Bill Text: OR SB842 | 2013 | Regular Session | Introduced

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Bill Title: Relating to mining; declaring an emergency.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB842 Detail]

Download: Oregon-2013-SB842-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3874

                         Senate Bill 842

Sponsored by Senator BAERTSCHIGER JR; Senators BOQUIST, CLOSE,
  FERRIOLI, GEORGE, HANSELL, KNOPP, KRUSE, OLSEN, THOMSEN,
  WHITSETT, Representatives BENTZ, WHITSETT

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that mining activities do not give rise to cause of
action for nuisance or trespass in certain circumstances.
  Provides for award of attorney fees in action alleging nuisance
or trespass arising from mining.
  Authorizes State Department of Geology and Mineral Industries
to adopt rules implementing Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to mining; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 10 of this 2013 Act:
  (1) 'Mine' means a quarry, pit, well, spring or other source
from which any mineral is obtained.
  (2) 'Mineral' means any and all mineral products, metallic and
nonmetallic, solid, liquid or gaseous, and mineral waters of all
kinds.
  (3) 'Mining' means a mode of operation in a mine that:
  (a) Is or may be used in a mine of a similar nature;
  (b) Is a generally accepted, reasonable and prudent method for
the operation of the mine to obtain a profit in money;
  (c) Is or may become a generally accepted, reasonable and
prudent method in conjunction with mine use;
  (d) Complies with applicable laws; and
  (e) Is done in a reasonable and prudent manner.
  (4) 'Nuisance' or 'trespass' includes, but is not limited to,
actions or claims based on noise, vibration, odors, smoke, dust
and mist from mining. + }
  SECTION 2.  { + (1) The Legislative Assembly finds that:
  (a) Mining is critical to the economic welfare of this state.
  (b) The expansion of residential and urban uses on and near
lands zoned for resource uses or used for mining may give rise to
conflicts between resource and nonresource activities.
  (c) In the interest of the continued welfare of the state,
mining must be protected from legal actions that may be intended
to limit, or have the effect of limiting, mining.
  (2) The Legislative Assembly declares that it is the policy of
this state that:
  (a) Mining on lands zoned for resource uses must be protected.
  (b) Persons who locate on or near lands zoned for resource uses
must accept the conditions commonly associated with living in
that particular setting.
  (c) Certain private rights of action and the authority of local
governments and special districts to declare mining to be a
nuisance or trespass must be limited because such claims for
relief and local government ordinances have adverse effects on
the continuation of mining and the full use of the resource base
of this state. + }
  SECTION 3.  { + Any local government or special district
ordinance or regulation that makes mining a nuisance or trespass
or provides for its abatement as a nuisance or trespass is
invalid with respect to a mining practice for which no action or
claim is allowed under section 4 or 5 of this 2013 Act. + }
  SECTION 4.  { + (1) Mining on lands zoned for resource uses
does not give rise to any private right of action or claim for
relief based on nuisance or trespass.
  (2) Subsection (1) of this section does not apply to a right of
action or claim for relief for death or serious physical injury
as defined in ORS 161.015.
  (3) Subsection (1) of this section applies regardless of
whether the mining has undergone any change or interruption. + }
  SECTION 5.  { + (1) Mining allowed as a preexisting
nonconforming use does not give rise to any private right of
action or claim for relief based on nuisance or trespass.
  (2) Subsection (1) of this section does not apply to a right of
action or claim for relief for death or serious physical injury
as defined in ORS 161.015.
  (3) Subsection (1) of this section applies only where a mine
existed before the conflicting nonmining use of real property
that gave rise to the right of action or claim for relief.
  (4) Subsection (1) of this section applies only where a mine
has not significantly increased in size or intensity since the
date on which the land containing the mine has been included
within an urban growth boundary and planned and zoned for urban
development. + }
  SECTION 6.  { + In any action or claim for relief alleging
nuisance or trespass and arising from a practice that is alleged
by either party to be mining, the prevailing party is entitled to
judgment for reasonable attorney fees and costs incurred at trial
and on appeal. + }
  SECTION 7.  { + Sections 1 to 10 of this 2013 Act do not impair
the right of any person or governmental body to pursue any remedy
authorized by law that concerns matters other than a nuisance or
trespass. + }
  SECTION 8.  { + The State Department of Geology and Mineral
Industries may adopt rules to implement the provisions of
sections 1 to 10 of this 2013 Act. + }
  SECTION 9.  { + The Department of Environmental Quality, the
Department of State Lands and the State Department of Geology and
Mineral Industries are not required to investigate complaints if
the agency has reason to believe that the complaint is based on
practices protected by sections 1 to 10 of this 2013 Act. + }
  SECTION 10.  { + The fact that an acknowledged comprehensive
plan and land use regulations allow the siting of destination
resorts or other nonmining uses as provided in ORS 30.947,
197.435 to 197.467, 215.213, 215.283 and 215.284, does not in any
way affect the provisions of sections 1 to 10 of this 2013
Act. + }
  SECTION 11.  { + (1) Section 3 of this 2013 Act applies to all
ordinances and regulations adopted before, on or after the
effective date of this 2013 Act.
  (2) Sections 4 and 5 of this 2013 Act apply only to causes of
action that arise on or after the effective date of this 2013
Act. + }

  SECTION 12.  { + 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 on
its passage. + }
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