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HB 261 (BR 1178) - J. Gooch Jr.

     AN ACT relating to mining.
     Amend KRS 13B.020 to exempt explosives and blasting hearings conducted under KRS 351.315 to 351.375 from the requirements of KRS Chapter 13B; amend KRS 350.0301 to remove the requirement that proposed civil penalty amounts for suspected violations of surface coal mining and reclamation requirements be placed into an escrow account prior to a formal hearing; amend KRS 350.064 to remove the discretion of the Energy and Environment Cabinet to allow surface coal mining and reclamation permit applicants to submit their own reclamation bonds without separate sureties; amend KRS 350.070 to remove the ability to apply for a major revision to a permit in the event that an underground mining extension area is not on an incidental boundary and does not include planned subsidence; remove the maximum acreage allowance allowed to be added by an incidental boundary revision for underground mining operations; create a new section of KRS 350.240 to 350.280 to establish the requirements for a permit exemption for personal, noncommercial mining of vein minerals; amend KRS 350.300 to conform; amend KRS 350.518 to conform; amend KRS 350.990 to direct that civil penalties collected for violations of KRS Chapter 350 over $800,000 for a fiscal year be transferred to the Department for Natural Resources' Commissioner's Office restricted fund account to be used for the purposes set out in KRS Chapters 350, 351, and 352; amend KRS 351.090 to remove the reference to mine safety specialist qualifications required by KRS 351.060; amend KRS 351.182 to conform; amend KRS 351.315 to require that blasting license revocation hearings be held before the Energy and Environment Cabinet's Office of Administrative Hearings instead of being held under the requirements of KRS Chapter 13B; amend KRS 351.345 also to require that blasting license revocation hearings be held before the Energy and Environment Cabinet's Office of Administrative Hearings instead of being held under the requirements of KRS Chapter 13B; amend KRS 351.350 to require the Energy and Environment Cabinet's Office of General Counsel, instead of the Attorney General, to bring actions for recovery of penalties and restraining orders for violations of KRS 351.315 to 351.375; amend KRS 352.170 to add lighters and vaping apparatuses to the list of prohibited items in an underground mine; amend KRS 352.180 to change the reporting requirements to the Department for Natural Resources for mining accidents; repeal KRS 351.380.


AMENDMENTS

     HCS1 - Retain original provisions; clarify that the permit exemption for personal landowner use of vein minerals applies to the excavation of those minerals, as provided in Article II(a) of KRS 350.300.

     Jan 29, 2018 - introduced in House
     Jan 31, 2018 - to Natural Resources & Energy (H)
     Feb 05, 2018 - posted in committee
     Feb 16, 2018 - reported favorably, 1st reading, to Calendar with Committee Substitute (1)