00                             SENATE BILL NO. 152                                                                         
01 "An Act requiring legislative approval before the issuance of an authorization, license,                                
02 permit, or approval of a plan of operation for a large-scale metallic sulfide mining                                    
03 operation that could affect water in or flowing into or over the Bristol Bay Fisheries                                  
04 Reserve."                                                                                                               
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 38.05 is amended by adding a new section to read:                                                  
07            Sec. 38.05.142. Legislative approval required for certain mines. (a) An                                    
08       authorization, license, permit, or approval of a plan of operation for a large-scale                              
09       metallic sulfide mining operation that may adversely affect the water in or flowing                               
10       into or over the Bristol Bay Fisheries Reserve designated in AS 38.05.140(f) may not                              
11       be issued before the legislature enacts a law that includes a finding that the proposed                           
12       large-scale metallic sulfide mining operation constitutes no danger to the fishery                                
13       within the Bristol Bay Fisheries Reserve.                                                                         
14            (b)  The commissioner may adopt regulations under AS 44.62 to implement                                      
01       this section.                                                                                                     
02            (c)  In this section, "large-scale metallic sulfide mining operation" means a                                
03       mine or mining operation that extracts metals, including gold and copper, from a                                  
04       sulfide-bearing rock and that would affect 640 or more acres of land.                                             
05    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
06 read:                                                                                                                   
07       APPLICABILITY. AS 38.05.142, enacted by sec. 1 of this Act, applies to a large-                                   
08 scale metallic sulfide mining operation that has not received all authorizations, licenses,                             
09 permits, or approved plans of operation before the effective date of this Act. The legislative                          
10 action required in AS 38.05.142(a), enacted by sec. 1 of this Act, does not apply to an existing                        
11 mining operation in the state or a mine that does not affect water described in                                         
12 AS 38.05.142(a), as enacted by sec. 1 of this Act.