HB 87: "An Act relating to mining."

00 HOUSE BILL NO. 87 01 "An Act relating to mining." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 27.09 is amended by adding a new section to read: 04 Article 2. Mining Infrastructure Fund. 05 Sec. 27.09.100. Mining infrastructure fund. (a) The mining infrastructure 06 fund is created in the general fund. Revenues from the following sources not 07 deposited into the Alaska permanent fund under AS 37.13.010 or art. IX, sec. 15, 08 Constitution of the State of Alaska, shall be accounted for separately and deposited 09 into the mining infrastructure fund: 10 (1) annual rental on mining claims, leasehold locations, prospecting 11 sites, and mining leases under AS 38.05.211; 12 (2) mining production royalties under AS 38.05.212; 13 (3) net income taxes under AS 43.20 on income derived from mining, 14 as that term is defined in AS 43.65.060; and 15 (4) mining license taxes under AS 43.65.

01 (b) The legislature may appropriate money from the mining infrastructure 02 fund for the performance of airborne surveys and geophysical surveys, as those terms 03 are defined in AS 38.05.242, and for infrastructure for projects included on the list 04 compiled under (c) of this section. 05 (c) The commissioner of natural resources shall compile a list of potential 06 mining projects that are not being developed due to inadequate or nonexistent 07 transportation, utility, or other infrastructure. The commissioner shall rank the 08 projects based on the number of jobs and the amount of payroll each is expected to 09 generate, the value of the minerals to be developed, and other criteria determined by 10 the commissioner. 11 (d) The deposit required and appropriations authorized by this section are not 12 intended to create a dedication in violation of art. IX, sec. 7, Constitution of the State 13 of Alaska. 14 * Sec. 2. AS 46.03 is amended by adding a new section to read: 15 Sec. 46.03.115. Wastewater disposal from mining operations. 16 Notwithstanding the standards adopted or established under AS 46.03.070 and 17 46.03.080, and notwithstanding AS 46.03.110(d), the department may not require that 18 nondomestic wastewater discharged into a watercourse or body of water from a 19 mining operation must be less polluted or of higher quality or greater purity than the 20 body of water into which the discharge is made or the water immediately upstream of 21 the mining operation, whichever is applicable, if the mining operation demonstrates 22 that 23 (1) a substance does not appear in greater amounts or higher 24 concentrations in the discharged water than in the water body or the water 25 immediately upstream of the mining operation, as applicable; 26 (2) the water in the water body or the water immediately upstream of 27 the mining operation, as applicable, contains only naturally occurring substances; 28 (3) the discharged water is neither hotter nor colder than the receiving 29 water; and 30 (4) the discharge is in compliance with applicable federal laws and 31 regulations.

01 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 INSTRUCTION TO REVISOR. The revisor of statutes shall substitute 04 "AS 27.09.010 - 27.09.060" for "this chapter" in AS 27.09.010 - 27.09.060.