Monday, January 21, 2013

Keep the Ban: The bills filed in the 2013 Virginia General Assembly session that have been tagged with "uranium".

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The bills filed in the 2013 Virginia General Assembly session that have been tagged with "uranium".

Uranium; establishes 3 percent state severance tax on receipts of any severed from earth in State. (SB919)


State severance tax; uranium. Establishes a three percent state severance tax on the gross receipts of any uranium severed from the earth in the Commonwealth. One-half of the proceeds of the tax shall be deposited in the general fund of the Commonwealth. The other half of the proceeds shall be deposited into an Economic Development and Environmental Trust Fund established for each locality from which uranium is mined. Each locality's fund would be administered by a board appointed by the governing body of the locality.Status: Impact statement from TAX (SB919)

Uranium; establishes three percent state severance tax on gross receipts of any from State. (HB1804)


State severance tax; uranium. Establishes a three percent state severance tax on the gross receipts of any uranium severed from the earth in the Commonwealth. One-half of the proceeds of the tax shall be deposited in the general fund of the Commonwealth. The other half of the proceeds shall be distributed to the locality from which the uranium was severed.Status: Impact statement from TAX (HB1804)

Uranium mining; penalties. (HB2330)


Uranium mining; penalties. Establishes a process for the Department of Mines, Minerals and Energy (DMME) to issue permits for the mining of uranium ore. DMME, in consultation with the Department of Environmental Quality, Department of Health, State Corporation Commission, Department of Conservation and Recreation, Department of Game and Inland Fisheries, Department of Historic Resources, and Department of Agriculture and Consumer Services, is required to adopt regulations governing uranium mining. DMME shall not accept an application for a uranium mining permit from an applicant unless the applicant had a valid permit for uranium exploration on July 1, 2013. DMME shall not accept an application for a permit to mine uranium at a location more than 10 miles from an area for which a uranium exploration permit was in effect on January 1, 2012. Permit holders are required to pay application fees and annual fees, which shall be sufficient to defray the costs of administering the uranium mining program. The measure establishes the Uranium Administrative Fund, Uranium Response Fund, and Long-Term Monitoring Fund, which will be funded by fees assessed on permittees. A permittee that violates a permit condition or provision of law or regulation may be subject to civil penalties. A person who conducts uranium mining without a permit, violates a condition of a permit, fails to comply with a regulation or order, makes certain false statements, violates recordkeeping requirements, or impedes the DMME in its performance of duties is subject to criminal penalties. A uranium mining permit shall not be issued to an applicant unless the applicant is licensed by the State Corporation Commission as a uranium development corporation, the requirements for which are established by this measure. The Commission is authorized to suspend a uranium development license if it finds that a licensee is not in compliance with financial responsibility requirements or if it receives notice of a determination by an agency that an operation is being conducted in violation of a permit or license. The Commission may revoke a uranium development license if it finds by clear and convincing evidence that the license holder has failed to correct a condition for which its license was suspended or has committed other specified acts.Status: Committee






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This is likely to be a hot issue during the 2013 Legislative Session. As of noon on 1/7/2013, there do not appear to be any bills submitted concerning removing the ban on uranium mining. So, in preparation, we offer you these news links:


From Existing Virginia Codes:


The most likely target of any proposed legislation is:

§ 45.1-283. Uranium mining permit applications; when accepted; uranium mining deemed to have significant effect on surface.Notwithstanding any other provision of law, permit applications for uranium mining shall not be accepted by any agency of the Commonwealth prior to July 1, 1984, and until a program for permitting uranium mining is established by statute. For the purpose of construing § 45.1-180 (a), uranium mining shall be deemed to have a significant effect on the surface.(1982, c. 269; 1983, c. 3.)

http://www.lwv-va.org/news/?page_id=328