HB355 Mining and Critical Infrastructure Materials

Purpose of House Bill 355, Mining and Critical Infrastructure Materials Amendments
HB 355 updates rules about mining and using materials like sand, gravel, and rock that are important for building roads, buildings, and other infrastructure. It clarifies some definitions, explains what mining rights are already in place, and sets rules for expanding mining operations.

What does "critical infrastructure materials use" mean?
It means taking out or processing materials like sand, gravel, or rock for construction and roads.

What is a "vested use"?
A "vested" use is a mining operation already legally allowed, either because it has a valid permit or has been operating legally and hasn’t been shut down for more than two years.

What rights do these existing operators have?
If a company already has legal mining operations, it can:

• Expand onto nearby land they own or control before May 7, 2025.
  
• Increase production or change how they operate (for example, adding recycling or mixing concrete/asphalt).
  
• Take breaks from mining and start up again later.
  

What if they want to expand to new land?
The law assumes they can expand unless the local government proves it would harm public health or safety. The company must give written notice, and the local government has 30 days to hold a public meeting. The expansion can move forward without a strong reason to block it.

What if the government does find a problem with the expansion?
If officials believe the expansion would be dangerous, the company must submit a plan. The government has 90 days to show evidence and suggest ways to reduce the risk. A public hearing must be held within 30 days. The expansion can't be stopped if the company agrees to follow reasonable safety steps.

How does a company officially give up its mining rights?
They must file a written notice with the county recorder stating what part of the mining operation they’re giving up.

Can local governments still make rules about mining?
Only to a limited extent. Agencies can’t make rules that unfairly block or restrict mining in protected areas unless it’s clearly for public health or safety. They also can’t change these areas' zoning or land use rules without the written OK from the mining companies already operating there.