Bill Text: MN SF786 | 2013-2014 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Silica sand mining provisions; southeastern Minnesota silica sand mining joint powers board authorization
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-13 - Author stricken Sheran [SF786 Detail]
Download: Minnesota-2013-SF786-Engrossed.html
Bill Title: Silica sand mining provisions; southeastern Minnesota silica sand mining joint powers board authorization
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-13 - Author stricken Sheran [SF786 Detail]
Download: Minnesota-2013-SF786-Engrossed.html
1.2relating to environment; allowing the creation of a joint powers board related to
1.3silica sand mining in southeastern Minnesota; providing for silica sand extraction
1.4taxing authority; allowing an extension or renewal of interim ordinances for new
1.5permits for silica sand mining and facilities; requiring a generic environmental
1.6impact statement report; modifying environmental review; providing criminal
1.7penalties; appropriating money;amending Minnesota Statutes 2012, section
1.893.25, subdivision 1; proposing coding for new law in Minnesota Statutes,
1.9chapter 298; proposing coding for new law as Minnesota Statutes, chapter 116Y.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 93.25, subdivision 1, is amended to read:
1.12 Subdivision 1. Leases. The commissioner may issue leases to prospect for, mine,
1.13and remove minerals other than iron ore upon any lands owned by the state, including trust
1.14fund lands, lands forfeited for nonpayment of taxes whether held in trust or otherwise, and
1.15lands otherwise acquired, and the beds of any waters belonging to the state. For purposes
1.16of this section, iron ore means iron-bearing material where the primary product is iron
1.17metal. The commissioner shall not issue or grant any new leases to prospect for, mine, or
1.18remove silica sand from any lands owned by the state, including, but not limited to, school
1.19trust lands, tax-forfeited lands, acquired lands, and the beds of navigable waters.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 2. [116Y.01] APPLICABILITY.
1.22This chapter applies to the counties of Blue Earth, Dakota, Dodge, Faribault,
1.23Fillmore, Goodhue, Houston, LeSueur, Mower, Nicollet, Olmsted, Rice, Scott, Steele,
1.24Wabasha, Waseca, Washington, and Winona.
2.1EFFECTIVE DATE.This section is effective the day following final enactment.
2.2 Sec. 3. [116Y.02] DEFINITIONS.
2.3The definitions in this section apply to this chapter.
2.4(a) "Board" means the Southeastern Minnesota Silica Sand Board.
2.5(b) "Extraction site" means a pit, quarry, or deposit containing silica sand and
2.6any contiguous property to the pit, quarry, or deposit that is used by the operator for
2.7stockpiling the silica sand.
2.8(c) "Importer" means any person who buys silica sand excavated from an area where
2.9the tax under section 116Y.06 is not imposed, or another state and causes the silica sand
2.10to be imported into a local unit of government in this state that imposes a tax on silica
2.11sand under section 116Y.06.
2.12(d) "Local unit of government" means a county, statutory or home rule charter city,
2.13or town that is within the counties listed in section 116Y.01.
2.14(e) "Operator" means any person engaged in the business of removing silica sand
2.15from the surface or subsurface of the soil, for the purpose of sale, either directly or
2.16indirectly, through the use of the sand in a marketable product or service.
2.17(f) "Silica sand" means naturally occurring high quartz level sand used, among several
2.18industrial uses, as a proppant for the hydraulic fracturing of shale for oil and gas production.
2.19The term silica sand includes raw, washed, or otherwise processed silica sand. Silica sand
2.20does not include common rock, stone, aggregate, gravel, and sand with a low quartz level.
2.21(g) "Silica sand mining" means the excavation and mining of silica sand by any
2.22process, including digging, excavating, mining, drilling, blasting, tunneling, dredging,
2.23stripping, or shafting.
2.24(h) "Silica sand processing" means the washing, cleaning, screening, crushing,
2.25filtering, sorting, processing, stockpiling, and storing of silica sand, either at the mining
2.26site or at any other site.
2.27(i) "Silica sand transporting" means the hauling and transporting of silica sand,
2.28by any carrier: (1) from the mining site to a processing or transfer site; or (2) from a
2.29processing or storage site to a rail, barge, or transfer site for transporting to destinations.
2.30(j) "Transfer facility" means a facility for transporting silica sand by rail, barge, or
2.31other means of transportation to destinations.
2.32EFFECTIVE DATE.This section is effective the day following final enactment.
2.33 Sec. 4. [116Y.03] SOUTHEASTERN MINNESOTA SILICA SAND BOARD.
3.1 Subdivision 1. Establishment. The Southeastern Minnesota Silica Sand Board may
3.2be established by counties listed in section 116Y.01, pursuant to section 471.59, and
3.3is established as a permanent board with authority to prepare, adopt, and implement a
3.4comprehensive land use plan designed to protect and enhance southeastern Minnesota
3.5from the negative effects of silica sand mining, transportation, and processing.
3.6 Subd. 2. Membership. (a) The governing body of each county shall appoint one of
3.7its members to serve on the board.
3.8(b) The terms of board members are two years from the date of appointment.
3.9(c) Vacancies on the board shall be filled for the reminder of the term by the
3.10governing body that made the original appointment.
3.11(d) The governing body of a county may designate another member of the governing
3.12body or a county officer to act as an alternate for the member appointed by that county.
3.13(e) Members of the scientific advisory team, created in subdivision 8, shall be ex
3.14officio, nonvoting members of the board.
3.15 Subd. 3. Officers. (a) The board shall annually appoint from among its members a
3.16chair, vice-chair, and secretary-treasurer who shall serve for concurrent one-year terms.
3.17(b) The chair shall preside over all meetings of the board and may call special
3.18meetings at reasonable times and upon adequate notice when necessary.
3.19(c) The vice-chair shall preside over the meetings of the board in the absence of
3.20the chair.
3.21(d) The secretary-treasurer or the designee of the secretary-treasurer shall keep a
3.22record of all proceedings of the board. The secretary-treasurer shall provide for the proper
3.23receipt and disbursement of funds.
3.24 Subd. 4. Meetings; open. (a) The regular meetings of the board shall be held at
3.25times and places prescribed by the board.
3.26(b) A majority of all members of the board shall constitute a quorum and a majority
3.27vote of all members shall be required for actions taken by the board.
3.28(c) Meetings of the board and advisory committees created by the board are subject
3.29to chapter 13D.
3.30 Subd. 5. Staff and contracts. The board may employ staff and contract for goods
3.31and services as necessary to implement this chapter. Contracts are subject to the statutory
3.32procedures and restrictions applicable to local unit of government contracts.
3.33 Subd. 6. Funding. The board shall annually submit to each member county for the
3.34county's approval an estimate of the funds the board will need from that county in the
3.35next fiscal year to prepare and implement the plan under section 116Y.04 and otherwise
3.36carry out the duties imposed upon it by this chapter. Each member county shall furnish
4.1the necessary funds to the board. The board may apply for, receive, and disburse federal,
4.2state, and other grants and donations.
4.3 Subd. 7. Advisory committee. The board shall appoint an advisory committee,
4.4representing a broad geographical area and diverse public interests, including equal
4.5representation from concerned citizens, local units of government, and the sand mining
4.6industry.
4.7 Subd. 8. Contact with government agencies. The board shall initiate and maintain
4.8contacts with governmental agencies as necessary to properly prepare the plan under
4.9section 116Y.04 and may negotiate cooperative management agreements. The board
4.10shall establish a scientific advisory team with appropriate state agency staff from the
4.11Departments of Natural Resources, Health, and Transportation, and the Pollution Control
4.12Agency. The team shall advise the board on developing and implementing the plan
4.13developed in section 116Y.04.
4.14EFFECTIVE DATE.This section is effective the day following final enactment.
4.15 Sec. 5. [116Y.04] PLAN IMPLEMENTATION.
4.16 Subdivision 1. Development and implementation required. The plan shall be
4.17developed and implemented by the board as provided in this section.
4.18 Subd. 2. Plan provides minimum standards. The standards set forth in the
4.19plan are the minimum standards that may be adopted by the board and by the local
4.20units of government for the protection and enhancement of the natural, scientific,
4.21historical, recreational, and cultural resources from silica sand mining in southeastern
4.22Minnesota. Silica sand mining, processing, and transport facilities permitted by a local
4.23unit of government that adopts the plan after the effective date of this section must be in
4.24conformance with the plan.
4.25 Subd. 3. Implementation. The board shall develop and establish a schedule for
4.26implementation and common administration of the plan by the local units of government.
4.27The schedule shall be binding upon the local units of government that adopt the plan
4.28subject to approval by the governing bodies of the respective local units of government.
4.29 Subd. 4. Local land use ordinance must be consistent with plan. The local units
4.30of government that adopt the plan shall adopt and amend existing land use ordinances to
4.31be consistent with the plan. Local units of government may adopt ordinances that include
4.32the minimum standards in the plan. Local units of government may enact ordinances that
4.33are stricter than the minimum standards.
4.34EFFECTIVE DATE.This section is effective the day following final enactment.
5.1 Sec. 6. [116Y.05] RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.
5.2Within jurisdictions subject to the plan, all local and special governmental units,
5.3councils, commissions, boards, and districts and all state agencies and departments must
5.4exercise their powers so as to further the purposes of this chapter and the plan. Land
5.5owned by the state, its agencies, and political subdivisions shall be administered in
5.6accordance with the plan.
5.7EFFECTIVE DATE.This section is effective the day following final enactment.
5.8 Sec. 7. [116Y.06] SILICA SAND REMOVAL; PRODUCTION TAX.
5.9 Subdivision 1. Applicability. Only local units of government that have adopted
5.10at least the minimum standards established in section 116Y.04 may impose the tax
5.11authorized under this section. The tax imposed under this section is in lieu of the taxing
5.12authority granted under section 298.75 for silica sand production. When a county imposes
5.13a production tax under this section, other local units of government shall not apply a
5.14production tax under this section for the same silica sand production.
5.15 Subd. 2. Tax imposed. (a) A local unit of government that imposes the silica sand
5.16production tax shall impose upon every operator a production tax of ... cents per cubic
5.17yard or ... cents per ton of silica sand excavated in the local unit of government, except
5.18that the local unit of government board may decide not to impose this tax if it determines
5.19that in the previous year operators removed less than 20,000 tons or 14,000 cubic yards
5.20of silica sand from that local unit of government. The tax shall not be imposed on silica
5.21sand excavated in the local unit of government until the silica sand is transported from the
5.22extraction site or sold, whichever occurs first. When silica sand is stored in a stockpile
5.23within the state and a public highway, road, or street is not used for transporting the
5.24silica sand, the tax shall not be imposed until the silica sand is sold, transported from the
5.25stockpile site, or used from the stockpile, whichever occurs first.
5.26(b) A local unit of government that imposes the silica sand production tax under
5.27paragraph (a) shall impose upon every importer a production tax of ... cents per cubic yard
5.28or ... cents per ton of silica sand imported into the local unit of government. The tax
5.29shall be imposed when the silica sand is imported from the extraction site or sold. When
5.30imported silica sand is stored in a stockpile within the state and a public highway, road, or
5.31street is not used for transporting the silica sand, the tax shall be imposed when the silica
5.32sand is sold, transported from the stockpile site, or used from the stockpile, whichever
5.33occurs first. The tax shall be imposed on an importer when the silica sand is imported into
5.34the local unit of government that imposes the tax.
6.1(c) If the silica sand is transported directly from the extraction site to a waterway,
6.2railway, or another mode of transportation other than a highway, road, or street, the tax
6.3imposed by this section shall be apportioned equally between the local unit of government
6.4where the silica sand is extracted and the local unit of government to which the silica sand is
6.5originally transported. If that destination is not located in Minnesota, then the local unit of
6.6government where the silica sand was extracted shall receive all of the proceeds of the tax.
6.7 Subd. 3. Report and remittance. (a) By the 14th day following the last day of each
6.8calendar quarter, every operator or importer shall make and file with the local unit of
6.9government in which the silica sand is removed or imported, a correct report under oath, in
6.10the form and containing information as the local unit of government shall require, relative
6.11to the quantity of silica sand removed or imported during the preceding calendar quarter.
6.12The report shall be accompanied by a remittance of the amount of tax due.
6.13(b) If any of the proceeds of the tax is to be apportioned as provided in subdivision
6.142, the operator or importer shall also include on the report any relevant information
6.15concerning the amount of silica sand transported, the tax, and the local unit of government
6.16of destination. The local unit of government shall notify the local unit of government
6.17treasurer of the amount of such tax and the local unit of government to which it is due.
6.18The local unit of government treasurer shall remit the tax to the appropriate local unit
6.19of government within 30 days.
6.20 Subd. 4. Estimate; statement of objections. If the local unit of government has not
6.21received the report by the 15th day after the last day of each calendar quarter from the
6.22operator or importer as required by subdivision 3 or has received an erroneous report, the
6.23local unit of government shall estimate the amount of tax due and notify the operator or
6.24importer by registered mail of the amount of tax so estimated within the next 14 days. An
6.25operator or importer may, within 30 days from the date of mailing the notice, and upon
6.26payment of the amount of tax determined to be due, file in the office of the local unit of
6.27government a written statement of objections to the amount of taxes determined to be due.
6.28The statement of objections shall be deemed to be a petition within the meaning of chapter
6.29278, and shall be governed by sections 278.02 to 278.13.
6.30 Subd. 5. Failure to file and pay; penalty. Failure to file the report and submit
6.31payment shall result in a penalty of $5 for each of the first 30 days, beginning on the 15th
6.32day after the last day of each calendar quarter, for which the report and payment are due
6.33and no statement of objection has been filed as provided in subdivision 4, and a penalty
6.34of $10 for each subsequent day shall be assessed against the operator or importer who is
6.35required to file the report. The penalties imposed by this subdivision shall be collected as
6.36part of the tax and credited to the local unit of government revenue fund. If neither the
7.1report nor a statement of objection has been filed after more than 60 days have elapsed
7.2from the date when the notice was sent, the operator or importer who is required to file the
7.3report is guilty of a misdemeanor.
7.4 Subd. 6. Penalties; removal of aggregate if previous tax not paid; false report.
7.5(a) It is a misdemeanor for any operator or importer to remove silica sand from a pit,
7.6quarry, or deposit or for any importer to import silica sand, unless all taxes due under this
7.7section for all previous reporting periods have been paid or objections thereto have been
7.8filed pursuant to subdivision 4.
7.9(b) It is a misdemeanor for the operator or importer who is required to file a report to
7.10file a false report with intent to evade the tax.
7.11 Subd. 7. Proceeds of taxes. (a) All money collected as taxes under this section
7.12on silica sand shall be deposited in the local unit of government treasury and credited
7.13according to this subdivision.
7.14(b) The local unit of government may retain an annual administrative fee of up to
7.15five percent of the total taxes collected in any year.
7.16(c) The balance of the taxes, after any deduction under paragraph (b), shall be
7.17credited as follows:
7.18(1) ... percent to the local unit of government road and bridge fund for expenditure
7.19for the maintenance, construction, and reconstruction of county, city, and township roads,
7.20highways, streets, and bridges;
7.21(2) ... percent to the general fund of the local unit of government for environmental
7.22protection and economic development purposes, including tourism; and
7.23(3) ... percent to a special reserve fund that is hereby established, for expenditure
7.24for the restoration of abandoned pits, quarries, or deposits located within the local unit of
7.25government. If there are no abandoned pits, quarries, or deposits located within the local
7.26unit of government, the portion of the tax allocated under this clause shall be used for any
7.27other unmet reclamation need or for conservation or other environmental needs.
7.28 Subd. 8. Examination and maintenance of records. The local unit of government
7.29or its duly authorized agent may examine records, including computer records, maintained
7.30by an importer or operator. The term "record" includes, but is not limited to, all
7.31accounts of an importer or operator. The local unit of government must have access at
7.32all reasonable times to inspect and copy all business records related to an importer's or
7.33operator's collection, transportation, and disposal of aggregate to the extent necessary to
7.34ensure that all silica sand production taxes required to be paid have been remitted to the
7.35local unit of government. The records must be maintained by the importer or operator
7.36for no less than six years.
8.1 Sec. 8. [298.76] STATE SILICA SAND PRODUCTION TAX.
8.2 Subdivision 1. Tax imposed. (a) A silica sand production tax of ... cents per cubic
8.3yard or ... cents per ton of silica sand, as defined in section 116Y.02, excavated in the
8.4state is imposed upon every operator, as defined in section 116Y.02. The tax shall not be
8.5imposed on silica sand excavated in the state until the silica sand is transported from the
8.6extraction site or sold, whichever occurs first. When silica sand is stored in a stockpile
8.7within the state and a public highway, road, or street is not used for transporting the
8.8silica sand, the tax shall not be imposed until the silica sand is sold, transported from the
8.9stockpile site, or used from the stockpile, whichever occurs first.
8.10(b) A silica sand production tax of ... cents per cubic yard or ... cents per ton of silica
8.11sand imported into the state is imposed upon every importer as defined under section
8.12116Y.04. The tax shall be imposed when the silica sand is imported from the extraction
8.13site or sold. When imported silica sand is stored in a stockpile within the state and a
8.14public highway, road, or street is not used for transporting the silica sand, the tax shall be
8.15imposed when the silica sand is sold, transported from the stockpile site, or used from the
8.16stockpile, whichever occurs first. The tax shall be imposed on an importer when the silica
8.17sand is imported into the local unit of government that imposes the tax.
8.18 Subd. 2. Report and remittance. By the 14th day following the last day of each
8.19calendar quarter, every operator or importer shall make and file with the commissioner
8.20of revenue a correct report under oath, in such form and containing such information as
8.21the local unit of government shall require, relative to the quantity of silica sand removed
8.22or imported during the preceding calendar quarter. The report shall be accompanied
8.23by a remittance of the amount of tax due.
8.24 Subd. 3. Estimate; statement of objections. If the commissioner of revenue has
8.25not received the report by the 15th day after the last day of each calendar quarter from the
8.26operator or importer as required by subdivision 2 or has received an erroneous report, the
8.27commissioner shall estimate the amount of tax due and notify the operator or importer by
8.28registered mail of the amount of tax so estimated within the next 14 days. An operator or
8.29importer may, within 30 days from the date of mailing the notice, and upon payment of the
8.30amount of tax determined to be due, file in the office of the local unit of government a
8.31written statement of objections to the amount of taxes determined to be due. The statement
8.32of objections shall be deemed to be a petition within the meaning of chapter 278, and shall
8.33be governed by sections 278.02 to 278.13.
8.34 Subd. 4. Failure to file and pay; penalty. Failure to file the report and submit
8.35payment shall result in a penalty of $5 for each of the first 30 days, beginning on the 15th
8.36day after the last day of each calendar quarter, for which the report and payment are due and
9.1no statement of objection has been filed as provided in subdivision 3, and a penalty of $10
9.2for each subsequent day shall be assessed against the operator or importer who is required
9.3to file the report. The penalties imposed by this subdivision shall be collected as part of
9.4the tax and credited to the general fund. If neither the report nor a statement of objection
9.5has been filed after more than 60 days have elapsed from the date when the notice was
9.6sent, the operator or importer who is required to file the report is guilty of a misdemeanor.
9.7 Subd. 5. Penalties; removal of aggregate if previous tax not paid; false report.
9.8(a) It is a misdemeanor for any operator or importer to remove silica sand from a pit,
9.9quarry, or deposit, or for any importer to import silica sand unless all taxes due under this
9.10section for all previous reporting periods have been paid or objections thereto have been
9.11filed pursuant to subdivision 3.
9.12(b) It is a misdemeanor for the operator or importer who is required to file a report to
9.13file a false report with intent to evade the tax.
9.14 Subd. 6. Proceeds of taxes. All money collected as taxes under this section shall
9.15be deposited in the general fund.
9.16 Subd. 7. Examination and maintenance of records. The commissioner of revenue
9.17may examine records, including computer records, maintained by an importer or operator.
9.18The term "record" includes, but is not limited to, all accounts of an importer or operator.
9.19The local unit of government must have access at all reasonable times to inspect and copy
9.20all business records related to an importer's or operator's collection, transportation, and
9.21disposal of aggregate to the extent necessary to ensure that all silica sand production taxes
9.22required to be paid have been remitted to the local unit of government. The records must
9.23be maintained by the importer or operator for no less than six years.
9.24 Sec. 9. GENERIC ENVIRONMENTAL IMPACT STATEMENT; SILICA SAND
9.25MINING, TRANSPORTING, AND FACILITIES.
9.26 Subdivision 1. Generic environmental impact statement required. By May 1,
9.272014, the Environmental Quality Board shall complete a generic environmental impact
9.28statement on silica sand mining, transporting, and related facilities. Except as provided
9.29in subdivision 2, the generic environmental impact statement shall be conducted under
9.30rules of the Environmental Quality Board.
9.31 Subd. 2. Scoping. (a) Notwithstanding the environmental review rules of the
9.32Environmental Quality Board, the scope of the generic environmental impact statement
9.33required in subdivision 1 shall be the impact of silica sand mining, transporting,
9.34processing, and transfer facilities on:
10.1(1) water resources, including but not limited to surface water and groundwater
10.2quantity and quality;
10.3(2) other natural resources, including but not limited to protected forest lands, rivers,
10.4streams, and fish hatcheries and habitat;
10.5(3) air quality from air particulate and other emissions;
10.6(4) existing agricultural, recreational, tourist, and other existing businesses; and
10.7(5) state and local roads and bridges.
10.8(b) In addition to the items listed under paragraph (a), the generic environmental
10.9impact statement shall address:
10.10(1) guidance for local units of government in addressing phased and connected
10.11actions, as defined in rules of the Environmental Quality Board, for silica sand mining,
10.12processing, and transfer facilities; and
10.13(2) necessary law and rule changes to address the issues identified in paragraph (a).
10.14By March 1, 2015, state agencies shall adopt the rule changes identified in clause (2).
10.15(c) By June 1, 2013, the Environmental Quality Board shall select the agencies and
10.16consultants for the preparation of the generic environmental impact statement.
10.17 Subd. 3. State and local permits. All state and local permits issued after the
10.18effective date of this section shall be modified to be consistent with or more restrictive
10.19than the conclusions of the generic environmental impact statement.
10.20 Subd. 4. Moratorium. Until March 1, 2014, the state, a local unit of government,
10.21or political subdivision of the state shall not permit a new or expanded silica sand mining,
10.22processing, or transfer facility as defined in Minnesota Statutes, section 116Y.02. The
10.23purpose of the moratorium is to provide sufficient time for the designated state agencies to
10.24study and determine the impacts of silica sand mining, processing, and transportation, and
10.25to adopt the necessary law and rule changes in subdivision 2, paragraph (b), clause (2).
10.26EFFECTIVE DATE.This section is effective the day following final enactment,
10.27and subdivision 4 applies retroactively to applications received on March 1, 2013, and
10.28thereafter.
10.29 Sec. 10. INTERIM ORDINANCE EXTENSION OR RENEWAL.
10.30Notwithstanding Minnesota Statutes, sections 394.34 and 462.355, subdivision 4,
10.31until March 1, 2015, a local unit of government may extend interim ordinances or renew
10.32an expired ordinance prohibiting new or expanded silica sand mining, processing, or
10.33transfer facilities, as defined in Minnesota Statutes, section 116Y.02.
10.34EFFECTIVE DATE.This section is effective retroactively to March 1, 2013.
11.1 Sec. 11. TEMPORARY ENVIRONMENTAL REVIEW REQUIREMENT;
11.2SILICA SAND.
11.3Until March 1, 2015, the Environmental Quality Board may reject the decision of
11.4a responsible governmental unit and require further deliberation when a decision on the
11.5need for an environmental impact statement under Minnesota Statutes, section 116D.04,
11.6subdivision 2a, paragraph (b), related to silica sand mining or processing does not follow
11.7requirements in the rules of the board. The board must make its decision and findings
11.8under this section within 30 days after the end of the comment period.
11.9EFFECTIVE DATE.This section is effective the day following final enactment.
11.10 Sec. 12. ENVIRONMENTAL REVIEW RULES.
11.11By August 1, 2013, the Environmental Quality Board shall amend its rules for
11.12environmental review, adopted under Minnesota Statutes, chapter 116D, for silica sand
11.13mining and processing to take into account the increased activity in the state and concerns
11.14over the size of specific operations. The board may use the good cause exemption under
11.15Minnesota Statutes, section 14.388, subdivision 1, clause (1).
11.16EFFECTIVE DATE.This section is effective the day following final enactment.
11.17 Sec. 13. APPROPRIATION; GEIS ON SILICA SAND MINING,
11.18TRANSPORTING, AND FACILITIES.
11.19$....... is appropriated in fiscal year 2013 from the general fund to the Pollution
11.20Control Agency for the Environmental Quality Board to conduct the generic environmental
11.21impact statement required under section 10. This is a onetime appropriation.
11.22EFFECTIVE DATE.This section is effective the day following final enactment.
1.3silica sand mining in southeastern Minnesota; providing for silica sand extraction
1.4taxing authority; allowing an extension or renewal of interim ordinances for new
1.5permits for silica sand mining and facilities; requiring a generic environmental
1.6impact statement report; modifying environmental review; providing criminal
1.7penalties; appropriating money;amending Minnesota Statutes 2012, section
1.893.25, subdivision 1; proposing coding for new law in Minnesota Statutes,
1.9chapter 298; proposing coding for new law as Minnesota Statutes, chapter 116Y.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 93.25, subdivision 1, is amended to read:
1.12 Subdivision 1. Leases. The commissioner may issue leases to prospect for, mine,
1.13and remove minerals other than iron ore upon any lands owned by the state, including trust
1.14fund lands, lands forfeited for nonpayment of taxes whether held in trust or otherwise, and
1.15lands otherwise acquired, and the beds of any waters belonging to the state. For purposes
1.16of this section, iron ore means iron-bearing material where the primary product is iron
1.17metal. The commissioner shall not issue or grant any new leases to prospect for, mine, or
1.18remove silica sand from any lands owned by the state, including, but not limited to, school
1.19trust lands, tax-forfeited lands, acquired lands, and the beds of navigable waters.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 2. [116Y.01] APPLICABILITY.
1.22This chapter applies to the counties of Blue Earth, Dakota, Dodge, Faribault,
1.23Fillmore, Goodhue, Houston, LeSueur, Mower, Nicollet, Olmsted, Rice, Scott, Steele,
1.24Wabasha, Waseca, Washington, and Winona.
2.1EFFECTIVE DATE.This section is effective the day following final enactment.
2.2 Sec. 3. [116Y.02] DEFINITIONS.
2.3The definitions in this section apply to this chapter.
2.4(a) "Board" means the Southeastern Minnesota Silica Sand Board.
2.5(b) "Extraction site" means a pit, quarry, or deposit containing silica sand and
2.6any contiguous property to the pit, quarry, or deposit that is used by the operator for
2.7stockpiling the silica sand.
2.8(c) "Importer" means any person who buys silica sand excavated from an area where
2.9the tax under section 116Y.06 is not imposed, or another state and causes the silica sand
2.10to be imported into a local unit of government in this state that imposes a tax on silica
2.11sand under section 116Y.06.
2.12(d) "Local unit of government" means a county, statutory or home rule charter city,
2.13or town that is within the counties listed in section 116Y.01.
2.14(e) "Operator" means any person engaged in the business of removing silica sand
2.15from the surface or subsurface of the soil, for the purpose of sale, either directly or
2.16indirectly, through the use of the sand in a marketable product or service.
2.17(f) "Silica sand" means naturally occurring high quartz level sand used, among several
2.18industrial uses, as a proppant for the hydraulic fracturing of shale for oil and gas production.
2.19The term silica sand includes raw, washed, or otherwise processed silica sand. Silica sand
2.20does not include common rock, stone, aggregate, gravel, and sand with a low quartz level.
2.21(g) "Silica sand mining" means the excavation and mining of silica sand by any
2.22process, including digging, excavating, mining, drilling, blasting, tunneling, dredging,
2.23stripping, or shafting.
2.24(h) "Silica sand processing" means the washing, cleaning, screening, crushing,
2.25filtering, sorting, processing, stockpiling, and storing of silica sand, either at the mining
2.26site or at any other site.
2.27(i) "Silica sand transporting" means the hauling and transporting of silica sand,
2.28by any carrier: (1) from the mining site to a processing or transfer site; or (2) from a
2.29processing or storage site to a rail, barge, or transfer site for transporting to destinations.
2.30(j) "Transfer facility" means a facility for transporting silica sand by rail, barge, or
2.31other means of transportation to destinations.
2.32EFFECTIVE DATE.This section is effective the day following final enactment.
2.33 Sec. 4. [116Y.03] SOUTHEASTERN MINNESOTA SILICA SAND BOARD.
3.1 Subdivision 1. Establishment. The Southeastern Minnesota Silica Sand Board may
3.2be established by counties listed in section 116Y.01, pursuant to section 471.59, and
3.3is established as a permanent board with authority to prepare, adopt, and implement a
3.4comprehensive land use plan designed to protect and enhance southeastern Minnesota
3.5from the negative effects of silica sand mining, transportation, and processing.
3.6 Subd. 2. Membership. (a) The governing body of each county shall appoint one of
3.7its members to serve on the board.
3.8(b) The terms of board members are two years from the date of appointment.
3.9(c) Vacancies on the board shall be filled for the reminder of the term by the
3.10governing body that made the original appointment.
3.11(d) The governing body of a county may designate another member of the governing
3.12body or a county officer to act as an alternate for the member appointed by that county.
3.13(e) Members of the scientific advisory team, created in subdivision 8, shall be ex
3.14officio, nonvoting members of the board.
3.15 Subd. 3. Officers. (a) The board shall annually appoint from among its members a
3.16chair, vice-chair, and secretary-treasurer who shall serve for concurrent one-year terms.
3.17(b) The chair shall preside over all meetings of the board and may call special
3.18meetings at reasonable times and upon adequate notice when necessary.
3.19(c) The vice-chair shall preside over the meetings of the board in the absence of
3.20the chair.
3.21(d) The secretary-treasurer or the designee of the secretary-treasurer shall keep a
3.22record of all proceedings of the board. The secretary-treasurer shall provide for the proper
3.23receipt and disbursement of funds.
3.24 Subd. 4. Meetings; open. (a) The regular meetings of the board shall be held at
3.25times and places prescribed by the board.
3.26(b) A majority of all members of the board shall constitute a quorum and a majority
3.27vote of all members shall be required for actions taken by the board.
3.28(c) Meetings of the board and advisory committees created by the board are subject
3.29to chapter 13D.
3.30 Subd. 5. Staff and contracts. The board may employ staff and contract for goods
3.31and services as necessary to implement this chapter. Contracts are subject to the statutory
3.32procedures and restrictions applicable to local unit of government contracts.
3.33 Subd. 6. Funding. The board shall annually submit to each member county for the
3.34county's approval an estimate of the funds the board will need from that county in the
3.35next fiscal year to prepare and implement the plan under section 116Y.04 and otherwise
3.36carry out the duties imposed upon it by this chapter. Each member county shall furnish
4.1the necessary funds to the board. The board may apply for, receive, and disburse federal,
4.2state, and other grants and donations.
4.3 Subd. 7. Advisory committee. The board shall appoint an advisory committee,
4.4representing a broad geographical area and diverse public interests, including equal
4.5representation from concerned citizens, local units of government, and the sand mining
4.6industry.
4.7 Subd. 8. Contact with government agencies. The board shall initiate and maintain
4.8contacts with governmental agencies as necessary to properly prepare the plan under
4.9section 116Y.04 and may negotiate cooperative management agreements. The board
4.10shall establish a scientific advisory team with appropriate state agency staff from the
4.11Departments of Natural Resources, Health, and Transportation, and the Pollution Control
4.12Agency. The team shall advise the board on developing and implementing the plan
4.13developed in section 116Y.04.
4.14EFFECTIVE DATE.This section is effective the day following final enactment.
4.15 Sec. 5. [116Y.04] PLAN IMPLEMENTATION.
4.16 Subdivision 1. Development and implementation required. The plan shall be
4.17developed and implemented by the board as provided in this section.
4.18 Subd. 2. Plan provides minimum standards. The standards set forth in the
4.19plan are the minimum standards that may be adopted by the board and by the local
4.20units of government for the protection and enhancement of the natural, scientific,
4.21historical, recreational, and cultural resources from silica sand mining in southeastern
4.22Minnesota. Silica sand mining, processing, and transport facilities permitted by a local
4.23unit of government that adopts the plan after the effective date of this section must be in
4.24conformance with the plan.
4.25 Subd. 3. Implementation. The board shall develop and establish a schedule for
4.26implementation and common administration of the plan by the local units of government.
4.27The schedule shall be binding upon the local units of government that adopt the plan
4.28subject to approval by the governing bodies of the respective local units of government.
4.29 Subd. 4. Local land use ordinance must be consistent with plan. The local units
4.30of government that adopt the plan shall adopt and amend existing land use ordinances to
4.31be consistent with the plan. Local units of government may adopt ordinances that include
4.32the minimum standards in the plan. Local units of government may enact ordinances that
4.33are stricter than the minimum standards.
4.34EFFECTIVE DATE.This section is effective the day following final enactment.
5.1 Sec. 6. [116Y.05] RESPONSIBILITIES OF OTHER GOVERNMENTAL UNITS.
5.2Within jurisdictions subject to the plan, all local and special governmental units,
5.3councils, commissions, boards, and districts and all state agencies and departments must
5.4exercise their powers so as to further the purposes of this chapter and the plan. Land
5.5owned by the state, its agencies, and political subdivisions shall be administered in
5.6accordance with the plan.
5.7EFFECTIVE DATE.This section is effective the day following final enactment.
5.8 Sec. 7. [116Y.06] SILICA SAND REMOVAL; PRODUCTION TAX.
5.9 Subdivision 1. Applicability. Only local units of government that have adopted
5.10at least the minimum standards established in section 116Y.04 may impose the tax
5.11authorized under this section. The tax imposed under this section is in lieu of the taxing
5.12authority granted under section 298.75 for silica sand production. When a county imposes
5.13a production tax under this section, other local units of government shall not apply a
5.14production tax under this section for the same silica sand production.
5.15 Subd. 2. Tax imposed. (a) A local unit of government that imposes the silica sand
5.16production tax shall impose upon every operator a production tax of ... cents per cubic
5.17yard or ... cents per ton of silica sand excavated in the local unit of government, except
5.18that the local unit of government board may decide not to impose this tax if it determines
5.19that in the previous year operators removed less than 20,000 tons or 14,000 cubic yards
5.20of silica sand from that local unit of government. The tax shall not be imposed on silica
5.21sand excavated in the local unit of government until the silica sand is transported from the
5.22extraction site or sold, whichever occurs first. When silica sand is stored in a stockpile
5.23within the state and a public highway, road, or street is not used for transporting the
5.24silica sand, the tax shall not be imposed until the silica sand is sold, transported from the
5.25stockpile site, or used from the stockpile, whichever occurs first.
5.26(b) A local unit of government that imposes the silica sand production tax under
5.27paragraph (a) shall impose upon every importer a production tax of ... cents per cubic yard
5.28or ... cents per ton of silica sand imported into the local unit of government. The tax
5.29shall be imposed when the silica sand is imported from the extraction site or sold. When
5.30imported silica sand is stored in a stockpile within the state and a public highway, road, or
5.31street is not used for transporting the silica sand, the tax shall be imposed when the silica
5.32sand is sold, transported from the stockpile site, or used from the stockpile, whichever
5.33occurs first. The tax shall be imposed on an importer when the silica sand is imported into
5.34the local unit of government that imposes the tax.
6.1(c) If the silica sand is transported directly from the extraction site to a waterway,
6.2railway, or another mode of transportation other than a highway, road, or street, the tax
6.3imposed by this section shall be apportioned equally between the local unit of government
6.4where the silica sand is extracted and the local unit of government to which the silica sand is
6.5originally transported. If that destination is not located in Minnesota, then the local unit of
6.6government where the silica sand was extracted shall receive all of the proceeds of the tax.
6.7 Subd. 3. Report and remittance. (a) By the 14th day following the last day of each
6.8calendar quarter, every operator or importer shall make and file with the local unit of
6.9government in which the silica sand is removed or imported, a correct report under oath, in
6.10the form and containing information as the local unit of government shall require, relative
6.11to the quantity of silica sand removed or imported during the preceding calendar quarter.
6.12The report shall be accompanied by a remittance of the amount of tax due.
6.13(b) If any of the proceeds of the tax is to be apportioned as provided in subdivision
6.142, the operator or importer shall also include on the report any relevant information
6.15concerning the amount of silica sand transported, the tax, and the local unit of government
6.16of destination. The local unit of government shall notify the local unit of government
6.17treasurer of the amount of such tax and the local unit of government to which it is due.
6.18The local unit of government treasurer shall remit the tax to the appropriate local unit
6.19of government within 30 days.
6.20 Subd. 4. Estimate; statement of objections. If the local unit of government has not
6.21received the report by the 15th day after the last day of each calendar quarter from the
6.22operator or importer as required by subdivision 3 or has received an erroneous report, the
6.23local unit of government shall estimate the amount of tax due and notify the operator or
6.24importer by registered mail of the amount of tax so estimated within the next 14 days. An
6.25operator or importer may, within 30 days from the date of mailing the notice, and upon
6.26payment of the amount of tax determined to be due, file in the office of the local unit of
6.27government a written statement of objections to the amount of taxes determined to be due.
6.28The statement of objections shall be deemed to be a petition within the meaning of chapter
6.29278, and shall be governed by sections 278.02 to 278.13.
6.30 Subd. 5. Failure to file and pay; penalty. Failure to file the report and submit
6.31payment shall result in a penalty of $5 for each of the first 30 days, beginning on the 15th
6.32day after the last day of each calendar quarter, for which the report and payment are due
6.33and no statement of objection has been filed as provided in subdivision 4, and a penalty
6.34of $10 for each subsequent day shall be assessed against the operator or importer who is
6.35required to file the report. The penalties imposed by this subdivision shall be collected as
6.36part of the tax and credited to the local unit of government revenue fund. If neither the
7.1report nor a statement of objection has been filed after more than 60 days have elapsed
7.2from the date when the notice was sent, the operator or importer who is required to file the
7.3report is guilty of a misdemeanor.
7.4 Subd. 6. Penalties; removal of aggregate if previous tax not paid; false report.
7.5(a) It is a misdemeanor for any operator or importer to remove silica sand from a pit,
7.6quarry, or deposit or for any importer to import silica sand, unless all taxes due under this
7.7section for all previous reporting periods have been paid or objections thereto have been
7.8filed pursuant to subdivision 4.
7.9(b) It is a misdemeanor for the operator or importer who is required to file a report to
7.10file a false report with intent to evade the tax.
7.11 Subd. 7. Proceeds of taxes. (a) All money collected as taxes under this section
7.12on silica sand shall be deposited in the local unit of government treasury and credited
7.13according to this subdivision.
7.14(b) The local unit of government may retain an annual administrative fee of up to
7.15five percent of the total taxes collected in any year.
7.16(c) The balance of the taxes, after any deduction under paragraph (b), shall be
7.17credited as follows:
7.18(1) ... percent to the local unit of government road and bridge fund for expenditure
7.19for the maintenance, construction, and reconstruction of county, city, and township roads,
7.20highways, streets, and bridges;
7.21(2) ... percent to the general fund of the local unit of government for environmental
7.22protection and economic development purposes, including tourism; and
7.23(3) ... percent to a special reserve fund that is hereby established, for expenditure
7.24for the restoration of abandoned pits, quarries, or deposits located within the local unit of
7.25government. If there are no abandoned pits, quarries, or deposits located within the local
7.26unit of government, the portion of the tax allocated under this clause shall be used for any
7.27other unmet reclamation need or for conservation or other environmental needs.
7.28 Subd. 8. Examination and maintenance of records. The local unit of government
7.29or its duly authorized agent may examine records, including computer records, maintained
7.30by an importer or operator. The term "record" includes, but is not limited to, all
7.31accounts of an importer or operator. The local unit of government must have access at
7.32all reasonable times to inspect and copy all business records related to an importer's or
7.33operator's collection, transportation, and disposal of aggregate to the extent necessary to
7.34ensure that all silica sand production taxes required to be paid have been remitted to the
7.35local unit of government. The records must be maintained by the importer or operator
7.36for no less than six years.
8.1 Sec. 8. [298.76] STATE SILICA SAND PRODUCTION TAX.
8.2 Subdivision 1. Tax imposed. (a) A silica sand production tax of ... cents per cubic
8.3yard or ... cents per ton of silica sand, as defined in section 116Y.02, excavated in the
8.4state is imposed upon every operator, as defined in section 116Y.02. The tax shall not be
8.5imposed on silica sand excavated in the state until the silica sand is transported from the
8.6extraction site or sold, whichever occurs first. When silica sand is stored in a stockpile
8.7within the state and a public highway, road, or street is not used for transporting the
8.8silica sand, the tax shall not be imposed until the silica sand is sold, transported from the
8.9stockpile site, or used from the stockpile, whichever occurs first.
8.10(b) A silica sand production tax of ... cents per cubic yard or ... cents per ton of silica
8.11sand imported into the state is imposed upon every importer as defined under section
8.12116Y.04. The tax shall be imposed when the silica sand is imported from the extraction
8.13site or sold. When imported silica sand is stored in a stockpile within the state and a
8.14public highway, road, or street is not used for transporting the silica sand, the tax shall be
8.15imposed when the silica sand is sold, transported from the stockpile site, or used from the
8.16stockpile, whichever occurs first. The tax shall be imposed on an importer when the silica
8.17sand is imported into the local unit of government that imposes the tax.
8.18 Subd. 2. Report and remittance. By the 14th day following the last day of each
8.19calendar quarter, every operator or importer shall make and file with the commissioner
8.20of revenue a correct report under oath, in such form and containing such information as
8.21the local unit of government shall require, relative to the quantity of silica sand removed
8.22or imported during the preceding calendar quarter. The report shall be accompanied
8.23by a remittance of the amount of tax due.
8.24 Subd. 3. Estimate; statement of objections. If the commissioner of revenue has
8.25not received the report by the 15th day after the last day of each calendar quarter from the
8.26operator or importer as required by subdivision 2 or has received an erroneous report, the
8.27commissioner shall estimate the amount of tax due and notify the operator or importer by
8.28registered mail of the amount of tax so estimated within the next 14 days. An operator or
8.29importer may, within 30 days from the date of mailing the notice, and upon payment of the
8.30amount of tax determined to be due, file in the office of the local unit of government a
8.31written statement of objections to the amount of taxes determined to be due. The statement
8.32of objections shall be deemed to be a petition within the meaning of chapter 278, and shall
8.33be governed by sections 278.02 to 278.13.
8.34 Subd. 4. Failure to file and pay; penalty. Failure to file the report and submit
8.35payment shall result in a penalty of $5 for each of the first 30 days, beginning on the 15th
8.36day after the last day of each calendar quarter, for which the report and payment are due and
9.1no statement of objection has been filed as provided in subdivision 3, and a penalty of $10
9.2for each subsequent day shall be assessed against the operator or importer who is required
9.3to file the report. The penalties imposed by this subdivision shall be collected as part of
9.4the tax and credited to the general fund. If neither the report nor a statement of objection
9.5has been filed after more than 60 days have elapsed from the date when the notice was
9.6sent, the operator or importer who is required to file the report is guilty of a misdemeanor.
9.7 Subd. 5. Penalties; removal of aggregate if previous tax not paid; false report.
9.8(a) It is a misdemeanor for any operator or importer to remove silica sand from a pit,
9.9quarry, or deposit, or for any importer to import silica sand unless all taxes due under this
9.10section for all previous reporting periods have been paid or objections thereto have been
9.11filed pursuant to subdivision 3.
9.12(b) It is a misdemeanor for the operator or importer who is required to file a report to
9.13file a false report with intent to evade the tax.
9.14 Subd. 6. Proceeds of taxes. All money collected as taxes under this section shall
9.15be deposited in the general fund.
9.16 Subd. 7. Examination and maintenance of records. The commissioner of revenue
9.17may examine records, including computer records, maintained by an importer or operator.
9.18The term "record" includes, but is not limited to, all accounts of an importer or operator.
9.19The local unit of government must have access at all reasonable times to inspect and copy
9.20all business records related to an importer's or operator's collection, transportation, and
9.21disposal of aggregate to the extent necessary to ensure that all silica sand production taxes
9.22required to be paid have been remitted to the local unit of government. The records must
9.23be maintained by the importer or operator for no less than six years.
9.24 Sec. 9. GENERIC ENVIRONMENTAL IMPACT STATEMENT; SILICA SAND
9.25MINING, TRANSPORTING, AND FACILITIES.
9.26 Subdivision 1. Generic environmental impact statement required. By May 1,
9.272014, the Environmental Quality Board shall complete a generic environmental impact
9.28statement on silica sand mining, transporting, and related facilities. Except as provided
9.29in subdivision 2, the generic environmental impact statement shall be conducted under
9.30rules of the Environmental Quality Board.
9.31 Subd. 2. Scoping. (a) Notwithstanding the environmental review rules of the
9.32Environmental Quality Board, the scope of the generic environmental impact statement
9.33required in subdivision 1 shall be the impact of silica sand mining, transporting,
9.34processing, and transfer facilities on:
10.1(1) water resources, including but not limited to surface water and groundwater
10.2quantity and quality;
10.3(2) other natural resources, including but not limited to protected forest lands, rivers,
10.4streams, and fish hatcheries and habitat;
10.5(3) air quality from air particulate and other emissions;
10.6(4) existing agricultural, recreational, tourist, and other existing businesses; and
10.7(5) state and local roads and bridges.
10.8(b) In addition to the items listed under paragraph (a), the generic environmental
10.9impact statement shall address:
10.10(1) guidance for local units of government in addressing phased and connected
10.11actions, as defined in rules of the Environmental Quality Board, for silica sand mining,
10.12processing, and transfer facilities; and
10.13(2) necessary law and rule changes to address the issues identified in paragraph (a).
10.14By March 1, 2015, state agencies shall adopt the rule changes identified in clause (2).
10.15(c) By June 1, 2013, the Environmental Quality Board shall select the agencies and
10.16consultants for the preparation of the generic environmental impact statement.
10.17 Subd. 3. State and local permits. All state and local permits issued after the
10.18effective date of this section shall be modified to be consistent with or more restrictive
10.19than the conclusions of the generic environmental impact statement.
10.20 Subd. 4. Moratorium. Until March 1, 2014, the state, a local unit of government,
10.21or political subdivision of the state shall not permit a new or expanded silica sand mining,
10.22processing, or transfer facility as defined in Minnesota Statutes, section 116Y.02. The
10.23purpose of the moratorium is to provide sufficient time for the designated state agencies to
10.24study and determine the impacts of silica sand mining, processing, and transportation, and
10.25to adopt the necessary law and rule changes in subdivision 2, paragraph (b), clause (2).
10.26EFFECTIVE DATE.This section is effective the day following final enactment,
10.27and subdivision 4 applies retroactively to applications received on March 1, 2013, and
10.28thereafter.
10.29 Sec. 10. INTERIM ORDINANCE EXTENSION OR RENEWAL.
10.30Notwithstanding Minnesota Statutes, sections 394.34 and 462.355, subdivision 4,
10.31until March 1, 2015, a local unit of government may extend interim ordinances or renew
10.32an expired ordinance prohibiting new or expanded silica sand mining, processing, or
10.33transfer facilities, as defined in Minnesota Statutes, section 116Y.02.
10.34EFFECTIVE DATE.This section is effective retroactively to March 1, 2013.
11.1 Sec. 11. TEMPORARY ENVIRONMENTAL REVIEW REQUIREMENT;
11.2SILICA SAND.
11.3Until March 1, 2015, the Environmental Quality Board may reject the decision of
11.4a responsible governmental unit and require further deliberation when a decision on the
11.5need for an environmental impact statement under Minnesota Statutes, section 116D.04,
11.6subdivision 2a, paragraph (b), related to silica sand mining or processing does not follow
11.7requirements in the rules of the board. The board must make its decision and findings
11.8under this section within 30 days after the end of the comment period.
11.9EFFECTIVE DATE.This section is effective the day following final enactment.
11.10 Sec. 12. ENVIRONMENTAL REVIEW RULES.
11.11By August 1, 2013, the Environmental Quality Board shall amend its rules for
11.12environmental review, adopted under Minnesota Statutes, chapter 116D, for silica sand
11.13mining and processing to take into account the increased activity in the state and concerns
11.14over the size of specific operations. The board may use the good cause exemption under
11.15Minnesota Statutes, section 14.388, subdivision 1, clause (1).
11.16EFFECTIVE DATE.This section is effective the day following final enactment.
11.17 Sec. 13. APPROPRIATION; GEIS ON SILICA SAND MINING,
11.18TRANSPORTING, AND FACILITIES.
11.19$....... is appropriated in fiscal year 2013 from the general fund to the Pollution
11.20Control Agency for the Environmental Quality Board to conduct the generic environmental
11.21impact statement required under section 10. This is a onetime appropriation.
11.22EFFECTIVE DATE.This section is effective the day following final enactment.
