2017 - 2018 LEGISLATURE
October 3, 2017 - Offered by Senator Tiffany.
SB395-SA7,1,11 At the locations indicated, amend the bill as follows:
SB395-SA7,1,2 21. Page 32, line 4: delete “(2m)" and substitute “(1g)".
SB395-SA7,1,3 32. Page 32, line 5: delete “(2m)" and substitute “(1g)".
SB395-SA7,1,4 43. Page 32, line 10: after that line insert:
SB395-SA7,1,5 5 Section 39m. 293.51 (1r) of the statutes is created to read:
SB395-SA7,2,126 293.51 (1r) At the time of closure of the mining waste site, the operator shall
7provide proof of financial responsibility to the department in an amount equal to the
8reasonably anticipated costs during the period between 40 and 250 years after
9closure of the mining waste site to repair or replace any engineered cover systems
10or tailings water management control systems used at the mining site or mining
11waste site to avoid adverse environmental consequences. At the time that the
12application for a mining permit is approved, the department shall determine the
13amount to be paid at the time of closure based on the net present value discounted

1at a rate of at least 5 percent per year, and identify the reasonably anticipated costs
2that the amount is intended to cover. The operator shall provide the proof of financial
3responsibility in the form of a cash deposit, which the department shall segregate
4and invest in an interest-bearing account; certificates of deposit, government
5securities, or other interest-bearing forms of security; or proof of establishment of
6an interest-bearing account, including an escrow account or trust account. The
7operator or any successor in interest may use the funds or request the department
8release the funds to cover any reasonably anticipated costs that were identified by
9the department. The department shall release any remaining funds to the operator
10or the operator's successor in interest after all of the reasonably anticipated costs
11that were identified by the department have been incurred, or upon determining that
12the reasonably anticipated costs are no longer applicable.”.
SB395-SA7,2,13 134. Page 32, line 13: delete “(1) and (2m)" and substitute “ (1), (1g), and (1r)".