AN ACT relating to environmental quality; amending and repealing provisions regarding objections to applications for mining permits; making conforming amendments; requiring rulemaking; repealing obsolete provisions; and providing for effective dates.
EnergyLand
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Minerals
Last action
2020-03-10
Official status
enrolled
Effective date
7/1/2020
Plain English Breakdown
The official source material does not specify what happens if an objection is filed after the deadline, leaving this as a limit or unknown.
Rules for Mining Permit Objections
This law changes how people can object to mining permit applications and sets new rules for resolving those objections.
What This Bill Does
Creates two separate objection procedures: one for coal mining permits and another for all other types of mining permits.
For coal mining, anyone who wants to object has 30 days after the final notice is published. If requested, an informal conference can be held within 30 days.
For non-coal mining, objections must also be filed within 30 days after the final notice. The Land Quality Division Administrator reviews these and sends recommendations to the director who makes a decision in 30 days.
Both coal and non-coal permit applicants or objectors can appeal decisions to the Environmental Quality Council if they disagree with the outcome.
Who It Names or Affects
People applying for mining permits
Anyone who wants to object to a mining permit application
The Department of Environmental Quality
Terms To Know
Environmental Quality Council
A group that reviews and makes decisions on environmental issues, including appeals from mining permit objections.
Land Quality Division Administrator
The person in charge of reviewing objections to non-coal mining permits.
Limits and Unknowns
Does not specify what happens if an objection is filed after the deadline.
Does not explain how the Environmental Quality Council handles appeals from permit decisions.
Does not provide details on how the Department of Environmental Quality will implement these new rules.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: This amendment changes how objections to mining permit applications are handled by allowing the director to give the administrator permission to have an informal meeting.
Adds a new provision that allows the director to authorize the administrator to hold an informal conference in their sole discretion.
The amendment does not specify what criteria or conditions would guide the decision for holding an informal conference, leaving this detail open-ended.
Standing Committee • Senate Minerals, Business and Economic Development
Adopted
Plain English: The amendment changes how objections to mining permit applications are handled by modifying deadlines for filing objections and requiring certain hearings to be conducted as contested cases.
Removes the requirement for the completion of a notice period before filing objections.
Specifies that hearings on objections must follow the Wyoming Administrative Procedure Act's rules for contested cases.
Limits judicial review rights to only those who participated in a hearing before the council.
The amendment text does not provide full details about how these changes will be implemented or their specific impacts.
Bill History
2020-03-10LSO
Assigned Chapter Number 35
2020-03-10Governor
Governor Signed SEA No. 0014
2020-03-06House
H Speaker Signed SEA No. 0014
2020-03-05Senate
S President Signed SEA No. 0014
2020-03-05LSO
Assigned Number SEA No. 0014
2020-03-05Senate
S Concur:Passed 30-0-0-0-0
2020-03-05Senate
S Received for Concurrence
2020-03-04House
H 3rd Reading:Passed 54-5-1-0-0
2020-03-03House
H 2nd Reading:Passed
2020-03-02House
H COW:Passed
2020-02-27House
H Placed on General File
2020-02-27House
H09 - Minerals:Recommend Amend and Do Pass 9-0-0-0-0
2020-02-25House
H Introduced and Referred to H09 - Minerals
2020-02-19House
H Received for Introduction
2020-02-18Senate
S 3rd Reading:Passed 30-0-0-0-0
2020-02-17Senate
S 2nd Reading:Passed
2020-02-14Senate
S COW:Passed
2020-02-13Senate
S Placed on General File
2020-02-13Senate
S09 - Minerals:Recommend Amend and Do Pass 5-0-0-0-0
2020-02-10Senate
S Introduced and Referred to S09 - Minerals 29-0-1-0-0
2020-02-07Senate
S Received for Introduction
2020-01-21LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 20LSO-0015
Bill No.:
SF0044
Effective:
7/1/2020 12:00:00 AM
LSO No.:
20LSO-0015
Enrolled Act No.:
SEA No. 0014
Chapter No.:
35
Prime Sponsor:
Joint Minerals, Business & Economic Development Interim Committee
Catch Title:
Mining permit applications-objections.
Subject:
Amending the process for objecting and resolving objections for mining
permit applications.
Summary/Major Elements:
The act amends the procedures for objecting to a mining permit application. The act provides two (2) separate procedures: one (1) for coal mining permit applications and (1) one for all other mining permit applications.
For coal mining permits, a person has thirty (30) days to object after the final required notice is published. The applicant and objector can request that the director of the Department of Environmental Quality hold an informal conference to resolve the objection; the conference must be noticed through newspaper publication and must be held in the locality of the proposed mining operation. The director has thirty (30) days to resolve the objection if no informal conference is held, and sixty (60) days if there is an informal conference.
For all other permits, a person has thirty (30) days to object after the final required notice is published. The Land Quality Division Administrator of the Department reviews the objection and makes recommendations to the director, who makes a final written decision on the objection within thirty (30) days.
For all mining permit applications, either party can appeal the decision to the Environmental Quality Council. Any person who fails to object to an application has no right of appeal.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Current Bill Text
Read the full stored bill text
20LSO-0015
ORIGINAL Senate
ENGROSSED
File No
.
SF0044
ENROLLED ACT NO. 14,
SENATE
SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session
AN ACT relating to environmental quality; amending and repealing provisions regarding objections to applications for mining permits; making conforming amendments; requiring rulemaking; repealing obsolete provisions; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 35
‑
11
‑
406(p) and by creating a new subsection (q) and 35
‑
11
‑
431(a)(vi) are amended to read:
35
‑
11
‑
406.
Application for permit; generally; denial; limitations.
(p)
The following objection procedure shall apply to applications for mining permits for coal:
(i)
Any interested person has the right to file written objections to the application with the director within thirty (30) days after the last publication of the notice required in subsection (j) of this section. The director shall within five (5) business days forward any objection to the applicant and shall make objections available to the public;
(ii)
If an informal conference is requested by the applicant or objector, the director shall hold the informal conference in the locality of the proposed operation within thirty (30) days after the final date for filing objections under paragraph (i) of this subsection unless a different period is stipulated to by the parties. The director shall publish notice of the time, date and location of the informal conference in a newspaper of general circulation in the
locality of the proposed operation at least two (2) weeks before the date of the informal conference;
(iii)
The director shall render a decision on the application within thirty (30) days after
completion of the notice period
the deadline to file objections provided in paragraph (i) of this subsection
if no informal conference
or hearing
is requested. If
an
the director holds an
informal conference
,
is held,
all parties to the conference shall be furnished with a copy of the final written decision of the director issuing or denying the permit within sixty (60) days of the conference.
The applicant or objector may appeal the director's written decision after an informal conference to the council.
If a hearing is held,
the hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedure Act and
the council shall issue findings of fact and a decision on the application within sixty (60) days after the final hearing
;
. The director shall issue or deny the permit no later than fifteen (15) days from receipt of any findings of fact and decision of the environmental quality council.
(iv)
Notwithstanding W.S. 35
‑
11
‑
1001, only the applicant or an objector who participated in a hearing before the council may obtain judicial review of the council's decision.
(q)
The following objection procedure shall apply for any other mining permit application:
(i)
Any interested person has the right to file written objections to the administrator within thirty (30) days after the last publication of the notice required in subsection (j) of this section. The administrator shall
within five (5) business days forward any objection to the applicant and shall make objections available to the public;
(ii)
The administrator shall review all objections and shall forward a report and recommendations on the objections to the director. The director shall issue to the applicant and to any objector a final written decision issuing or denying the permit within thirty (30) days after the deadline to file objections provided in paragraph (i) of this subsection;
(iii)
The applicant or objector may appeal the director's written decision to the council. If a hearing is held, the council shall issue findings of fact and a decision within sixty (60) days after the final hearing;
(iv)
A person who does not object as provided under this subsection has no right of appeal.
35
‑
11
‑
431.
Research and development license; renewal; application.
(a)
A special license to conduct research and development testing may be issued by the administrator for a one (1) year period without a permit and may be renewed annually. An application for a research and development testing license shall be accompanied by a fee of twenty
‑
five dollars ($25.00) and shall include:
(vi)
All requirements of W.S. 35
‑
11
‑
406(j) and
(k)
35
‑
11
‑
406(p) or (q)
; and
Section 2.
W.S. 35
‑
11
‑
406(k) and (m)(x) is repealed.
Section 3.
The department of environmental quality and environmental quality council shall promulgate any rules necessary to implement the provisions of this act.
Section 4.
This act is effective July 1, 2020.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk
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