Bill Text: OR HB2202 | 2013 | Regular Session | Enrolled
Bill Title: Relating to mining on land zoned for exclusive farm use; appropriating money; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-08-01 - Chapter 706, (2013 Laws): Effective date August 1, 2013. [HB2202 Detail]
Download: Oregon-2013-HB2202-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2202
Sponsored by Representative CLEM (at the request of Oregon Farm
Bureau) (Presession filed.)
CHAPTER ................
AN ACT
Relating to mining on land zoned for exclusive farm use;
appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Legislative Assembly finds that:
(a) The extraction of aggregate, other minerals and other
subsurface resources is an essential contribution to Oregon's
economic well-being.
(b) Oregon has an economic and social interest in locating and
providing affordable aggregate, other minerals and other
subsurface resources in close proximity to the end user of the
materials.
(c) Oregon has an interest in balancing competing land use
demands for lands identified as farmlands or forestlands in a
manner that protects the economic viability of mining and other
resource uses.
(d) To balance competing resource uses, Oregon has an interest
in providing significant volumes of high-quality aggregate, other
minerals and other subsurface resources that are critical to
building Oregon's communities and infrastructure while preserving
farmland for agricultural production.
(2) The Legislative Assembly declares that:
(a) High-value farmland composed predominantly of Class I and
Class II soils in the Willamette Valley should not be available
for mining unless there is a significant volume of high-quality
aggregate and other minerals and other subsurface resources
available for extraction.
(b) State agencies and local governments should balance
competing resource uses and not restrict the removal of the full
depth of aggregate unless public health and safety concerns
necessitate the restriction of mining activity. + }
SECTION 2. { + Section 3 of this 2013 Act is added to and made
a part of ORS 517.750 to 517.901. + }
SECTION 3. { + (1) As used in this section, 'significant
aggregate resource' means the average minimum depth of aggregate,
determined by rule of the Land Conservation and Development
Commission, that is required for a local government to find that
the aggregate resource is significant pursuant to a statewide
land use planning goal that protects natural resources and
conserves scenic, historic and open space resources.
(2) When the State Department of Geology and Mineral Industries
issues an operating permit under ORS 517.790 for mining aggregate
Enrolled House Bill 2202 (HB 2202-B) Page 1
on high-value farm land composed predominantly of Class I and
Class II soils in the Willamette Valley, the department shall
require:
(a) An operator or owner to excavate substantially all of the
significant aggregate resource within the operating permit
boundary, not including any buffer, setback and sloping areas:
(A) To the extent that the removal of the significant aggregate
resource can be done in a manner that is consistent with
operating permit conditions imposed by the department; and
(B) Subject to limitations imposed by other federal, state or
local regulatory requirements.
(b) An applicant to demonstrate to the satisfaction of the
department that the operator or owner has the mechanical ability
to comply with paragraph (a) of this subsection.
(c) Performance of the requirements of paragraph (a) of this
subsection before approving final reclamation and closure of the
mining operation, unless:
(A) The operator or owner defaults as described in ORS 517.860;
or
(B) Performance is not required due to changed conditions or
new information that justify a permit modification under ORS
517.831.
(3) The acceptance by the department of a plan to mine in
compliance with subsection (2)(a) of this section does not
establish a depth standard for purposes of land use permits or
authorizations.
(4) The time limitations imposed on the department under ORS
517.830 do not apply to an application for an operating permit,
or the transfer of a permit under ORS 517.833, that is subject to
this section.
(5) This section does not require the operator or owner to
provide bond or security to excavate to the permitted depth. + }
SECTION 4. { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Land
Conservation and Development, for the biennium beginning July 1,
2013, out of the General Fund, the amount of $35,000 for the
purpose of carrying out the provisions of sections 1 and 3 of
this 2013 Act. + }
SECTION 5. { + Section 3 of this 2013 Act applies to an
application that is submitted on or after the operative date
specified in section 6 of this 2013 Act for an exploration permit
under ORS 517.705, an operating permit under ORS 517.790 or a
necessary land use permit or authorization. + }
SECTION 6. { + Sections 1, 3 and 5 of this 2013 Act become
operative January 1, 2014. + }
SECTION 7. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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Enrolled House Bill 2202 (HB 2202-B) Page 2
Passed by House July 6, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate July 7, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2202 (HB 2202-B) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2202 (HB 2202-B) Page 4
