL MINING; TO AMEND SECTION 53-9-53, MISSISSIPPI CODE OF 1972, TO REQUIRE THE INCLUSION OF CERTAIN INFORMATION ON A SIGN POSTED AT THE ENTRANCE OF A SURFACE COAL MINING AND RECLAMATION OPERATION; TO AMEND SECTION 53-9-55, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS FOR ADMINISTRATIVE ENFORCEMENT AND ASSESSMENT OF CIVIL PENALTIES; TO AMEND SECTION 53-9-57, MISSISSIPPI CODE OF 1972, TO PROVIDE CRIMINAL PENALTIES FOR MAKING FALSE STATEMENTS AND REPRESENTATIONS; TO AMEND SECTION 53-9-65, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PERMIT BOARD TO RELEASE PERFORMANCE BONDS, TO REVISE THE PROCEDURE FOR RELEASE OF PERFORMANCE BONDS, TO PROVIDE FOR ADMINISTRATIVE REVIEW AND APPEAL OF DECISIONS OF THE PERMIT BOARD AND TO ESTABLISH A PROCEDURE FOR BOND FORFEITURE; TO AMEND SECTION 53-9-69, MISSISSIPPI CODE OF 1972, TO REVISE PROCEDURES FOR INSPECTIONS, ISSUANCE OF ORDERS OF THE COMMISSION ON ENVIRONMENTAL QUALITY, EXECUTIVE DIRECTOR OR THE EXECUTIVE DIRECTOR'S AUTHORIZED REPRESENTATIVE AND SUSPENSION AND REVOCATION OF PERMITS BY THE PERMIT BOARD; TO AUTHORIZE THE COMMISSION ON ENVIRONMENTAL QUALITY TO OBTAIN INJUNCTIVE RELIEF; TO AMEND SECTION 53-9-71, MISSISSIPPI CODE OF 1972, TO MODIFY THE PROCEDURE FOR PETITIONING TO DESIGNATE LANDS UNSUITABLE FOR SURFACE COAL MINING AND RECLAMATION; TO AMEND SECTION 53-9-77, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ADMINISTRATIVE REVIEW AND APPEAL OF DECISIONS OF THE PERMIT BOARD AND COMMISSION, TO CLARIFY THE RELATIONSHIP OF HEARINGS CONDUCTED UNDER THIS CHAPTER AND HEARINGS CONDUCTED UNDER CHAPTER 17 OF TITLE 49 AND TO PROVIDE FOR THE POWERS OF THE PERMIT BOARD AND THE COMMISSION ON ENVIRONMENTAL QUALITY IN CONDUCTING HEARINGS; TO AMEND SECTION 53-9-89, MISSISSIPPI CODE OF 1972, TO CREATE THE SURFACE COAL MINING AND RECLAMATION FUND, THE SURFACE COAL MINING PROGRAM OPERATIONS ACCOUNT AND THE SURFACE COAL MINING RECLAMATION ACCOUNT AND PROVIDE FOR THEIR USES; TO REQUIRE CERTAIN FUNDS BE DEPOSITED INTO THE FUND; TO REPEAL SECTION 53-9-13, MISSISSIPPI CODE OF 1972, WHICH CREATES THE SURFACE MINING AND RECLAMATIONS OPERATION SECTION; TO REPEAL SECTION 53-9-15, MISSISSIPPI CODE OF 1972, WHICH CREATES THE SURFACE MINING REVIEW BOARD; TO REPEAL SECTION 53-9-17, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE POWERS AND DUTIES OF THE DIRECTOR OF THE OFFICE OF GEOLOGY AND ENERGY RESOURCES; TO REPEAL SECTION 53-9-59, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES CRIMINAL PENALTIES FOR FAILURE TO MAKE OR MAKING FALSE STATEMENTS AND REPRESENTATIONS; TO REPEAL SECTION 53-9-79, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR JUDICIAL REVIEW OF DECISIONS OF THE SURFACE MINING REVIEW BOARD; TO REPEAL SECTION 53-9-91, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE COMMISSION ON ENVIRONMENTAL QUALITY TO ESTABLISH AND COLLECT CERTAIN FEES; TO MAKE NUMEROUS TECHNICAL AND CONFORMING AMENDMENTS TO SECTIONS 53-9-3, 53-9-5, 53-9-19, 53-9-21, 53-9-31, 53-9-49, 53-9-51, 53-9-61, 53-9-63, 53-9-67, 53-9-73, 53-9-75, 53-9-81, 53-9-83, 53-9-85 AND 53-9-87, MISSISSIPPI CODE OF 1972; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 03/05/97 at 12:09.



End Of Document

1997/History/HB\HB1396.htm