ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 603
(Senator
Tomblin, Mr. President, original
sponsor)
____________
[Passed
____________
AN
ACT to amend and reenact sections five, nine and twelve, article two‑a,
chapter five‑b of the code of West Virginia, one thousand nine hundred
thirty‑one, as amended; and to amend and reenact section ten, article
three, chapter twenty-two of said code, all relating to economic development
and reclamation of surface mining sites; allowing office of coalfield community
development and other economic development agencies to develop master plans;
expanding the authority of the office of coalfield community development
relating to post-mining sites; including recommendations by local economic
redevelopment authorities as part of reclamation plans; establishing criteria
to consider in development of these sites; providing for certain land uses as
post‑mining land uses; providing that master plans must comport to
environmental reclamation requirements; establishing additional rule-making
requirements for the office of coalfield community development; and allowing
existing and future surface mining permits to include master plan criteria and
reclamation standards.
Be
it enacted by the Legislature of
That sections five, nine and twelve,
article two‑a, chapter five‑b of the code of West Virginia, one
thousand nine hundred thirty‑one, as amended, be amended and reenacted;
and that section ten, article three, chapter twenty-two of said code be amended
and reenacted, all to read as follows:
CHAPTER
5B. ECONOMIC DEVELOPMENT ACT OF 1985.
ARTICLE 2A. OFFICE OF COALFIELD COMMUNITY DEVELOPMENT.
§5B-2A-5. Powers and duties.
The office has and may exercise the
following duties, powers and responsibilities:
(1) To establish a procedure for
developing a community impact statement as provided in section six of this
article and to administer the procedure so established;
(2) To establish a procedure for
developing and implementing coalfield community development statements as
provided in section seven of this article and to administer the procedure so
established;
(3) To establish a procedure for
determining the assets that could be developed in and maintained by the
community to foster its long-term viability as provided in section eight of
this article and to administer the procedure so established;
(4) To establish a procedure for
determining the land and infrastructure needs in the general area of the
surface mining operations as provided in section nine of this article and to
administer the procedure so established;
(5) To establish a procedure to develop
action reports and annual updates as provided in section ten of this article
and to administer the procedure so established;
(6) To determine the need for meetings
to be held among the various interested parties in the communities impacted by
surface mining operations and, when appropriate, to facilitate the meetings;
(7) To establish a procedure to assist
property owners in the sale of their property as provided in section eleven of
this article and to administer the procedure so established;
(8) In conjunction with the division,
to maintain and operate a system to receive and address questions, concerns and
complaints relating to surface mining; and
(9) On its own initiative or at the
request of a community in close proximity to a mining operation, or a mining
operation, offer assistance to facilitate the development of economic or
community assets. Such assistance may
include the preparation of a master land use plan pursuant to the provisions of
section nine of this article.
§5B-2A-9. Securing developable land and infrastructure.
(a) As a part of the coalfield
community development statement required by section seven of this article, the
office, in a collaborative effort with those persons and entities identified in
subdivision (1), subsection (b), section seven of this article, shall determine
the land and infrastructure needs in the general area of the surface mining
operations.
(b) For the purposes of this section,
the term "general area" shall mean the county or counties in which
the mining operations are being conducted or any adjacent county.
(c) To assist the office in the
development of the coalfield community development statement, the operator
shall be required to prepare and submit to the office the information set forth
in this subsection as follows:
(1) A map of the area for which a
permit under article three, chapter twenty-two of this code is being sought or
has been obtained;
(2) The names of the surface and
mineral owners of the property to be mined pursuant to the permit; and
(3) A statement of the post-mining land
use for all land which may be affected by the mining operations.
(d) In making a determination of the
land and infrastructure needs in the general area of the mining operations, the
office shall consider at least the following:
(1) The availability of developable
land in the general area;
(2) The needs of the general area for
developable land;
(3) The availability of infrastructure,
including, but not limited to, access roads, water service, wastewater service
and other utilities;
(4) The amount of land to be mined and
the amount of valley to be filled;
(5) The amount, nature and cost to
develop and maintain the community assets identified in section eight of this
article; and
(6) The availability of federal, state
and local grants and low-interest loans to finance all or a portion of the
acquisition and construction of the identified land and infrastructure needs of
the general area.
(e) In making a determination of the
land and infrastructure needs in the general area of the surface mining
operations, the office shall give significant weight to developable land on or
near existing or planned multilane highways.
(f) In addition to the coal field
community development statement cited in subsection (a) of this section, the
office may secure developable land and infrastructure for a development office
or county through the preparation of a master land use plan for inclusion into
a reclamation plan prepared pursuant to the provisions of section ten, article
three, chapter twenty‑two of this code. No provision of this section may
be construed to modify requirements of article three, chapter twenty-two of
this code. Participation in a master
land use plan is voluntary.
(1) State, local, county or regional
development or redevelopment authorities may determine land and infrastructure
needs within their jurisdictions through the development of a master land use
plan which incorporates post-mining land use needs that include industrial
uses, commercial uses, agricultural uses, public facility uses or recreational
facility uses.
(2) A master land use plan must be
reviewed by the office of coalfield community development and approved by the
division of environmental protection pursuant to section ten, article three,
chapter twenty-two of the code before the master land use plan can be
implemented.
(3) The required infrastructure
component standards needed to accomplish the designated post‑mining land
uses identified in subdivision one of this subsection shall be developed by the
relevant state, local, county or regional development or redevelopment
authority. These standards must be in
place before the respective state, local, county or regional development or
redevelopment authority can accept ownership of property donated pursuant to a
master land use plan. Acceptance of ownership of such property by a state,
local, county or regional development or redevelopment authority may not occur
unless it is determined that: (a) The property use is compatible with adjacent
land uses; (b) the use satisfies the relevant development or redevelopment
authority’s anticipated need and market use; (c) the property has in place
necessary infrastructure components needed to achieve the anticipated use; (d)
the use is supported by all other appropriate public agencies; (e) the property
is eligible for bond release in accordance with section twenty-three, article three,
chapter twenty-two of this code; and (f) the use is feasible. Required infrastructure component standards
require approval of the relevant county commission or commissions before such
standards are accepted. County commission approval may be rendered only after a
reasonable public comment period.
(4) The provisions of this subsection
shall not take effect until legislative rules are promulgated pursuant to
paragraph (C), subdivision (1), subsection (c), section twenty-three, article
three, chapter twenty-two of this code governing bond releases which assure
sound future maintenance by the local or regional economic development,
redevelopment or planning agencies.
§ 5B‑2A‑12. Rulemaking.
The office shall propose rules for
legislative approval in accordance with article three, chapter twenty‑nine‑a
of this code to establish, implement and enforce the provisions of this
article, which rules shall include, but not be limited to:
(1) The development of standards for
establishing the value of property by the office;
(2) A process for the development of a
coalfield community development statement when multiple permit applications are
applied for by one or more operators in any single county or contiguous area of
an adjacent county; and
(3) Criteria for the development of a
master plan by local, county, regional or redevelopment authorities which
coordinates the permitting and reclamation requirements of the division of
environmental protection with these authorities.
CHAPTER
22. ENVIRONMENTAL RESOURCES.
ARTICLE
3. SURFACE COAL MINING AND RECLAMATION
ACT.
§22‑3‑10. Reclamation plan requirements.
(a)
Each reclamation plan submitted as part of a surface‑mining permit
application shall include, in the degree of detail necessary to demonstrate
that reclamation required by this article can be accomplished, a statement of:
(1)
The identification of the lands subject to surface mining over the estimated
life of these operations and the size, sequence and timing of the operations
for which it is anticipated that individual permits for mining will be sought;
(2)
The condition of the land to be covered by the permit prior to any mining,
including: (A) The uses existing at the
time of the application and, if the land has a history of previous mining, the
uses which preceded any mining; (B) the capability of the land prior to any
mining to support a variety of uses, giving consideration to soil and
foundation characteristics, topography and vegetation cover and, if applicable,
a soil survey prepared pursuant to subdivision (15), subsection (a), section
nine of this article; and (C) the best information available on the
productivity of the land prior to mining, including appropriate classification
as prime farmlands and the average yield of food, fiber, forage or wood products
from the lands obtained under high levels of management;`
(3)
The use which is proposed to be made of the land following reclamation,
including a discussion of the utility and capacity of the reclaimed land to
support a variety of alternative uses and the relationship of the use to
existing land use policies and plans and the comments of any owner of the
surface, other state agencies and local governments which would have to
initiate, implement, approve or authorize the proposed use of the land following
reclamation.
The plan may include a master plan as provided in section nine, article two-a,
chapter five-b of this code which includes a post-mining land use consistent
with the reclamation and post-mining land use requirements of this article;
(4) A
detailed description of how the proposed post-mining land use is to be achieved
and the necessary support activities which may be needed to achieve the
proposed land use;
(5)
The engineering techniques proposed to be used in mining and reclamation and a
description of the major equipment; a plan for the control of surface water
drainage and of water accumulation; a plan where appropriate, for backfilling,
soil stabilization and compacting, grading, revegetation and a plan for soil
reconstruction, replacement and stabilization pursuant to the performance
standards in subdivision (7), subsection (b), section thirteen of this article
for those food, forage and forest lands identified therein; and a statement as
to how the operator plans to comply with each of the applicable requirements
set out in section thirteen or fourteen of this article;
(6) A
detailed estimated timetable for the accomplishment of each major step in the
reclamation plan;
(7)
The consideration which has been given to conducting surface mining operations
in a manner consistent with surface owner plans and applicable state and local
land use plans and programs;
(8)
The steps to be taken to comply with applicable air and water quality laws and
rules and any applicable health and safety standards;
(9)
The consideration which has been given to developing the reclamation plan in a
manner consistent with local physical environmental and climatological
conditions;
(10)
All lands, interests in lands or options on the interests held by the applicant
or pending bids on interests in lands by the applicant, which lands are
contiguous to the area to be covered by the permit;
(11) A
detailed description of the measures to be taken during the surface mining and
reclamation process to assure the protection of: (A) The quality of surface and groundwater
systems, both on- and off-site, from adverse effects of the surface mining
operation; (B) the rights of present users to the water; and (C) the quantity
of surface and groundwater systems, both on- and off-site, from adverse effects
of the surface mining operation or to provide alternative sources of water
where the protection of quantity cannot be assured;
(12)
The results of tests borings which the applicant has made at the area to be
covered by the permit or other equivalent information and data in a form
satisfactory to the director, including the location of subsurface water and an
analysis of the chemical properties, including acid forming properties of the
mineral and overburden: Provided, That information which
pertains only to the analysis of the chemical and physical properties of the
coal, except information regarding the mineral or elemental contents which are
potentially toxic in the environment, shall be kept confidential and not made a
matter of public record;
(13)
The consideration which has been given to maximize the utilization and
conservation of the solid fuel resource being recovered so that reaffecting the
land in the future can be minimized; and
(14)
Any other requirements as the director may prescribe by rule.
(b)
Any surface mining permit application filed after the effective date of this
subsection may contain, in addition to the requirements of subsection (a) of
this section, a master land use plan, prepared in accordance with article two‑a,
chapter five‑b of this code, as to the post-mining land use. A
reclamation plan approved but not implemented or pending approval as of the
effective date of this section may be amended to provide for a revised
reclamation plan consistent with the provisions of this subsection.
(c)
The reclamation plan shall be available to the public for review except for
those portions thereof specifically exempted in subsection (a) of this section.