Mississippi Department of Environmental Quality; remove the state geologist from certain surface mining provisions.

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To: Environment Prot, Cons
and Water Res
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Rhodes

SENATE BILL NO. 2760

AN ACT TO AMEND SECTION 49-2-7, MISSISSIPPI CODE OF 1972, TO 1
REMOVE THE REQUIREMENT THAT CHANGES TO A CONSOLIDATION PLAN 2
ADOPTED BY THE COMMISSION MUST BE APPROVED BY THE COMMISSION; TO 3
AMEND SECTION 53-7-5, MISSISSIPPI CODE OF 1972, TO REMOVE THE 4
OFFICE OF GEOLOGY AND ENERGY RESOURCES OR ITS SUCCESSOR OFFICE 5
FROM THE DEFINITION OF DEPARTMENT; TO AMEND SECTION 53-7-41, 6
MISSISSIPPI CODE OF 1972, TO ALLOW THE HEAD OF THE OFFICE OF 7
GEOLOGY AND ENERGY RESOURCES TO PARTICIPATE IN CERTAIN ACTIONS 8
TAKEN BY THE PERMIT BOARD; TO EXPAND THE POWERS OF THE EXECUTIVE 9
DIRECTOR FOR CERTAIN ACTIONS; TO AMEND SECTION 53-9-7, MISSISSIPPI 10
CODE OF 1972, TO REMOVE THE DEFINITION FOR STATE GEOLOGIST; TO 11
AMEND SECTION 53-9-31, MISSISSIPPI CODE OF 1972, TO STIPULATE THAT 12
THE AMOUNT OF BOND SHALL BE DETERMINED BY THE PERMIT BOARD AFTER 13
CONSULTATION WITH ONLY THE DEPARTMENT; TO AMEND SECTION 53-9-32, 14
MISSISSIPPI CODE OF 1972, TO REQUIRE THE STAFF OF THE DEPARTMENT 15
TO PREPARE A BRIEF UPON RECEIPT OF A COMPLETE APPLICATION FOR A 16
SURFACE COAL MINING AND RECLAMATION OPERATION; TO AMEND SECTION 17
53-9-33, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO 18
MAKE AN ASSESSMENT OF CERTAIN CONDITIONS PRIOR TO ISSUING A PERMIT 19
OR MODIFICATION; TO AMEND SECTION 53-9-69, MISSISSIPPI CODE OF 20
1972, TO GRANT THE EXECUTIVE DIRECTOR OR HIS OR HER DESIGNEE SOLE 21
AUTHORITY TO INVESTIGATE VIOLATIONS; TO AMEND SECTION 53-9-71, 22
MISSISSIPPI CODE OF 1972, TO STIPULATE THAT THE STAFF OF THE 23
DEPARTMENT SHALL BE RESPONSIBLE FOR SURFACE COAL MINING LANDS 24
REVIEW; TO AMEND SECTION 53-9-83, MISSISSIPPI CODE OF 1972, TO 25
REQUIRE THE STAFF OF THE DEPARTMENT TO CONSULT WITH SURFACE OWNERS 26
WHOSE LAND IS PROPOSED TO BE INCLUDED IN LEASING TRACTS; TO AMEND 27
SECTION 53-9-105, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 28
DEPARTMENT TO ESTABLISH AND MAINTAIN A STATE RECLAMATION PROGRAM 29
FOR ABANDONED MINES; TO AMEND SECTIONS 57-21-9 AND 7-5-25, 30
MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. 31
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 32
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SECTION 1. Section 49-2-7, Mississippi Code of 1972, is 33
amended as follows: 34
49-2-7. The Department of Environmental Quality shall be the 35
Mississippi Department of Natural Resources with the exception of 36
the Office of Parks and Recreation, and shall retain all powers 37
and duties granted by law to the Mississippi Department of Natural 38
Resources with the exception of the Office of Parks and 39
Recreation, and wherever the term "Mississippi Department of 40
Natural Resources" appears in any law the same shall mean the 41
Department of Environmental Quality. The Executive Director of 42
the Department of Environmental Quality may assign to the 43
appropriate offices any powers and duties deemed appropriate to 44
carry out the lawful duties of the department. 45
The department shall be composed of the following offices: 46
(a) Office of Geology and Energy Resources; 47
(b) Office of Land and Water Resources; and 48
(c) Office of Pollution Control. 49
Each office shall be composed of the administrative units set 50
forth in the consolidation plan adopted by the commission, subject 51
to changes by the executive director * * *. 52
The department is designated as the single state department 53
to receive and expend any federal funds being received or expended 54
by any agency transferred to the department by Chapter 484, Laws 55
of 1978, and to receive and expend any federal funds made 56
available for matters within the jurisdiction of the department. 57
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The department shall be responsible for conserving, managing, 58
developing and protecting the natural resources of the State of 59
Mississippi within the jurisdiction of the department, with the 60
exception of functions of the Office of Recreation and Parks. The 61
department shall coordinate all functions of state government 62
related to natural resources within the jurisdiction of the 63
department. The department shall not exercise any of its 64
authority or powers granted under the provisions of this section 65
in a manner which would be inconsistent with the provisions of 66
Section 29-1-1. 67
SECTION 2. Section 53-7-5, Mississippi Code of 1972, is 68
amended as follows: 69
53-7-5. For the purposes of this chapter, the following 70
terms shall have the meanings ascribed in this section, except 71
where the context otherwise requires: 72
(a) "Affected area" means any area from which any 73
materials are removed or are to be removed in a surface mining 74
operation and upon which any materials are to be deposited. The 75
affected area includes all areas affected by the construction of 76
new roads, or the improvement or use of existing roads other than 77
public roads to gain access and to haul materials. 78
(b) "Appeal" means an appeal to an appropriate court of 79
the state taken from a final decision of the Permit Board or 80
commission made after a formal hearing before that body. 81
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(c) "As recorded in the minutes of the Permit Board" 82
means the date of the Permit Board meeting at which the action 83
concerned is taken by the Permit Board. 84
(d) "Commission" means the Mississippi Commission on 85
Environmental Quality. 86
(e) "Department" means the Mississippi Department of 87
Environmental Quality * * *. 88
(f) "Executive director" means the Executive Director 89
of the Mississippi Department of Environmental Quality. 90
(g) "Exploration activity" means the disturbance of the 91
surface or subsurface for the purpose of determining the location, 92
quantity or quality of a deposit of any material, except the 93
drilling of test holes or core holes of twelve (12) inches or less 94
in diameter. 95
(h) "Formal hearing" means a hearing on the record, as 96
recorded and transcribed by a court reporter, before the 97
commission or Permit Board where all parties to the hearing are 98
allowed to present witnesses, cross-examine witnesses and present 99
evidence for inclusion into the record, as appropriate under rules 100
promulgated by the commission or Permit Board. 101
(i) "Fund" means the Surface Mining and Reclamation 102
Fund created by Section 53-7-69. 103
(j) "General permit" means general permit as defined in 104
Section 49-17-5. 105
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(k) "Highwall" means a wall created by mining having a 106
slope steeper than two (2) to one (1). 107
(l) "Interested party" means interested party as 108
provided under Section 49-17-29. 109
(m) "Material" means bentonite, metallic ore, mineral 110
clay, dolomite, phosphate, sand, gravel, soil, clay, sand clay, 111
clay gravel, stone, chalk, and any other materials designated by 112
the commission. 113
(n) "Nearest approximate original contour" means that 114
surface configuration achieved by backfilling and grading of the 115
surface-mined area so that it substantially resembles the surface 116
configuration of the land before mining and blends into and 117
complements the drainage pattern of the surrounding terrain, with 118
all highwalls, spoil piles and water-collecting depressions 119
eliminated, to the extent practicable, unless contained in an 120
approved reclamation plan. 121
(o) "Operator" means the person that is to engage or 122
that is engaged in a surface mining operation, whether on a 123
permanent, continuous basis, or for a limited period of time and 124
for a specific or ancillary purpose, including any person whose 125
permit or coverage under a general permit has expired or been 126
suspended or revoked. 127
(p) "Overburden" means all materials which are removed 128
to gain access to other materials in the process of surface 129
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mining, including the material before or after its removal by 130
surface mining. 131
(q) "Permit" means a permit to conduct surface mining 132
and reclamation operations under this chapter. 133
(r) "Permit area" means all the area designated in the 134
permit application or application for coverage under a general 135
permit and shall include all land affected by the surface mining 136
operations during the term of the permit and may include any 137
contiguous area which the operator proposes to surface mine 138
thereafter. 139
(s) "Permit Board" means the Permit Board created by 140
Section 49-17-28. 141
(t) "Person" means any individual, trust, firm, 142
joint-stock company, public or private corporation, joint venture, 143
partnership, association, cooperative, state, or any agency or 144
institution thereof, municipality, commission, political 145
subdivision of a state or any interstate body, and includes any 146
officer or governing or managing body of any municipality, 147
political subdivision, or the United States or any officer or 148
employee of the United States. 149
(u) "Public hearing" means a public forum organized by 150
the commission, department or Permit Board for the purpose of 151
providing information to the public regarding a surface mining and 152
reclamation operation and at which members of the public are 153
allowed to make comments or ask questions or both of the 154
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commission, department or the Permit Board regarding a proposed 155
operation or permit. 156
(v) "Reclamation" means work necessary to restore an 157
area of land affected by surface mining to a useful, productive 158
and beneficial purpose, the entire process being designed to 159
restore the land to a useful, productive and beneficial purpose, 160
suitable and amenable to surrounding land and consistent with 161
local environmental conditions in accordance with the standards 162
set forth in this chapter. 163
(w) "State" means the State of Mississippi. 164
(x) "Spoil pile" means the overburden and other mined 165
waste material as it is piled or deposited in the process of 166
surface mining. 167
(y) "Surface mining" or "mining" means the extraction 168
of materials from the ground or water or from waste or stock piles 169
or from pits or banks or natural occurrences by methods including, 170
but not limited to, strip drift, open pit, contour or auger 171
mining, dredging, placering, quarrying and leaching, and 172
activities related thereto, which will alter the surface. 173
(z) "Surface mining operation" or "operation" means the 174
activities conducted at a mining site, including extraction, 175
storage, processing and shipping of materials and reclamation of 176
the affected area. This term does not include the following: the 177
dredging and removal of oyster shells from navigable bodies of 178
water; the dredging and removal of any materials from the bed of 179
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navigable streams, when the activity is regulated and permitted 180
under an individual permit by the United States Corps of 181
Engineers; the extraction of hydrocarbons in a liquid or gaseous 182
state by means of wells, pipe, or other on-site methods; the 183
off-site transportation of materials; exploration activities; 184
construction activities at a construction site; or any other 185
exception adopted by the commission in its regulations. 186
(aa) "Topsoil" means the organic or inorganic matter 187
naturally present on the surface of the earth which has been 188
subjected to and influenced by genetic and environmental factors 189
of parent material, climate, macroorganisms and microorganisms, 190
and topography, all acting over a period of time, and that is 191
necessary for the growth and regeneration of vegetation on the 192
surface of the earth. 193
(bb) "Toxic material" means any substance present in 194
sufficient concentration or amount to cause significant injury or 195
illness to plant, animal, aquatic or human life. 196
SECTION 3. Section 53-7-41, Mississippi Code of 1972, is 197
amended as follows: 198
53-7-41. (1) The Permit Board, based upon the provisions of 199
this chapter, may issue, reissue, deny, modify, revoke, cancel, 200
rescind, suspend or transfer a permit for a surface mining 201
operation. * * * 202
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(2) The Permit Board shall issue a permit if the Permit 203
Board determines that the applicant and completed application 204
comply with the requirements of this chapter. 205
(3) The Permit Board may deny a permit if: 206
(a) The Permit Board finds that the reclamation as 207
required by this chapter cannot be accomplished by means of the 208
proposed reclamation plan; 209
(b) Any part of the proposed operation lies within an 210
area designated as unsuitable for surface mining as designated by 211
Section 53-7-49 or 53-7-51; 212
(c) The Permit Board finds that the proposed mining 213
operation will cause pollution of any water of the state or of the 214
ambient air of the state in violation of applicable state and 215
federal laws and regulations; 216
(d) The applicant has had any other permit issued under 217
this chapter revoked, or any bond or deposit posted to comply with 218
this chapter forfeited, and the conditions causing the permit to 219
be revoked or the bond or deposit to be forfeited have not been 220
corrected to the satisfaction of the Permit Board; 221
(e) The Permit Board determines that the proposed 222
operation will endanger the health and safety of the public or 223
will create imminent environmental harm; 224
(f) The operation will likely adversely affect any 225
public highway or road unless the operation is intended to 226
stabilize or repair the public road or highway; or 227
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(g) The applicant is unable to meet the public 228
liability insurance or performance bonding requirements of this 229
chapter. 230
(4) The Permit Board shall deny a permit if the Permit Board 231
finds by clear and convincing evidence on the basis of the 232
information contained in the permit application or obtained by 233
on-site inspection that the proposed operation cannot comply with 234
this chapter or rules and regulations adopted under this chapter 235
or that the proposed method of operation, road system 236
construction, shaping or revegetation of the affected area cannot 237
be carried out in a manner consistent with this chapter and 238
applicable state and federal laws, rules and regulations. 239
(5) The Permit Board may hold a public hearing to obtain 240
comments from the public on its proposed action. If the Permit 241
Board holds a public hearing, the Permit Board shall publish 242
notice and conduct the hearing as provided in Section 49-17-29. 243
(6) The Permit Board may authorize the executive director, 244
under any conditions the Permit Board may prescribe, to make 245
decisions on permit issuance, reissuance, modification, transfer, 246
rescission or cancellation and on applications for the release of 247
a performance bond or deposit under this chapter. A decision by 248
the executive director is a decision of the Permit Board and shall 249
be subject to formal hearing and appeal as provided in Section 250
49-17-29. The executive director shall report all permit 251
decisions and bond releases to the Permit Board at its next 252
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regularly scheduled meeting and those decisions shall be deemed as 253
recorded in the minutes of the Permit Board at that time. 254
(7) The Permit Board may cancel a permit at the request of 255
the operator, if the operator does not commence operations under 256
the permit by stripping, grubbing or mining any part of the permit 257
area. The Permit Board may rescind a permit, if, because of a 258
change in post-mining use of the land by the landowner, the 259
completion of the approved reclamation plan by the operator is no 260
longer feasible. If a permit is canceled or rescinded, the 261
remaining portion of the bond or deposit required under Section 262
53-7-37 shall be returned to the operator as soon as possible. 263
SECTION 4. Section 53-9-7, Mississippi Code of 1972, is 264
amended as follows: 265
53-9-7. For the purposes of this chapter, the following 266
terms shall have the meaning ascribed in this section unless the 267
context requires otherwise: 268
(a) "Abandoned mine lands" means lands and waters 269
affected by the mining or processing of coal before August 3, 270
1977, or affected by the mining or processing of noncoal minerals, 271
including, but not limited to, sand, gravel, clay and soil, before 272
August 3, 1977, and abandoned or left in either an unreclaimed or 273
inadequately reclaimed condition, and for which there is no 274
continuing reclamation responsibility required under state or 275
federal law, and which continue in the present condition 276
substantially to degrade the quality of the environment, to 277
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prevent or damage the beneficial use of land or water resources, 278
or to endanger the health or safety of the public. Abandoned mine 279
lands also means those lands and waters described by 30 USC 280
1232(g)(4), 30 USC 1233(b)(1) and 30 USC 1239. 281
(b) "Appeal" means an appeal to an appropriate court of 282
the state taken from a final decision of the Permit Board or 283
commission made after a formal hearing before that body. 284
(c) "Approximate original contour" means that surface 285
configuration achieved by backfilling and grading of the mined 286
area so that the reclaimed area, including any terracing or access 287
roads, closely resembles the general surface configuration of the 288
land before mining and blends into and complements the drainage 289
pattern of the surrounding terrain, with all highwalls and spoil 290
piles eliminated. Water impoundments may be allowed if the Permit 291
Board determines that the impoundments are in compliance with 292
Section 53-9-45(2)(g). 293
(d) "As recorded in the minutes of the Permit Board" 294
means the date of the Permit Board meeting at which the action 295
concerned is taken by the Permit Board. 296
(e) "Coal" means combustible carbonaceous rock, 297
classified as anthracite, bituminous, subbituminous, or lignite by 298
the American Society of Testing and Materials. 299
(f) "Commission" means the Mississippi Commission on 300
Environmental Quality. 301
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(g) "Department" means the Mississippi Department of 302
Environmental Quality. 303
(h) "Executive director" means the executive director 304
of the department. 305
(i) "Exploration operations" means the disturbance of 306
the surface or subsurface before surface coal mining and 307
reclamation operations begin for the purpose of determining the 308
location, quantity or quality of a coal deposit, and the gathering 309
of environmental data to establish the conditions of the area 310
before the beginning of surface coal mining and reclamation 311
operations. 312
(j) "Federal act" means the Surface Mining Control and 313
Reclamation Act of 1977, as amended, which is codified as Section 314
1201 et seq. of Title 30 of the United States Code. 315
(k) "Formal hearing" means a hearing on the record, as 316
recorded and transcribed by a court reporter, before the 317
commission or Permit Board where all parties to the hearing are 318
allowed to present witnesses, cross-examine witnesses and present 319
evidence for inclusion into the record, as appropriate under rules 320
promulgated by the commission or Permit Board. 321
(l) "Imminent danger to health and safety of the 322
public" means the existence of any condition or practice, or any 323
violation of a permit or other requirement of this chapter, in a 324
surface coal mining and reclamation operation, which could 325
reasonably be expected to cause substantial physical harm to 326
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persons outside the permit area before that condition, practice or 327
violation can be abated. A reasonable expectation of death or 328
serious injury before abatement exists if a rational person 329
subjected to the same conditions or practices giving rise to the 330
peril would not expose himself or herself to the danger during the 331
time necessary for abatement. 332
(m) "Interested party" means any person claiming an 333
interest relating to the surface coal mining operation and who is 334
so situated that the person may be affected by that operation, or 335
in the matter of regulations promulgated by the commission, any 336
person who is so situated that the person may be affected by the 337
action. 338
(n) "Lignite" means consolidated lignite coal having 339
less than eight thousand three hundred (8,300) British thermal 340
units per pound, moist and mineral matter free. 341
(o) "Operator" means any person engaged in coal mining 342
who removes or intends to remove more than two hundred fifty (250) 343
tons of coal from the earth by coal mining within twelve (12) 344
consecutive calendar months in any one (1) location. 345
(p) "Permit" means a permit to conduct surface coal 346
mining and reclamation operations issued under this chapter. 347
(q) "Permit area" means the area of land indicated on 348
the approved map submitted by the operator with the permit 349
application which area of land shall be covered by the operator's 350
performance bond. 351
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(r) "Permit Board" means the Permit Board created under 352
Section 49-17-28. 353
(s) "Person" means an individual, partnership, 354
association, society, joint venture, joint-stock company, firm, 355
company, corporation, cooperative or other business organization 356
and any agency, unit or instrumentality of federal, state or local 357
government, including any publicly owned utility or publicly owned 358
corporation. 359
(t) "Prime farmland" means that farmland as defined by 360
the United States Secretary of Agriculture on the basis of factors 361
such as moisture availability, temperature regime, chemical 362
balance, permeability, surface layer composition, susceptibility 363
to flooding and erosion characteristics, and which historically 364
have been used for intensive agricultural purposes, and as 365
published in the federal register. 366
(u) "Public hearing," "informal hearing" or "public 367
meeting" means a public forum organized by the commission, 368
department or Permit Board for the purpose of providing 369
information to the public regarding a surface coal mining and 370
reclamation operation or regulations proposed by the commission 371
and at which members of the public are allowed to make comments or 372
ask questions or both of the commission, department or the Permit 373
Board. 374
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(v) "Reclamation plan" means a plan submitted by an 375
applicant for a permit which sets forth a plan for reclamation of 376
the proposed surface coal mining operations under this chapter. 377
(w) "Revision" means any change to the permit or 378
reclamation plan that does not significantly change the effect of 379
the mining operation on either those persons impacted by the 380
permitted operations or on the environment, including, but not 381
limited to, incidental boundary changes to the permit area or a 382
departure from or change within the permit area, incidental 383
changes in the mining method or incidental changes in the 384
reclamation plan. 385
(x) "Secretary" means the Secretary of the United 386
States Department of Interior. 387
(y) "State" means the State of Mississippi. 388
* * * 389
( * * *z) "State reclamation program" means the 390
Mississippi program for abandoned mine reclamation provided for in 391
this chapter. 392
( * * *aa) "Surface coal mining and reclamation 393
operations" means surface coal mining operations and all 394
activities necessary and incident to the reclamation of those 395
operations. 396
( * * *bb) "Surface coal mining operations" means: 397
(i) Activities conducted on the surface and 398
immediate subsurface of lands in connection with a surface coal 399
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mine, surface operations and surface impacts incident to an 400
underground coal mine, the products of which enter commerce or the 401
operations of which directly or indirectly affect commerce. These 402
activities include, but are not limited to: 403
(A) Excavation for the purpose of obtaining 404
coal, including common methods such as contour, strip, auger, 405
mountaintop removal, boxcut, open pit and area mining; 406
(B) The use of explosives and blasting, in 407
situ distillation or retorting, leaching or other chemical or 408
physical processing; and 409
(C) The cleaning, concentrating or other 410
processing or preparation, and the loading of coal for commerce at 411
or near the mine site. 412
These activities do not include exploration operations 413
subject to Section 53-9-41. 414
(ii) Areas upon which the activities occur or 415
where the activities disturb the natural land surface. These 416
areas shall also include, but are not limited to: 417
(A) Any adjacent land the use of which is 418
incidental to any activities; 419
(B) All lands affected by the construction of 420
new roads or the improvement or use of existing roads to gain 421
access to the site of any activities and for haulage; 422
(C) All lands affected by excavations, 423
workings, impoundments, dams, ventilation shafts, entryways, 424
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refuse banks, dumps, stockpiles, overburden piles, spoil banks, 425
culm banks, tailings, holes or depressions, repair areas, storage 426
areas, processing areas, shipping areas and other areas upon which 427
are sited structures, facilities or other property or materials on 428
the surface resulting from or incident to the activities. 429
( * * *cc) "Unwarranted failure to comply" means the 430
failure of a permittee to prevent or abate the occurrence of any 431
violation of a permit, this chapter or any regulation promulgated 432
under this chapter due to indifference, lack of diligence or lack 433
of reasonable care. 434
SECTION 5. Section 53-9-31, Mississippi Code of 1972, is 435
amended as follows: 436
53-9-31. (1) The applicant shall file with the department, 437
in the manner and form as required by the commission, a bond for 438
performance payable to the commission and conditional upon 439
faithful performance of the requirements of this chapter and the 440
permit. The bond shall be filed before the issuance of a permit. 441
The bond shall cover that area of land within the permit area upon 442
which the operator will initiate and conduct surface coal mining 443
and reclamation operations within the initial term of the permit. 444
The permit area shall be readily identifiable by appropriate marks 445
on the site. As succeeding increments of surface coal mining and 446
reclamation operations are to be initiated and conducted within 447
the permit area, the permittee shall file with the department an 448
additional bond or bonds to cover those increments in accordance 449
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with this section. The amount of the bond required for each 450
bonded area shall depend upon the reclamation requirements of the 451
permit and shall reflect the probable difficulty of reclamation, 452
giving consideration to factors such as topography, geology of the 453
site, hydrology and revegetation potential. The amount of the 454
bond shall be determined by the Permit Board after consultation 455
with the * * * department. The amount of the bond shall be 456
sufficient to assure the completion of the reclamation plan if the 457
work had to be performed by the department in the event of 458
forfeiture, and in no case shall the bond for the entire area 459
under one (1) permit be less than Ten Thousand Dollars 460
($10,000.00). 461
(2) Liability under the bond shall be for the duration of 462
the surface coal mining and reclamation operation and for a period 463
which coincides with the operator's responsibility for 464
revegetation requirements in regulations promulgated under Section 465
53-9-45. The bond shall be executed by the operator and a 466
corporate surety licensed to do business in this state. The 467
operator may elect to deposit the following in lieu of the surety 468
bond: cash, negotiable bonds of the United States government or 469
the state, or negotiable certificates of deposit or a letter of 470
credit of any bank organized or transacting business in the state 471
and insured by the Federal Deposit Insurance Corporation or the 472
Federal Savings and Loan Insurance Corporation or a similar 473
federal banking or savings and loan insurance organization. The 474
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cash deposit or market value of the securities shall be equal to 475
or greater than the amount of the bond required for the bonded 476
area. 477
(3) In accordance with any conditions established by the 478
commission in regulations promulgated under this chapter, the 479
Permit Board may accept the bond of the applicant itself without 480
separate surety if the applicant demonstrates to the satisfaction 481
of the Permit Board the existence of a suitable agent to receive 482
service of process, a history of financial solvency and continuous 483
operation sufficient for authorization to self-insure or bond that 484
amount. 485
(4) Cash, negotiable bonds, negotiable certificates of 486
deposit, letters of credit or securities deposited as provided in 487
subsection (2) of this section shall be deposited on the same 488
terms upon which surety bonds may be deposited. 489
(5) The amount of the financial assurance required and the 490
terms of each acceptance of the applicant's financial assurance 491
shall be adjusted by the Permit Board from time to time as 492
affected land acreages are increased or decreased or where the 493
cost of future reclamation changes. 494
SECTION 6. Section 53-9-32, Mississippi Code of 1972, is 495
amended as follows: 496
53-9-32. Upon receipt of a complete application for a 497
surface coal mining and reclamation operation, the * * * staff of 498
the department shall prepare a brief written summary of the 499
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proposed operation and reclamation. This summary shall be written 500
in language understandable to the general public and shall be made 501
available to the public at the department and at each location 502
where the applicant is required to place a copy of the application 503
for public inspection. 504
SECTION 7. Section 53-9-33, Mississippi Code of 1972, is 505
amended as follows: 506
53-9-33. (1) Upon the basis of a complete application for 507
permit or a complete application for modification or reissuance of 508
a permit, including public notification and an opportunity for 509
public hearing as required by Section 53-9-37, the Permit Board 510
shall issue, deny or modify the permit within the time required 511
under Section 53-9-37 and shall notify the applicant in writing of 512
its action within the time required under Section 53-9-39. The 513
applicant for a permit or modification of a permit shall have the 514
burden of establishing that its complete application is in 515
compliance with the requirements of this chapter and regulations 516
promulgated under this chapter. The action of the Permit Board 517
shall be effective upon the initial decision by the Permit Board 518
as recorded in the minutes of the Permit Board. 519
(2) No permit or modification shall be issued or granted 520
unless the application affirmatively demonstrates, and the Permit 521
Board finds in writing on the basis of the information set forth 522
in the application or from information otherwise available which 523
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shall be documented in the written findings of the Permit Board 524
and made available to the applicant, that: 525
(a) The permit application is accurate and complete, 526
and the applicant and application have complied with all 527
requirements of this chapter and the regulations promulgated under 528
this chapter; 529
(b) The applicant has demonstrated that reclamation as 530
required by this chapter and the regulations promulgated under 531
this chapter can be accomplished under the reclamation plan 532
contained in the permit application; 533
(c) The assessment of the probable cumulative impact of 534
all anticipated mining in the area on the hydrologic balance as 535
specified in Section 53-9-25, has been made by the * * * 536
department and the proposed operation has been designed to prevent 537
material damage to hydrologic balance outside the permit area; 538
(d) The area proposed to be mined is not included 539
within an area designated unsuitable for surface coal mining under 540
Section 53-9-71, or is not within an area that is the subject of 541
an administrative proceeding for that designation commenced under 542
Section 53-9-71; and 543
(e) If the private coal estate has been severed from 544
the private surface estate, the applicant shall have submitted to 545
the Permit Board: 546
(i) The written consent of the surface owners to 547
the extraction of coal by surface mining methods; or 548
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(ii) A conveyance that expressly grants or 549
reserves the right to extract the coal by surface mining methods. 550
Any determination made by the Permit Board under paragraph 551
(e) of this subsection shall not be construed as an adjudication 552
of property rights. 553
(3) If the area proposed to be mined contains prime farmland 554
the Permit Board shall issue a permit to mine on prime farmland if 555
the Permit Board finds in writing that the operator has satisfied 556
the requirements of subsection (2) of this section and has the 557
technological capability to restore the mined area within a 558
reasonable time to equivalent or higher levels of yield as 559
nonmined prime farmland in the surrounding area under equivalent 560
levels of management and can meet the soil reconstruction 561
standards in the regulations promulgated under Section 53-9-45. 562
(4) No transfer, assignment or sale of the rights granted 563
under any permit issued under this chapter shall be made without 564
approval of the Permit Board. 565
(5) The Permit Board shall, within a period of time 566
established in regulations promulgated by the commission, review 567
outstanding permits and may require reasonable modification of the 568
permit provisions during the term of that permit. Any 569
modification shall be based upon a written finding and subject to 570
notice and hearing requirements established by this chapter and 571
regulations promulgated under this chapter. 572
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SECTION 8. Section 53-9-69, Mississippi Code of 1972, is 573
amended as follows: 574
53-9-69. (1) (a) When, on the basis of any information 575
available, including receipt of information from any person, the 576
executive director or * * * the executive director's designee has 577
reason to believe that any person is in violation of this chapter, 578
any regulation or written order of the commission issued or 579
promulgated under this chapter or any condition of a permit, the 580
executive director or * * * the executive director's designee 581
shall immediately order inspection of the surface coal mining 582
operation at which the alleged violation is occurring unless the 583
information available is a result of a previous inspection of the 584
surface coal mining operation. When the inspection results from 585
information provided to the executive director * * * by any person 586
who is not an employee of the department, the executive director 587
or * * * the executive director's designee shall notify the person 588
when the inspection is proposed to be carried out and the person 589
shall be allowed to accompany the inspector during the inspection. 590
(b) When, on the basis of any inspection, the 591
executive director or the executive director's authorized 592
representative determines that any condition or practices exist or 593
that any permittee is in violation of this chapter or any 594
regulation or written order of the commission promulgated or 595
issued under this chapter or any condition of a permit and the 596
condition, practice or violation also creates an imminent danger 597
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to the health and safety of the public, or is causing or can 598
reasonably be expected to cause significant imminent environmental 599
harm to land, air or water resources, the executive director or 600
the executive director's authorized representative shall 601
immediately order a cessation of surface coal mining and 602
reclamation operations or the portion of those operations relevant 603
to the condition, practice or violation. The cessation order 604
shall remain in effect until the executive director or the 605
executive director's authorized representative determines that the 606
condition, practice or violation has been abated or until the 607
order is modified, vacated or terminated by the executive director 608
or the executive director's authorized representative. 609
If the commission, executive director or the executive director's 610
authorized representative finds that the ordered cessation of 611
surface coal mining and reclamation operations, or any portion of 612
those operations shall not completely abate the imminent danger to 613
health or safety of the public or the significant imminent 614
environmental harm to land, air or water resources, the 615
commission, executive director or the executive director's 616
authorized representative shall, in addition to the cessation 617
order, impose obligations on the operator requiring the operator 618
to take whatever steps the commission, executive director or the 619
executive director's authorized representative deems necessary to 620
abate the imminent danger or the significant environmental harm. 621
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(c) (i) When, on the basis of an inspection, the 622
executive director or the executive director's authorized 623
representative determines that any permittee is in violation of 624
this chapter, any regulation or written order of the commission 625
promulgated or issued under this chapter or any condition of a 626
permit but that violation does not create an imminent danger to 627
the health and safety of the public or cannot be reasonably 628
expected to cause significant imminent environmental harm to land, 629
air or water resources, the commission, executive director or the 630
executive director's authorized representative shall issue an 631
order to the permittee or agent of the permittee setting a 632
reasonable time of not more than ninety (90) days for the 633
abatement of the violation and if deemed necessary by the 634
commission, executive director or the executive director's 635
authorized representative ordering an immediate cessation of 636
activities violating or resulting in the violation of this 637
chapter, the regulations promulgated under this chapter or any 638
condition or limitation of a permit. 639
(ii) If, upon expiration of the period of time as 640
originally fixed or subsequently extended, for good cause shown 641
and upon the written finding of the commission, the executive 642
director or the executive director's authorized representative 643
finds that the violation has not been abated, the commission, the 644
executive director or the executive director's authorized 645
representative shall immediately order a cessation of surface coal 646
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mining and reclamation operations or the portion of those 647
operations relevant to the violation. The cessation order shall 648
remain in effect until the commission, the executive director or 649
the executive director's authorized representative determines that 650
the violation has been abated or until that order is modified, 651
vacated or terminated by the commission, the executive director or 652
the executive director's authorized representative. In the 653
cessation order issued by the commission, the executive director 654
or the executive director's authorized representative, the 655
commission, the executive director or the executive director's 656
authorized representative shall determine the steps necessary to 657
abate the violation in the most expeditious manner possible, and 658
shall include measures in the order necessary to achieve that 659
abatement. 660
(d) When, on the basis of an inspection, the executive 661
director has reason to believe that a pattern of violations of 662
this chapter, any regulation promulgated under this chapter or any 663
condition of a permit exists or has existed, and if the executive 664
director also finds that the violations are caused by the 665
unwarranted failure of the permittee to comply with this chapter, 666
any regulation promulgated under this chapter or any condition of 667
a permit, or that the violations are willfully caused by the 668
permittee, the executive director shall issue an order to the 669
permittee to show cause as to why the permit should not be 670
suspended or revoked by the Permit Board. Upon the permittee's 671
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failure to show cause to the satisfaction of the executive 672
director or the executive director's authorized representative as 673
to why the permit should not be suspended or revoked, the 674
executive director or the executive director's authorized 675
representative shall present this information to the Permit Board 676
and request that the Permit Board suspend or revoke the permit. 677
The Permit Board shall decide the executive director's request 678
under the procedures of Section 49-17-29(4) and (5). Any request 679
by an interested party for a formal hearing regarding the Permit 680
Board's initial decision on suspension or revocation of the permit 681
or any appeal of the final decision following the formal hearing 682
by any person who participated as a party in the formal hearing 683
may be taken as provided under Section 49-17-29(4) and (5). 684
(e) The permittee or other interested party may request 685
a formal hearing concerning an order of the commission issued 686
under paragraph (b) or (c) of this subsection as provided under 687
Section 49-17-41. 688
(2) (a) The commission may institute a civil action for 689
relief, including a permanent or temporary injunction or any other 690
appropriate order, in the chancery court of the county or judicial 691
district in which the surface coal mining and reclamation 692
operation is located, in which the permittee has its principal 693
office, or in the First Judicial District of Hinds County when the 694
permittee or its agent: 695
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(i) Violates or fails or refuses to comply with 696
any permit, order or decision issued by the Permit Board or 697
commission under this chapter; 698
(ii) Interferes with, hinders or delays the 699
commission, Permit Board, department, executive director or any 700
authorized representative of the executive director in carrying 701
out this chapter; 702
(iii) Refuses to admit any authorized 703
representative of the executive director, commission, Permit Board 704
or department to the mine; 705
(iv) Refuses to permit inspection of the mine by 706
that authorized representative; 707
(v) Refuses to furnish any information or report 708
requested by the commission, Permit Board or department in 709
furtherance of this chapter; or 710
(vi) Refuses to permit access to and copying of 711
any records as the commission, Permit Board or department 712
determines necessary in carrying out this chapter. 713
(b) The court shall have jurisdiction to provide any 714
relief as may be appropriate. Preliminary injunctions shall be 715
issued in accordance with state law. The commission may obtain 716
mandatory or prohibitory injunctive relief, either temporary or 717
permanent, and in cases of imminent and substantial hazard or 718
endangerment to the environment or public health, it is not 719
necessary that the commission plead or prove: (i) that 720
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irreparable damage would result if the injunction did not issue; 721
(ii) that there is no adequate remedy at law; or (iii) that a 722
written complaint or commission order has first been issued for 723
the alleged violation. Any relief granted by the court to enforce 724
an order under subsection 2(a)(i) of this section shall continue 725
in effect until the completion or final termination of all 726
proceedings for review of that order under this chapter unless, 727
before that time, the court granting the relief sets it aside or 728
modifies it. 729
(3) Nothing in this section shall be construed to eliminate 730
any additional enforcement rights or procedures which are 731
available under state law to a state agency but which are not 732
specifically stated in this section. 733
(4) When an order is issued under this section, or as a 734
result of any administrative proceeding under this chapter, at the 735
request of any person, a sum equal to the aggregate amount of all 736
costs and expenses, including attorney's fees, as determined by 737
the commission to have been reasonably incurred by that person for 738
or in conjunction with that person's participation in the 739
proceedings, including any judicial review of agency actions, may 740
be assessed against either party as the court, resulting from 741
judicial review, or the commission, resulting from administrative 742
proceedings deems proper. 743
SECTION 9. Section 53-9-71, Mississippi Code of 1972, is 744
amended as follows: 745
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53-9-71. (1) (a) The commission shall establish a planning 746
process enabling objective decisions based upon competent and 747
scientifically sound data and information as to which, if any, 748
land areas of the state are unsuitable for all or certain types of 749
surface coal mining operations under the standards set forth in 750
paragraphs (b) and (c) of this subsection. Surface coal mining 751
and reclamation permits may be issued before completion of the 752
planning process. That designation shall not prevent the mineral 753
exploration under this chapter of any area designated as 754
unsuitable. 755
(b) Upon petition under subsection (2) of this section, 756
the commission shall designate an area as unsuitable for all or 757
certain types of surface coal mining operations if the commission 758
determines that reclamation under this chapter is not 759
technologically and economically feasible. 760
(c) Upon petition under subsection (2) of this section, 761
a surface area may be designated unsuitable for certain types of 762
surface coal mining operations if the operations will: 763
(i) Be incompatible with existing state or local 764
land-use plans or programs; 765
(ii) Affect fragile or historic lands in which 766
those operations could result in significant damage to important 767
historic, cultural, scientific and aesthetic values and natural 768
systems; 769
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(iii) Affect renewable resource lands in which the 770
operations could result in a substantial loss or reduction of 771
long-range productivity of water supply from surface or subsurface 772
sources or of food or fiber products. These lands shall include, 773
but not be limited to, aquifers and aquifer recharge areas; or 774
(iv) Affect natural hazard lands in which the 775
operations could substantially endanger life and property, 776
including, but not limited to, areas subject to frequent flooding 777
and areas of unstable geology. 778
(d) The * * * staff of the department shall be 779
responsible for surface coal mining lands review and shall assist 780
the commission and, as practicable, regional and local 781
governmental units in developing: 782
(i) A data base and inventory system which will 783
permit proper evaluation of the capacity of different land areas 784
of the state to support and allow reclamation of surface coal 785
mining operations; 786
(ii) A method or methods for implementing land-use 787
planning decisions concerning surface coal mining operations; and 788
(iii) Proper notices and opportunities for public 789
participation, including, but not limited to, a public hearing 790
before making any designation or redesignation, under this 791
section. 792
(e) Determinations of the unsuitability of land for 793
surface coal mining, under this section shall be integrated as 794
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closely as possible with present and future land-use planning and 795
regulation processes at the federal, state and local governmental 796
levels. 797
(f) This section shall not apply to lands on which 798
surface coal mining operations are being conducted under a permit 799
issued under this chapter. 800
(2) (a) Any interested party may petition the commission to 801
have an area designated as unsuitable for surface coal mining 802
operations, or to have a designation terminated. A petition shall 803
contain allegations of facts with supporting evidence which would 804
tend to establish the allegations. Within six (6) months after 805
receipt of the petition, the commission shall hold a public 806
hearing in the county in which the affected area is located. The 807
commission shall provide appropriate notices and publications of 808
the date, time and location of that hearing. After an interested 809
party has filed a petition, but before the hearing required by 810
this subsection is held, any person may intervene by filing 811
allegations of facts with supporting evidence which would tend to 812
establish the allegations. Within sixty (60) days after the 813
public hearing, the commission shall issue and furnish to the 814
petitioner and any other party participating in the hearing a 815
written decision regarding the petition, and the reasons for its 816
decision. If all the petitioners stipulate agreement before the 817
requested hearing and withdraw their request, the commission may 818
cancel the public hearing. Any interested party aggrieved by a 819
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decision of the commission under this section may request a formal 820
hearing as provided in Section 49-17-41. Any person who 821
participated as a party in the formal hearing may appeal the final 822
decision of the commission as provided in Section 49-17-41. 823
(b) The commission shall promulgate regulations not 824
less stringent than federal regulations regarding procedures for 825
designating lands unsuitable for surface coal mining, including 826
procedures for the content and submission of petitions and notice 827
and public hearing requirements. 828
(3) Before designating any land areas as unsuitable for 829
surface coal mining operations, the * * * staff of the department 830
shall prepare a detailed statement on: 831
(a) The potential coal resources of the areas; 832
(b) The demand for coal resources; and 833
(c) The impact of the designation on the environment, 834
the economy of the state and the supply of coal. 835
(4) After July 1, 1979, and subject to valid rights, no 836
surface coal mining operations shall be permitted: 837
(a) On any lands within the boundaries of units of the 838
National Park System, the National Wildlife Refuge Systems, the 839
National System of Trails, the National Wilderness Preservation 840
System, the Wild and Scenic Rivers System, including study rivers 841
designated under Section 1276(a) of Title 16 of the United States 842
Code, and National Recreation Areas designated by Act of Congress; 843
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(b) On any lands within the boundaries of any state 844
park, state wildlife refuge, state forest, recorded state 845
historical landmark, state historic site, state archaeological 846
landmark, or city or county park, forest or historical area. The 847
commission may, for good cause shown and after a public hearing, 848
make exceptions to this paragraph; 849
(c) On any federal lands within the boundaries of any 850
national forest, unless the United States Secretary of Agriculture 851
or the secretary's designee finds that there are no significant 852
recreational, timber, economic or other values which may be 853
incompatible with the surface coal mining operations or the 854
surface operations and impacts incident to an underground coal 855
mine; 856
(d) Which will adversely affect any publicly owned park 857
or places included in the national register of historic sites 858
unless approved jointly by the commission and any federal, state 859
or local agency with jurisdiction over the park or the historic 860
site; 861
(e) Within one hundred (100) feet of the outside 862
right-of-way line of any public road except where mine access 863
roads or haulage roads join the right-of-way line, unless the 864
commission authorizes those roads to be relocated or the area 865
affected to lie within one hundred (100) feet of the road and if, 866
after public notice and opportunity for public hearing in the 867
county in which the surface coal mining and reclamation operations 868
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are located, the commission makes a written finding that the 869
interests of the public and the landowners affected thereby will 870
be protected; or 871
(f) Within three hundred (300) feet of any occupied 872
dwelling, unless waived by the owner of that dwelling, or any 873
public building, school, church, community or institutional 874
building, public park, or within one hundred (100) feet of a 875
cemetery. 876
(5) Those lands designated prior to July 1, 1979, as 877
unsuitable for surface mining under the Mississippi Surface Mining 878
and Reclamation Law, and all applicable rules and regulations 879
promulgated under that law are unsuitable for surface coal mining 880
under this section. 881
SECTION 10. Section 53-9-83, Mississippi Code of 1972, is 882
amended as follows: 883
53-9-83. (1) This section applies where coal owned by the 884
state under land, the surface rights to which are owned by a 885
surface owner as defined in this section, is to be mined by 886
methods other than underground mining techniques. 887
(2) The state shall not enter into any lease of state coal 888
deposits until the surface owner has given written consent to 889
enter and commence surface coal mining and reclamation operations 890
and the commission has obtained evidence of that consent. Written 891
consent given by any surface owner before July 1, 1979, shall be 892
deemed sufficient for the purposes of complying with this section. 893
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(3) In order to minimize disturbance to surface owners from 894
surface coal mining of state coal deposits and to assist in the 895
preparation of comprehensive land-use plans, the * * * staff of 896
the department shall consult with any surface owner whose land is 897
proposed to be included in a leasing tract and shall ask the 898
surface owner to declare a preference for or against the offering 899
of the deposit under this land for lease. The state shall, in its 900
discretion but to the maximum extent practicable, refrain from 901
leasing coal deposits for development by methods other than 902
underground mining techniques in those areas where a significant 903
number of surface owners have declared a preference against the 904
offering of the deposits for lease. 905
(4) For the purpose of this section, "surface owner" means 906
the natural person or persons, or corporation, the majority stock 907
of which is held by a person or persons who meet the other 908
requirements of this section, who: 909
(a) Hold legal or equitable title to the land surface; 910
(b) Have their principal place of residence on the land 911
or are personally conducting farming or ranching operations upon a 912
farm or ranch unit which is to be affected by surface coal mining 913
and reclamation operations, or receive directly a significant 914
portion of their income, if any, from those farming or ranching 915
operations; and 916
(c) Have met the conditions of paragraphs (a) and (b) 917
for at least three (3) years before granting consent. 918
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In computing the three-year period, the commission may 919
include periods during which title was owned by a relative of that 920
person by blood or marriage during which period the relative would 921
have met the requirements of this subsection. 922
(5) Nothing in this section shall be construed as increasing 923
or diminishing any property rights held by the state or by any 924
other landowner. 925
SECTION 11. Section 53-9-105, Mississippi Code of 1972, is 926
amended as follows: 927
53-9-105. (1) The department * * * shall establish and 928
maintain a state reclamation program for abandoned mines which 929
complies with Subchapter IV of the federal Surface Mining Control 930
and Reclamation Act of 1977, 30 USCS 1231 through 1243. 931
(2) For any year in which the department intends to conduct 932
abandoned mine lands reclamation with amounts held in the 933
Abandoned Mine Lands Reclamation Account, the executive director 934
shall submit to the secretary an application for the support of 935
the state program and implementation of specific reclamation 936
projects. Such requests shall include information required by the 937
secretary. This may include, but is not limited to: 938
(a) A general description of each proposed project; 939
(b) A priority evaluation of each proposed project; 940
(c) A statement of the estimated benefits in such terms 941
as: number of acres restored, miles of stream improved, acres of 942
surface lands protected from subsidence, population protected from 943
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subsidence, air pollution, hazards of mine and coal refuse 944
disposal area fires; 945
(d) An estimate of the cost for each proposed project; 946
(e) In the case of proposed research and demonstration 947
projects, a description of the specific techniques to be evaluated 948
or objective to be attained; 949
(f) An identification of lands or interest therein to 950
be acquired and the estimated cost; and 951
(g) In each year after the first in which a plan is 952
filed, an inventory of each project funded under the previous 953
year's grant. This inventory shall include details of financial 954
expenditures on each project together with a brief description of 955
each project, including project locations, the landowner's name, 956
acreage, and the type of reclamation or abatement performed. 957
(3) The reported costs for each proposed project shall 958
include: actual construction costs, actual operation and 959
maintenance costs of permanent facilities, planning and 960
engineering costs, construction inspection costs, and other 961
necessary administrative expenses. 962
(4) The executive director shall make reports on operations 963
of the reclamation program as required by the secretary or by 964
Congress. 965
(5) The executive director shall at all times accept and 966
consider comments regarding annual grant applications and the 967
eligibility, priority ranking and selection of lands for 968
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reclamation. At least thirty (30) days prior to the submission of 969
each annual grant application to the secretary, the executive 970
director shall provide for a public hearing and shall publish a 971
notice regarding the proposed grant application and the public 972
hearing in a newspaper of general circulation in the state. The 973
public notice shall state that a hearing will be held, generally 974
outline the grant application, and solicit comments regarding the 975
application. A listing and identification of all projects 976
included in the grant application shall be mailed to all persons 977
who have requested written notification of the annual grant 978
application and shall be available to any person upon request. At 979
the public hearing for review of an annual grant application, any 980
person may appear before the executive director or his or her 981
designee and be heard on the record. The executive director may 982
receive documentary or other evidence for inclusion in the record. 983
The executive director shall fix a time for the closing of the 984
record and may, in his discretion, receive other comments or 985
evidence that he deems appropriate after the public hearing and 986
before the closing of the record. A copy of the record shall be 987
included with the grant application to the secretary. 988
(6) The state shall not be liable under any provision of 989
federal law for any costs or damages as a result of action taken 990
or omitted in the course of carrying out the state reclamation 991
program approved by the secretary. This subsection shall not 992
preclude liability for costs or damages as a result of gross 993
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negligence or intentional misconduct by the state. Reckless, 994
willful or wanton misconduct shall constitute gross negligence. 995
However, nothing in this subsection shall be deemed to waive any 996
immunity provided by Mississippi law to the state or its 997
employees, or to waive the protection afforded the state by the 998
Eleventh Amendment to the United States Constitution. 999
SECTION 12. Section 57-21-9, Mississippi Code of 1972, is 1000
amended as follows: 1001
57-21-9. The laboratory is established for the following 1002
purposes: 1003
(a) To provide analytical chemical and bacteriological 1004
services for regulatory control, in cooperation with the 1005
Mississippi Department of Agriculture and Commerce, of the quality 1006
of feeds, oil-seed meals, fertilizers and economic poisons offered 1007
for sale in Mississippi. The State Chemist shall also share 1008
responsibility for labeling and standards of such goods with these 1009
agencies. 1010
(b) To conduct chemical, bacteriological and physical 1011
tests of foods sold in the state, regulating the quality and 1012
labeling of such foods. 1013
(c) To conduct chemical and physical tests on petroleum 1014
products offered for sale in the state. 1015
(d) To provide chemically oriented consultation, 1016
problem-solving services and supporting analytical chemistry for 1017
other state organizations and agencies such as the Mississippi 1018
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Department of Wildlife, Fisheries and Parks, the Mississippi 1019
Department of Environmental Quality, * * * the Board of Health, 1020
the Mississippi Development Authority, the University Research 1021
Center, the Veterinary Diagnostic Laboratory, the Highway Patrol, 1022
the Mississippi Forensics Laboratory, the Mississippi Department 1023
of Agriculture and Commerce, the Cooperative Extension Service and 1024
the Agricultural and Forestry Experimental Station as funds and 1025
resources permit. 1026
(e) To provide chemical consultation, toxicological 1027
analyses and scientific services for the solution of problems of 1028
individual citizens and firms of the state who are engaged in 1029
agricultural or industrial endeavors furthering the economic 1030
growth or development of Mississippi. 1031
(f) To conduct research and development programs 1032
associated with the discharge of these responsibilities. 1033
(g) To carry out any program or duty which may be 1034
authorized or delegated to it by future legislation. 1035
SECTION 13. Section 7-5-25, Mississippi Code of 1972, is 1036
amended as follows: 1037
7-5-25. The Attorney General shall give his opinion in 1038
writing, without fee, to the Legislature, or either house or any 1039
committee thereof, and to the Governor, the Secretary of State, 1040
the Auditor of Public Accounts, the State Treasurer, the 1041
Superintendent of Public Education, the Insurance Commissioner, 1042
the Commissioner of Agriculture and Commerce, * * * the State 1043
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PAGE 43 (aa\tb)

Librarian, the Director of Archives and History, the Adjutant 1044
General, the State Board of Health, the Commissioner of 1045
Corrections, the Public Service Commission, Chairman of the State 1046
Tax Commission, the State Forestry Commission, the Transportation 1047
Commission, and any other state officer, department or commission 1048
operating under the law, or which may be hereafter created; the 1049
trustees and heads of any state institution, the trustees and 1050
heads of the universities and the state colleges, the district 1051
attorneys, the boards of supervisors of the several counties, the 1052
sheriffs, the chancery clerks, the circuit clerks, the 1053
superintendents of education, the tax assessors, county surveyors, 1054
the county attorneys, the attorneys for the boards of supervisors, 1055
mayor or council or board of aldermen of any municipality of this 1056
state, and all other county officers (and no others), when 1057
requested in writing, upon any question of law relating to their 1058
respective offices. 1059
When any officer, board, commission, department or person 1060
authorized by this section to require such written opinion of the 1061
Attorney General shall have done so and shall have stated all the 1062
facts to govern such opinion, and the Attorney General has 1063
prepared and delivered a legal opinion with reference thereto, 1064
there shall be no liability, civil or criminal, accruing to or 1065
against any such officer, board, commission, department or person 1066
who, in good faith, follows the direction of such opinion and acts 1067
in accordance therewith unless a court of competent jurisdiction, 1068
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PAGE 44 (aa\tb)
ST: Mississippi Department of Environmental
Quality; remove the state geologist from certain
surface mining provisions.
after a full hearing, shall judicially declare that such opinion 1069
is manifestly wrong and without any substantial support. However, 1070
if a court of competent jurisdiction makes such a judicial 1071
declaration about a written opinion of the Attorney General that 1072
applies to acts or omissions of any licensee to which Section 1073
63-19-57, 75-67-137 or 75-67-245 applies, and the licensee has 1074
acted in conformity with that written opinion, the liability of 1075
the licensee shall be governed by Section 63-19-57, 75-67-137 or 1076
75-67-245, as the case may be. No opinion shall be given or 1077
considered if the opinion is given after suit is filed or 1078
prosecution begun. 1079
SECTION 14. This act shall take effect and be in force from 1080
and after July 1, 2026. 1081