An Act To Implement a Moratorium on Metallic Mineral Mining

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the statutory provisions of the Maine Metallic Mineral Mining Act took effect on June 1, 2014 without the corresponding regulatory framework in place as directed under Public Law 2011, chapter 653; and

Whereas,  without the corresponding regulatory framework in place, the State is at risk for litigation based on inconsistencies between the current statutory and regulatory frameworks for metallic mineral mining; and

Whereas,  implementation of a moratorium on the issuance of a mining permit under the Maine Metallic Mineral Mining Act provides the State with the time necessary to address these inconsistencies; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 38 MRSA §490-UU  is enacted to read:

§ 490-UU.  Moratorium

Notwithstanding any other provision of law to the contrary, the department may not issue a mining permit under this article until this section is repealed.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.

SUMMARY

This bill implements a moratorium on metallic mineral mining in the State by prohibiting the Department of Environmental Protection from issuing a permit to mine under the Maine Metallic Mineral Mining Act.