Legislature(2003 - 2004)

2004-02-16 House Journal

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2004-02-16                     House Journal                      Page 2606
HB 486                                                                                            
HOUSE BILL NO. 486 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to reclamation bonding and financial assurance                                
     for certain mines; relating to financial assurance limits for lode                             
     mines; establishing the mine reclamation trust fund; and providing                             
     for an effective date."                                                                        
                                                                                                    

2004-02-16                     House Journal                      Page 2607
was read the first time and referred to the Resources and Finance                                   
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Natural Resources                                                                
2.  Fiscal, Dept. of Revenue                                                                        
                                                                                                    
The Governor's transmittal letter dated February 13, 2004, follows:                                 
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of article III, section 18, of the Alaska                                       
Constitution, I am transmitting a bill relating to mine reclamation                                 
bonding and financial assurance.                                                                    
                                                                                                    
This bill would make three changes to existing law.  First, it would                                
remove "lode mines," sometimes referred to as "hard-rock mines,"                                    
from the current bonding "cap" of $750 per acre for mine reclamation                                
responsibilities; the cap would remain in effect for placer mines.                                  
Second, it would replace the term "performance bond" with the term                                  
"financial assurance," and would list various ways to provide that                                  
assurance, in order to give mining companies and the state the                                      
flexibility to employ a variety of financial assurance vehicles.  Third,                            
it would create a mine reclamation trust fund, which would allow the                                
build-up of an adequate reclamation fund through payments made over                                 
time and through the earnings on that fund.                                                         
                                                                                                    
These three changes all reflect the fact that satisfactory reclamation of                           
a hard-rock mine is a site-specific issue.  A generic dollar-per-acre                               
bond "cap" simply does not work for reclamation responsibilities for                                
hard-rock mines.  Each mine is unique, and the optimal vehicle to use                               
to ensure final reclamation depends on many factors including, by way                               
of example: the projected mine life; the need for long-term site                                    
management measures (such as to address potential acid mine                                         
drainage); and the availability and cost of different bonding tools in                              
the current financial market.  Given these and other factors, the state                             
and the mining industry need flexibility in selecting and constructing                              
financial assurances for mine reclamation.                                                          
                                                                                                    

2004-02-16                     House Journal                      Page 2608
The third element of the bill, the mine reclamation trust fund, is an                               
attempt to accommodate some fiscal realities faced by the industry.  It                             
provides the opportunity for the state to set up site-specific funding                              
agreements to accommodate long-term or in-perpetuity reclamation                                    
tasks.  Examples include the possible need for in-perpetuity water                                  
treatment at the Red Dog Mine, long-term monitoring at the Illinois                                 
Creek Mine, and in-perpetuity maintenance of the dam for the                                        
freshwater recreation lake that Fort Knox Mine is leaving to Alaskans                               
at the request of the Department of Natural Resources.  The trust fund                              
concept provides for a method of accommodating long-term or in-                                     
perpetuity reclamation needs of this type.                                                          
                                                                                                    
                                                                                                    
Making deposits into a state-controlled trust fund will have significant                            
benefits for industry and the state.  In addition to providing potential                            
benefits under the federal tax code for companies, the state would have                             
access to a fund for mine reclamation work that will retain earnings                                
and increase over time.                                                                             
                                                                                                    
                                                                                                    
The bill would provide that the Department of Revenue would manage                                  
investment of the fund, as it does already for a number of other similar                            
state funds.  But the Department of Natural Resources would be the                                  
agency authorized to make expenditures from the fund for mine                                       
reclamation and post-closure site management.                                                       
                                                                                                    
                                                                                                    
The state's resource agencies, under the leadership of the Department                               
of Natural Resources, have crafted this bill with an understanding of                               
the needs of the industry and the needs of Alaskans who rely on                                     
reclamation of the land.  This bill is broadly supported by the mining                              
industry.                                                                                           
                                                                                                    
I urge your prompt and favorable action on this measure.                                            
                                                                                                    
                                Sincerely yours,                                                    
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"