SENATE BILL 334

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Elizabeth "Liz” Stefanics

 

 

 

 

 

AN ACT

RELATING TO MINING; PROVIDING THAT THE DIRECTOR OF THE MINING AND MINERALS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT CONSIDER THE EFFECT ON THE ENVIRONMENT AND PUBLIC HEALTH BEFORE ISSUING A PERMIT FOR A NEW MINING OPERATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 69-36-12 NMSA 1978 (being Laws 1993, Chapter 315, Section 12) is amended to read:

     "69-36-12. NEW MINING OPERATIONS--MINING OPERATION PERMIT REQUIRED.--

          A. After [the effective date of the New Mexico Mining Act] June 18, 1993, except as provided in Section [5 of that act] 69-36-5 NMSA 1978, no person shall conduct a new mining operation without a permit issued by the director. Applications for permits for new mining operations operating pursuant to Section [5 of the New Mexico Mining Act] 69-36-5 NMSA 1978 shall be received by the director by December 31, 1995. The director may grant one extension for the submission of a permit application for a new mining operation for six months for good cause shown. Prior to receiving a permit for a new mining operation, an applicant shall submit an application that complies with the New Mexico Mining Act and [regulation] rules of the commission, including, at a minimum, one year of baseline data as required by [regulation] rule.

          B. The director shall issue the permit for a new mining operation if the director finds that:

                (1) the permit application is complete;

                (2) the permit application fee has been paid and the financial assurance is adequate and has been provided;

                (3) reclamation in accordance with the proposed reclamation plan is economically and technically feasible;

                (4) the mining operation is designed to meet without perpetual care all applicable environmental requirements imposed by the New Mexico Mining Act and [regulations] rules adopted pursuant to that act and other laws following closure; [and]

                (5) the applicant, the operator or owner or any persons or entities directly controlled by the applicant, operator or owner or any persons or entities that directly control the applicant, operator or owner:

                     (a) are not currently in violation of the terms of another permit issued by the division or in violation of any substantial environmental law or substantive environmental regulation at a mining operation in the United States, which violation is unabated and is not the subject of appeal, and have not forfeited or had forfeited financial assurance required for any mining, reclamation or exploration permit in the United States; provided that a violation that occurred prior to the initiation of a legal relationship between the permit applicant and the violator shall not be considered for purposes of this paragraph; and

                     (b) have not demonstrated a pattern of willful violations of the New Mexico Mining Act or other New Mexico environmental statutes; provided that a violation that occurred prior to the initiation of a legal relationship between the permit applicant and the violator shall not be considered for purposes of this paragraph; and

                (6) in consultation with the secretary of environment and other appropriate agencies as determined by the director, the mining operation will not result in a hazard to public health, a threat to the state's water resources or wildlife or an undue risk to property or have a disproportionate effect on the health, environment or economy of a particular socioeconomic group.

          C. The permit for a new mining operation may be revoked or suspended by order of the director for violation of its terms or conditions, a [regulation] rule of the commission or a provision of the New Mexico Mining Act."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.

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