Mining and Critical Infrastructure Materials Amendments

The definition of 'critical infrastructure materials operations' was updated to include recycling, batching, and mixing concrete and asphalt.

A new section was added to amend Title 17 to provide vested mining operators with rights to expand operations onto new land, mirroring the protections for critical infrastructure materials.

The date for acquiring rights to 'new land' was extended from the current date to January 1, 2026, allowing operators more time to secure ownership before gaining expansion rights.

The requirement for a legislative study on critical infrastructure materials and related mining was repealed.

New procedures were added requiring legislative bodies to hold public hearings within 30 days when an expansion of vested rights is proposed and potential endangerment is found.

Added new definition of 'commercial quantities' for critical infrastructure materials, specifying it means materials extracted or processed by a commercial enterprise in the ordinary course of business in amounts that would create a reasonable expectation of profit.

Changed the definition of 'vested critical infrastructure materials use' to include operations that existed before January 1, 2019, and modified the date for acquiring 'new land' to January 1, 2026.

Modified expansion rights for vested critical infrastructure materials operators to allow expansion to contiguous land owned or controlled before May 7, 2025, with notice requirements to local legislative bodies.

Repealed a requirement for a study of critical infrastructure materials operations and related mining.

Changed the standard for local government objection to expansion from 'preponderance of evidence' to 'clear and convincing evidence' that expansion will endanger public health, safety, and welfare.

Made technical corrections to code references and formatting throughout the bill.

Updated definitions to clarify 'critical infrastructure materials operations use' and 'vested critical infrastructure materials operations use' to better align with mining terminology.

Added provisions allowing operators to expand vested rights to new land acquired by January 1, 2026, with notice requirements to local legislative bodies.

Changed critical dates for vested rights establishment and expansion rights, with new land acquisition deadline set for January 1, 2026.

Repealed a requirement for a study of critical infrastructure materials operations and related mining.

Modified procedures for local legislative bodies when operators seek to expand operations, including public hearing requirements and mitigation measures.

Made technical and conforming changes to align critical infrastructure materials provisions with existing mining provisions throughout the code.

Added new definition for 'contiguous land' to clarify land sharing a common boundary not separated by a highway.

Added new definition for 'existing legal use' to describe critical infrastructure materials uses operating under legal nonconforming use or permits without abandonment for more than 24 consecutive months.

Modified 'vested critical infrastructure materials use' definition to remove the January 1, 2019 date requirement and instead require operations to continue without ceasing for more than 24 consecutive months.

Changed 'critical infrastructure materials operations use' definition to remove 'batching and mixing of concrete and asphalt' from the list of activities.

Changed 'critical infrastructure materials operator' definition to remove 'receiver, trustee, executor, administrator, guardian, fiduciary' from the list of eligible entities.

Modified public notice requirements for expanding operations to new land, changing the hearing timeline from 'no later than 30 days' to 'more than 10 days' after receiving notice.

Modified mitigation measure compliance language from 'agrees to comply with' to 'agrees to comply by' for vested mining use expansions.

Removed the requirement for a study of critical infrastructure materials operations and related mining.

Changed the standard for legislative body findings from 'preponderance of the evidence' to 'clear and convincing evidence' for determining if expansion endangers public health, safety, and welfare.

Corrected Senate Sponsor name from 'LONG TITLE' to 'Scott D. Sandall' and updated several section references and formatting inconsistencies.