West Virginia 2018 Regular Session Status: Enacted 1 R cosponsors

SB 626 — Relating generally to coal mining

Last action — Chapter 152, Acts, Regular Session, 2018

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

752 added · 884 removed

Plain-language change summary

The recent changes to SB 626 make a few important updates to the Surface Coal Mining and Reclamation Act. One key change clarifies how public notices about mining permit applications must be published, allowing for electronic formats and ensuring that local residents can easily locate the proposed mining sites. Additionally, it specifies that written protests related to these applications can be submitted for at least 30 days after the final advertisement appears. These modifications aim to improve transparency and community involvement in the permitting process.

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NEWS RELEASES HELPFUL LINKS Introduced Version - Originating in Committee « Senate Bill 626 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 626 History OTHER VERSIONS  —  Introduced Version - Originating in Committee  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Originating Senate Bill 626 By Senator Smith [Originating in the Committee on Energy, Industry, and Mining;
Red = new code to be enacted WEST virginia legislature regular session Enrolled Senate Bill 626 By Senator Smith [Passed March 8, 2018;
Reported on February 19, 2018] A BILL to amend and reenact §22-3-9 and §22-3-20 of the Code of West Virginia, 1931, as amended;
in effect 90 days from passage] AN ACT to amend and reenact §22-3-9 and §22-3-20 of the Code of West Virginia, 1931, as amended;
The advertisement shall contain, in abbreviated form, the information required by this section including the ownership and map of the tract location and boundaries of the proposed site so that the proposed operation is readily locatable by local residents, the location of the office of the division department where the application is available for public inspection, and stating that written protests will be accepted by the director secretary until a certain date which is at least 30 days after the last publication of the applicant’s advertisement;
The advertisement shall contain, in abbreviated form, the information required by this section including the ownership and map of the tract location and boundaries of the proposed site so that the proposed operation is readily locatable by local residents, the location of the office of the department where the application is available for public inspection, and stating that written protests will be accepted by the secretary until a certain date which is at least 30 days after the last publication of the applicant’s advertisement;
Provided, That nothing in this article may be construed as vesting in the director secretary the jurisdiction to adjudicate property-rights disputes;
Provided, That nothing in this article may be construed as vesting in the secretary the jurisdiction to adjudicate property-rights disputes;
(11) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and groundwater systems, including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the director secretary of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area, and particularly upon water availability:
(11) A determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime, quantity and quality of water in surface and groundwater systems, including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the secretary of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area, and particularly upon water availability:
Provided, That this determination is not required until such the time as hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency or, if existing and in the possession of the applicant, from the applicant:
Provided, That this determination is not required until the time hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency or, if existing and in the possession of the applicant, from the applicant:
In addition to other things specified by the director secretary, the map shall show the boundary lines and names of present owners of record of all surface areas abutting the proposed permit area and the location of all structures within 1,000 feet of the proposed permit area;
In addition to other things specified by the secretary, the map shall show the boundary lines and names of present owners of record of all surface areas abutting the proposed permit area and the location of all structures within 1,000 feet of the proposed permit area;
(13) Cross-section maps or plans of the proposed affected area, including the actual area to be mined, prepared by, or under the direction of, and certified by a person approved by the director secretary, showing pertinent elevation and location of test borings or core samplings, where required by the director secretary, and depicting the following information:
(13) Cross-section maps or plans of the proposed affected area, including the actual area to be mined, prepared by, or under the direction of, and certified by a person approved by the secretary, showing pertinent elevation and location of test borings or core samplings, where required by the secretary, and depicting the following information:
Provided, That the provisions of this subdivision may be waived by the director secretary with respect to the specific application by a written determination that such requirements are unnecessary;
Provided, That the provisions of this subdivision may be waived by the secretary with respect to the specific application by a written determination that such requirements are unnecessary;
(15) For those lands in the permit application which a reconnaissance inspection suggests may be prime farmlands, a soil survey shall be made or obtained according to standards established by the secretary Commissioner of Agriculture in order to confirm the exact location of such the prime farmlands;
(15) For those lands in the permit application which a reconnaissance inspection suggests may be prime farmlands, a soil survey shall be made or obtained according to standards established by the Commissioner of Agriculture in order to confirm the exact location of the prime farmlands;
(18) When requested by the director secretary, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges;
(18) When requested by the secretary, the climatological factors that are peculiar to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges;
(b) If the director secretary finds that the probable total annual production at all locations of any coal surface mining operator will not exceed 300,000 tons, the determination of probable hydrologic consequences including the engineering analyses and designs necessary as required by this article or rules promulgated thereunder;
(b) If the secretary finds that the probable total annual production at all locations of any coal surface mining operator will not exceed 300,000 tons, the determination of probable hydrologic consequences including the engineering analyses and designs necessary as required by this article or rules promulgated thereunder;
and the collection of archaeological and historical information required by this article and rules promulgated thereunder and any other archaeological and historical information required by the federal Department of the Interior and the preparation of plans that may be necessitated thereby shall, upon the written request of the operator, be performed by a qualified public or private laboratory designated by the director secretary and a reasonable cost of the preparation of such the determination and statement shall be assumed by the division department from funds provided by the United States Department of the Interior pursuant to the federal Surface Mining Control and Reclamation Act of 1977, as amended.
and the collection of archaeological and historical information required by this article and rules promulgated thereunder and any other archaeological and historical information required by the federal Department of the Interior and the preparation of plans that may be necessitated thereby shall, upon the written request of the operator, be performed by a qualified public or private laboratory designated by the secretary and a reasonable cost of the preparation of the determination and statement shall be assumed by the department from funds provided by the United States Department of the Interior pursuant to the federal Surface Mining Control and Reclamation Act of 1977, as amended.
(c) Before the first publication of the applicant’s advertisement as provided in this section, each applicant for a surface mining permit shall file, except for that information pertaining to the coal seam itself, a copy of the application for public inspection in the nearest office of the division department as specified in the applicant’s advertisement.
(c) Before the first publication of the applicant’s advertisement as provided in this section, each applicant for a surface mining permit shall file, except for that information pertaining to the coal seam itself, a copy of the application for public inspection in the nearest office of the department as specified in the applicant’s advertisement.
(d) Each applicant for a permit shall be required to submit to the director secretary as a part of the permit application a certificate issued by an insurance company authorized to do business in this state covering the surface mining operation for which the permit is sought, or evidence that the applicant has satisfied state self-insurance requirements.
(d) Each applicant for a permit shall be required to submit to the secretary as a part of the permit application a certificate issued by an insurance company authorized to do business in this state covering the surface mining operation for which the permit is sought, or evidence that the applicant has satisfied state self-insurance requirements.
(e) Each applicant for a surface mining permit shall submit to the director secretary as part of the permit application a blasting plan where explosives are to be used, which shall outline the procedures and standards by which the operator will meet the provisions of the blasting performance standards.
(e) Each applicant for a surface mining permit shall submit to the secretary as part of the permit application a blasting plan where explosives are to be used, which shall outline the procedures and standards by which the operator will meet the provisions of the blasting performance standards.
(g) Within five working days of receipt of an application for a permit, the director secretary shall notify the operator in writing, stating whether the application is administratively complete and whether the operator’s advertisement may be published.
(g) Within five working days of receipt of an application for a permit, the secretary shall notify the operator in writing, stating whether the application is administratively complete and whether the operator’s advertisement may be published.
If the application is not administratively complete, the director secretary shall state in writing why the application is not administratively complete.
If the application is not administratively complete, the secretary shall state in writing why the application is not administratively complete.
Such The comments shall be immediately transmitted by the secretary to the applicant and to the appropriate office of the department.
The comments shall be immediately transmitted by the secretary to the applicant and to the appropriate office of the department.
Such The objections shall be immediately transmitted to the applicant by the secretary and shall be made available to the public.
The objections shall be immediately transmitted to the applicant by the secretary and shall be made available to the public.
required provisions;
required provisions.
effective date.
Parts or 330 for use at or in conjunction with a surface coal mining operation as defined in section three, article three of this chapter, certification may be issued subject to the following conditions:  in accordance with the legislative rules entitled Rules for Individual State Certification of Activities Requiring a Federal Permit, 47 C.S.R.
Parts 323 or may be issued a certification in accordance with the legislative rules entitled Rules for Individual State Certification of Activities Requiring a Federal Permit, 47 C.S.R.
(1) If the applicant’s surface coal mining operation will not impact waters of the state designated as national resource waters and streams where trout naturally reproduce and will not impact wetlands of the state in a manner inconsistent with all applicable state or federal standards as the case may be, as required by the federal Clean Water Act, and if the watershed above the toe of the farthest downstream permanent structure authorized pursuant to the United States Army Corps of Engineers permits issued in accordance with 33 U.S.C.
(1) The proposed activity shall comply with all applicable state and federal laws, rules, and regulations.
§1344 and 33 C.F.R.
(2) The secretary shall propose rules for legislative approval in accordance with §29A-3-1 et seq.
Parts 323 or 330 is less than two hundred fifty acres, then the director may issue a water quality certification pursuant to the requirements of this section.
If the watershed above the toe of the farthest downstream permanent structure impacted is equal to or greater than two hundred fifty acres, the director shall require that mitigation be undertaken.
Additionally, the director may require mitigation for temporary impacts to waters of the state as specified in subdivision (2) of this subsection.
(2) If the watershed above the toe of the farthest downstream permanent structure authorized pursuant to the United States Army Corps of Engineers permits issued in accordance with 33 U.S.C.
§1344 and 33 C.F.R.
Parts 323 or 330 is greater than or equal to two hundred fifty acres and all other necessary requirements are met consistent with this section, the director shall further condition a water quality certification on a requirement that the applicant mitigate the expected water quality impacts under the following conditions:
(A) The water quality certification may require mitigation at a ratio appropriate to the type of waters impacted, consistent with state or federal standards as required by the federal Clean Water Act, for the types and locations of waters impacted;
(B) The Director may accept mitigation on the permitted area, mitigation off the permitted area, mitigation banking of waters of the state, or any combination thereof, or any other mitigation measure acceptable to the Director;
and (C) The Director shall provide credit for any mitigation that is a required component of the permit issued by the United States Army Corps of Engineers pursuant to 33 U.S.C.
§1344 to the extent that it satisfies required mitigation pursuant to this section.
(D) Upon completion of the work required by an agreement to conduct operations authorized by this subsection the surface coal mining operation shall obtain a certification from a registered professional engineer that all mitigation work specified in the agreement has been completed in accordance with the conditions of the water quality certification.
The director shall promptly review the certification and provide to the surface coal mining operation with notice that all mitigation work has been successfully completed, or that further mitigation work is necessary to meet the conditions imposed by the water quality certification.
The mitigation amount may not exceed $200,000 per acre of stream disturbed above the toe of the farthest downstream permanent structure.
Those moneys shall be deposited in the stream restoration fund under the jurisdiction of the Division of Environmental Protection and any expenditures from this fund after June 30, 1998, shall not be authorized from collections but shall only be authorized by appropriation by the Legislature.
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Additionally, the expenditures are only authorized in those counties where the activity leading to the mitigation occurred or in those counties adjacent to the counties where the activity leading to the mitigation occurred.
The Director shall by December 31, of each year provide a report to the Joint Committee on Government and Finance on receipts and expenditures from the stream restoration fund, the number of acreage reclaimed by the Division through the use of these funds and the effectiveness of achieving stream restoration through the payment of the mitigation amounts into the fund in lieu of reclamation by the certificate holder.
(3) The Director shall confer with representatives of the surface coal mining industry and representatives of environmental organizations with an interest in water quality in developing a manual of approval options for mitigation on permitted areas, mitigation off permitted areas and mitigation involving banking of waters of the state.
(4) (1) The proposed surface coal mining operation activity shall comply with all applicable state and federal laws, rules, and regulations.
(5) (2) The director secretary shall propose rules for legislative approval in accordance with §29A-3-1 et seq.
(A) Establishing all necessary operational and performance requirements for an operator a person undertaking activities covered by this section;
(A) Establishing all necessary operational and performance requirements for a person undertaking activities covered by this section;
and (C) Establishing the specific operational requirements for mining operations the activity consistent with this section appropriate to protect the waters of this state during and following mining operations the activity.
and (C) Establishing the specific operational requirements for the activity consistent with this section appropriate to protect the waters of this state during and following the activity.
The federal Environmental Protection Agency, Army Corps of Engineers, Office of Surface Mining Reclamation and Enforcement, and the Fish and Wildlife Service.
The federal Environmental Protection Agency, Army Corps of Engineers, Office of Surface Mining Reclamation and Enforcement, and Fish and Wildlife Service.
Upon submission of such program the director has ninety days to approve, reject, or modify such program.
Upon submission of such program the director has 90 days to approve, reject, or modify such program.
If the program is rejected, the director shall give the operator a reasonable time to correct and resubmit such program.
If the program is rejected, the director shall give the operator a reasonable time to correct and resubmit such program.  An up-to-date copy of each program shall be placed on file in the office and further copies shall be made available to the miners of each mine and their representatives.
Each program which is approved shall be reviewed, at least annually, by the director.
 An up-to-date copy of each program shall be placed on file in the office and further copies shall be made available to the miners of each mine and their representatives.
Once approved, a comprehensive mine safety program shall not be subject to annual review by the director:  Provided, That a program may be subject to annual review by the director after a fatality or serious accident involving bodily harm has occurred, or, if the operator has shown a pattern of mine safety violations as defined by §22A-1-15(2) of this code, such a finding shall also warrant annual review by the director.
Once approved, a comprehensive mine safety program shall not be subject to annual review by the director:
Provided, That a program may be subject to annual review by the director after a fatality or serious accident involving bodily harm has occurred, or, if the operator has shown a pattern of mine safety violations as defined by §22A-1-15(2) of this code, such a finding shall also warrant annual review by the director.
Provided, That if an alternative method of ventilation will at all times guarantee no less than the same measure of protection afforded the miners of an underground mine by the foregoing or if the application of the foregoing to an underground mine will result in a diminution of safety to the miners in the mine, the director may approve the interim use of belt air pursuant to the following:.
Provided, That if an alternative method of ventilation will at all times guarantee no less than the same measure of protection afforded the miners of an underground mine by the foregoing or if the application of the foregoing to an underground mine will result in a diminution of safety to the miners in the mine, the director may approve the interim use of belt air pursuant to the following.
(1) For those operators using belt air pursuant to a ventilation plan approved by the director in accordance with the provisions of section two of this article prior to the effective date of the enactment of this section, the director shall cause an inspection to be made of the mine ventilation system and ventilation equipment.
The director may allow the continued use of belt air in that mine if he or she determines that:
(i) The use meets the minimum requirements of 30 CFR 75.350(b);
and (ii) the use, as set forth in the ventilation plan and as inspected, will at all times guarantee no less than the same measure of protection afforded the miners of the mine if belt air were not used, or that the prohibition of the use of belt air in the mine will result in a diminution of safety to the miners in the mine.
(2) For those operators submitting on or after the effective date of the enactment of this section, a ventilation plan proposing the use of belt air to the director pursuant to section two of this article, the director shall immediately upon receipt of the plan give notice of the plan to the representative of the miners in that mine and cause any investigation to be made that the director considers appropriate:
Provided, That the investigation shall include a review of any comments on the plan submitted by the representative of miners in the mine.
Upon receiving the report of the investigation, the director shall make findings of fact and issue a written decision, incorporating in the decision his or her findings and an order approving or denying the use of belt air pursuant to the terms of the ventilation plan.
To approve the use of belt air pursuant to a ventilation plan, the director shall, at a minimum, determine that:
(i) The operator’s proposed use of belt air meets the minimum requirements of 30 CFR 75.350(b);
and (ii) approval of the proposed use of belt air will at all times guarantee no less than the same measure of protection afforded the miners of the mine if belt air were not used, or that the prohibition of the use of belt air in the mine will result in a diminution of safety to the miners in the mine.
(3) The interim use of belt air shall be accurately reflected in operator’s plan of ventilation, as approved by the director in accordance with the provisions of section two of this article.
(c) Upon completion of the independent scientific and engineering review concerning the use of belt air and the composition and fire retardant properties of belt materials in underground coal mining by the technical study panel created pursuant to the provisions of 30 U.
S.
C.
§963 and the Secretary of the United States Department of Labor’s corresponding report to Congress pursuant to the review, the Board of Coal Mine Health and Safety shall, within thirty days of the Secretary of Labor’s report to Congress, provide the Governor with its recommendations, if any, for the enactment, repeal or amendment of any statute or rule which would enhance the safe ventilation of underground mines and the health and safety of miners:
Provided, That at least sixty days after the Secretary of Labor’s report to Congress, the Board of Coal Mine Health, Safety and Training shall promulgate emergency rules regulating the use of belt air in light of that report:
Provided, however, That the provisions of subsections (a) and (b) of this section shall expire and no longer have any force and effect upon the filing of such emergency rules.
(c) On or after the effective date of the amendment and reenactment of this section during the 2007 regular session of the Legislature, a professional engineer registered with the Board of Registration for Professional Engineers pursuant to §30-13-1 et seq.
(c) On or after the effective date of the amendment and reenactment of this section during the regular session of the Legislature, a professional engineer registered with the Board of Registration for Professional Engineers pursuant to §30-13-1 et seq.
 _____________________P.E.” (d) On or after the effective date of the amendment and reenactment of this section during the 2007 regular session of the Legislature, the director shall approve the construction of all new seals in accordance with rules authorized in this section.
 _____________________P.E.” (d) On or after the effective date of the amendment and reenactment of this section during the regular session of the Legislature, the director shall approve the construction of all new seals in accordance with rules authorized in this section.
(1) Certified by the mine foreman-fire boss of the mine as being in accordance with the design certified by a professional engineer pursuant to 22A-2-5(c) of this code;
(1) Certified by the mine foreman-fire boss of the mine as being in accordance with the design certified by a professional engineer pursuant to §22A-2-5(c) of this code;
(e) On or after the effective date of the amendment and reenactment of this section during the 2007 regular session of the Legislature, the operator shall inspect the physical condition of all seals and measure the atmosphere behind all seals in accordance with protocols developed by the Board of Coal Mine Health and Safety, pursuant to rules authorized in this section and consistent with a mine-specific atmospheric measurement plan submitted to and approved by the director.
(e) On or after the effective date of the amendment and reenactment of this section during the regular session of the Legislature, the operator shall inspect the physical condition of all seals and measure the atmosphere behind all seals in accordance with protocols developed by the Board of Coal Mine Health and Safety, pursuant to rules authorized in this section and consistent with a mine-specific atmospheric measurement plan submitted to and approved by the director.
— The method of mining followed in any coal mine shall may not expose the miner to unusual dangers from roof falls., and the MSHA-approved plan shall serve as the state-approved plan:
— The method of mining followed in any coal mine may not expose the miner to unusual dangers from roof falls, and the MSHA-approved plan shall serve as the state-approved plan:
Each locomotive, personnel carrier, barrier tractor.
Each locomotive, personnel carrier, barrier tractor, and other related equipment shall be equipped with a suitable lifting jack and handle.
and other related equipment shall be equipped with a suitable lifting jack and handle.
(3) Any person that who, without the authorization of the operator or the director, knowingly removes or attempts to remove any self-contained self-rescue device or lifeline cord from the mine or mine site with the intent to permanently deprive the operator of the device or lifeline cord or knowingly tampers with or attempts to tamper with the device or lifeline cord shall be is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than 10 years, or fined not less than $10,000 nor more than $100,000, or both imprisoned and fined.
(3) Any person who, without the authorization of the operator or the director, knowingly removes or attempts to remove any self-contained self-rescue device or lifeline cord from the mine or mine site with the intent to permanently deprive the operator of the device or lifeline cord or knowingly tampers with or attempts to tamper with the device or lifeline cord is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than 10 years, or fined not less than $10,000 nor more than $100,000, or both imprisoned and fined.
(g) The MSHA-approved emergency response plan (ERP) shall serve as the state-approved plan governing the storage of self-contained self-rescuers (SCSR):
(g) The MSHA-approved emergency response plan (ERP) shall serve as the state-approved plan governing the storage of self-contained self-rescuers (SCSR).  At a minimum, three one-hour SCSRs shall be available for everyone reasonably likely to be on the working section at any given time.  The director may issue a special assessment pursuant to §22A-1-21 of this code for failure to comply with this subsection.    (h)(1) A wireless emergency communication device approved by the director and provided by the operator shall be worn by each person underground:
Provided, That the MSHA-approved plan shall comply with all provisions of state mining law as set forth in state code or code of state rules:
Provided, however, The operator’s ERP shall include one additional SCSR than is required by MSHA on the working section for each person present.  The operator shall provide at least three SCSRs, which shall include one on the working section, one additional in storage, and one on the mantrip.  Nothing in this subsection shall be construed to require a miner to wear a one-hour SCSR if all other SCSRs are stored pursuant to this subsection.
The director may issue a special assessment pursuant to §22A-1-21 of this code for failure to comply with this subsection.
(g)(h)(1) A wireless emergency communication device approved by the director and provided by the operator shall be worn by each person underground:
(2) Any person that who, without the authorization of the operator or the director, knowingly removes or attempts to remove any wireless emergency communication device or related equipment from the mine or mine site with the intent to permanently deprive the operator of the device or equipment or knowingly tampers with or attempts to tamper with the device or equipment shall be is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than 10 years, or fined not less than $10,000 nor more than $100,000, or both imprisoned and fined.
(2) Any person who, without the authorization of the operator or the director, knowingly removes or attempts to remove any wireless emergency communication device or related equipment from the mine or mine site with the intent to permanently deprive the operator of the device or equipment or knowingly tampers with or attempts to tamper with the device or equipment is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than 10 years, or fined not less than $10,000 nor more than $100,000, or both imprisoned and fined.
(h)(i)(1) A wireless tracking device approved by the director and provided by the operator shall be worn by each person underground.
 (i)(1) A wireless tracking device approved by the director and provided by the operator shall be worn by each person underground.
  (3) (2) Any person that who, without the authorization of the operator or the director, knowingly removes or attempts to remove any wireless tracking device or related equipment, approved by the director, from a mine or mine site with the intent to permanently deprive the operator of the device or equipment or knowingly tampers with or attempts to tamper with the device or equipment shall be is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than 10 years, or fined not less than $10,000 nor more than $100,000, or both imprisoned and fined.
(3) Any person who, without the authorization of the operator or the director, knowingly removes or attempts to remove any wireless tracking device or related equipment, approved by the director, from a mine or mine site with the intent to permanently deprive the operator of the device or equipment or knowingly tampers with or attempts to tamper with the device or equipment is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one year nor more than 10 years, or fined not less than $10,000 nor more than $100,000, or both imprisoned and fined.
(i)(j) The director may shall promulgate emergency and legislative rules to implement and enforce this section pursuant to the provisions of §29A-3-1 et seq.
 (j) The director shall promulgate emergency and legislative rules to implement and enforce this section pursuant to the provisions of §29A-3-1 et seq.
 Unless otherwise revised, Bby August 31, 2017 2018, the director shall revise state rules promulgated pursuant to the authority of this chapter as follows:
Unless otherwise revised, by August 31, 2018, the director shall revise state rules promulgated pursuant to the authority of this chapter as follows:
and (9) To remove the requirement for eight hours of annual diesel equipment operator refresher training separate from that required by MSHA regulations;
(9) To remove the requirement for eight hours of annual diesel equipment operator refresher training separate from that required by MSHA regulations;
  NOTE:
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The purpose of this bill is to establish new notice requirements under permit application requirements and contents under the Surface Coal Mining And Reclamation Act.
The bill re-establishes when a certification is granted under the Water Pollution Control Act.  The bill strikes the requirement that a comprehensive mine safety program (CMSP) be subject to annual review by the director.
The bill provides that ventilation plans, seal plans, roof control plans, and belt air plans, having been approved by MSHA already, shall be the only required plan to be sent to the director;
thereby eliminating the need for duplicative plans to be sent to the MSHA its state counterpart so long as all other mining laws and rules are being followed.
The bill provides that self-contained self-rescuer (SCSR) storage plans, tracking/communications plans, and shelter plans established by the MSHA-approved emergency response plan (ERP) shall be the only required plan to be sent to the director.
The bill requires that the surface mine ground control plan approved by MSHA be the only plan required by the director.
The bill permits the use of diesel generators underground under some circumstances.
The bill requires that AEDs be present on all surface mining operations.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
§22A-1-42 is new;
therefore, it has all been underscored.
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Action History

  1. Chapter 152, Acts, Regular Session, 2018

  2. Approved by Governor 3/27/18

  3. To Governor 3/20/18

  4. Approved by Governor 3/27/18 - House Journal

  5. Approved by Governor 3/27/18 - Senate Journal

  6. To Governor 3/20/18 - House Journal

  7. To Governor 3/20/18 - Senate Journal

  8. House received Senate message

  9. Completed legislative action

  10. Communicated to House

  11. Senate concurred in House amendments and passed bill (Roll No. 398)

  12. House Message received

  13. Communicated to Senate

  14. Passed House (Roll No. 389)

  15. Read 3rd time

  16. On 3rd reading, Special Calendar

  17. Committee amendment adopted (Voice vote)

  18. Read 2nd time

  19. On 2nd reading, Special Calendar

  20. Read 1st time

  21. On 1st reading, Special Calendar

  22. With amendment, do pass

  23. To House Judiciary

  24. With amendment, do pass, but first to Judiciary

  25. To House Energy

  26. To Energy then Judiciary

  27. Introduced in House

  28. Ordered to House

  29. Passed Senate (Roll No. 173)

  30. Read 3rd time

  31. On 3rd reading

  32. Read 2nd time

  33. On 2nd reading

  34. Read 1st time

  35. On 1st reading

  36. Reported do pass

  37. Originating in Senate Energy, Industry and Mining

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 93 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 65203
Republican 26000
Democrat 2200
Total 93403
% of votes cast 93%4%0%3%
How each member voted (100)
Member Party Vote
Evans, A. — Not Voting
Lane — Yea
Romine, C. — Yea
Romine, R. — Yea
Foster — Yea
Atkinson — Yea
Bates — Yea
Deem — Not Voting
Fast — Yea
Ferro — Yea
Folk — Yea
Longstreth — Yea
Love — Yea
Lynch — Yea
Marcum — Yea
Rowan — Yea
Shott — Yea
Sobonya — Yea
Blair — Yea
Martin — Yea
Maynard — Yea
Sypolt — Yea
Thompson — Yea
Hartman — Yea
Walters — Yea
Nelson — Yea
Diserio — Yea
Phillips — Yea
Speaker Armstead — Yea
Evans, E. — Yea
Byrd — Yea
Capito — Yea
Caputo — Yea
Cowles — Yea
Espinosa — Yea
Graves — Yea
Hamrick — Yea
Hicks — Yea
Higginbotham — Yea
Hill — Yea
Iaquinta — Yea
Kessinger — Yea
Moye — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pyles — Yea
Rodighiero — Yea
Upson — Yea
Wagner — Yea
Westfall — Yea
Ambler — Yea
Boggs — Yea
Brewer — Yea
Canestraro — Yea
Fleischauer — Nay
Frich — Yea
Harshbarger — Yea
Hollen — Yea
Householder — Yea
Isner — Yea
Lovejoy — Yea
Miley — Yea
Pethtel — Yea
Robinson — Yea
Rowe — Nay
Sponaugle — Not Voting
Storch — Yea
Summers — Yea
Wilson — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Stanley Adkins Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 34 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 31000
Republican 3000
Total 34000
% of votes cast 100%0%0%0%
How each member voted (34)
Member Party Vote
ARVON — Yea
GAUNCH — Yea
RUCKER — Yea
JEFFRIES — Yea
SMITH — Yea
BALDWIN — Yea
KARNES — Yea
STOLLINGS — Yea
BEACH — Yea
MANN — Yea
SWOPE — Yea
BLAIR — Yea
MARONEY — Yea
SYPOLT — Yea
BOLEY — Yea
MAYNARD — Yea
TAKUBO — Yea
BOSO — Yea
OJEDA — Yea
TRUMP — Yea
PALUMBO — Yea
UNGER — Yea
CLINE — Yea
PLYMALE — Yea
WELD — Yea
PREZIOSO — Yea
WOELFEL — Yea
FACEMIRE — Yea
ROMANO — Yea
MR PRESIDENT — Yea
FERNS — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 626?
SB 626 is sponsored by Randy E. Smith (Republican).
What is the current status of SB 626?
This bill has been enacted into law. Introduced February 19, 2018. Enacted.
Where can I track SB 626?
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