Wednesday, January 9, 2013

Uranium News



2013 SESSION

  • 13102561D
SENATE BILL NO. 919
Offered January 9, 2013
Prefiled January 7, 2013
A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 58.1 an article numbered 10, consisting of sections numbered 58.1-1742 through 58.1-1746, relating to state severance tax; uranium.
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Patron-- Watkins
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Referred to Committee on Finance
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 17 of Title 58.1 an article numbered 10, consisting of sections numbered 58.1-1742 through 58.1-1746, as follows:
Article 10.
Uranium Severance Tax.
§ 58.1-1742. Tax levied.
There is hereby levied a license tax on every person engaging in the business of severing uranium from the earth. The tax shall be at a rate of three percent of the gross receipts from the sale of uranium severed within the Commonwealth. Such gross receipts shall be the fair market value measured at the time such uranium is utilized or sold for utilization in the Commonwealth or at the time such uranium is placed in transit for shipment therefrom.
§ 58.1-1743. Records to be kept.
The producers of uranium and common carriers shall maintain records and file reports showing the quantities of and receipts from uranium that they have produced or transported.
§ 58.1-1744. Collection.
The tax levied by this article shall be collected by the Department of Taxation in the same manner as the income tax imposed under Chapter 3 (§ 58.1-300 et seq.), as provided by the rules and regulations promulgated by the Tax Commissioner.
§ 58.1-1745. Disposition of proceeds.
All revenues generated pursuant to this article, minus the necessary expenses of the Department for the administration of the tax, as certified by the Commissioner, shall be distributed as follows:
1. One-half of the revenues shall be deposited into the general fund; and
2. One-half of the revenues shall be deposited into the appropriate subfund of the Economic Development and Environmental Trust Fund, established pursuant to § 58.1-1746, designated for the county or city from which the uranium was severed.
§ 58.1-1746. Economic Development and Environmental Trust Fund established.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Economic Development and Environmental Trust Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. A subfund of the Fund shall be established for each county or city from which uranium is severed from the earth. The revenues designated for each subfund pursuant to subdivision 2 of § 58.1-1745 shall be paid into the state treasury and credited to the appropriate subfund. Interest earned on moneys in each subfund shall remain in the subfund and be credited to it. Any moneys remaining in the subfund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the subfund. Moneys in each subfund shall be used solely for the purposes of promoting economic development and environmental protection in the locality for which the subfund is designated. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the chairman of the locality's Economic Development and Environmental Trust Board, established pursuant to subsection B.
B. Any locality for which a subfund is established pursuant to subsection A shall establish an Economic Development and Environmental Trust Board to administer the subfund. The Board shall consist of at least nine members, serving four-year terms, appointed by the governing body of the county or city, and shall consist of representatives from the local government, the business community, and the environmental community. The governing body of the county or city may stagger the terms of the initial appointees to the Board. Each Board shall elect a chairman and vice-chairman from its membership and shall develop bylaws and guidelines for administration of the subfund, subject to the approval of the governing body of the county or city.
http://lis.virginia.gov/cgi-bin/legp604.exe?131+ful+SB919

Senator's taped call raises eyebrows
http://www.wpcva.com/news/article_a396d446-026f-11e2-8e3e-0019bb2963f4.html

 
BY MARY BETH JACKSONmjackson@registerbee.com(434) 791-7981newsadvance.com
RICHMOND — While the Virginia Coal and Energy Commission voted 11-2 Monday to support writing regulations for the uranium mining and milling industry, some members of the panel said that vote was putting the proverbial cart before the horse.If the General Assembly follows the Coal and Energy Commission recommendation and starts writing regulations for uranium mining and milling, it would lift Virginia’s 1982 moratorium on uranium mining.Delegate Don Merricks, R-Pittsylvania County and a member of the Coal and Energy Commission, was one of two voting no Monday. Merricks told commission members he felt the vote was a “bass-ackwards” way of doing things since there was no bill and the General Assembly doesn’t start until Wednesday.
“Here we’re basically voting on a concept and the concept isn’t fully-developed,” Merricks said.
“I'm an open-minded person,” he added. “I would love to see this happen in a safe way ... I just don’t think we’re at that point.”
Sen. John Watkins, R-Powhatan, has said he will sponsor legislation directing the state to write those regulations, but he has not submitted one yet to the Senate.
Merricks asked Watkins, the vice-chair of the commission, if his legislation would lift the moratorium for all of Virginia, or just for Coles Hill. Watkins said his legislation would exclusively concern the Coles Hill deposit.
Merricks says he had not seen a clear majority of people supporting the project, so he had to vote no.
“We don’t have a clear majority that this is what the people want,” he said. “We’re still a government of the people, by the people, for the people.”
Citizen member Ronnie Smith also voted no, saying he’d never seen so much misinformation coming from both sides of an issue. He said it was the wrong time to be making a decision.
“I think we may have it a little backwards,” he said, agreeing with Merricks.
Delegate Gregory D. Habeeb, who voted with the majority, said he was saying yes “with an asterisk.”
“It is uncomfortable to be voting on a bill that doesn’t exist,” he said.
Habeeb said he was saying yes to a continuation of the discussion and nothing else.
“This should not be seen as an endorsement of a yet-unseen bill,” he said.
Virginia Uranium spokesman and geologist Patrick Wales said he was pleased with the vote.
“That’s a very strong statement,” he said. “These are the individuals who have been most involved in the process.”
A few citizens against the mine booed and yelled after the vote was taken, disappointed with the recommendation of the commission.
 
 
The Uranium Issue in Virginia
RICHMOND -- A state legislative commission recommended Monday that Virginia develop a regulatory program for uranium mining, an initial step in a contentious process that could determine whether a company can mine and mill uranium in rural Pittsylvania County.
The Virginia Commission on Coal and Energy voted Monday to support a conceptual plan proposed by state Sen. John Watkins, R-Powhatan, who wants the state to lift its 31-year-old moratorium on uranium mining and establish a regulatory structure for the industry. Watkins will introduce legislation during the General Assembly session that begins Wednesday.
Opponents from Southside Virginia to Hampton Roads have raised concerns about potential environmental and health risks associated with mining waste and its potential to affect the Roanoke River basin downstream from the Coles Hill site.
Several uranium mining opponents wore bright yellow T-shirts with the slogan "Keep the Ban" at Monday's commission meeting, and some shouted angrily after the panel's vote.
A multi-agency working group appointed by McDonnell released a report Nov. 30 outlining a regulatory framework for mining and milling that could be put in place if lawmakers lift the ban. After the commission received a briefing on the report, Watkins said he will introduce legislation to codify that framework and effectively limit uranium mining to the Coles Hill site.
The commission voted 11-2, with three abstentions, for Watkins' motion to advance the issue. Eleven of the commission's 13 legislative members are Republicans and there are seven citizen members on the panel.
Del. Don Merricks, R-Chatham, who represents the Coles Hill site, and Sen. Ralph Smith, R-Roanoke County, were the only commission members who voted against Watkins' motion. Sen. Frank Wagner, R-Virginia Beach, and Del. Onzlee Ware, D-Roanoke, missed the meeting, and Sen. Charles Colgan, D-Manassas, abstained.
Merricks said he has not been persuaded that mining waste, or tailings, can be safely maintained. He also voiced objections to having the commission vote without having a specific bill to consider.
"To be quite frank, I think this - pardon my expression - is a bass-ackward way of doing it," Merricks said. "We should have a bill that's referred to the commission, and then the commission acts on a bill. But here, we're basically voting on a concept. And the concept is not fully developed."
Del. Greg Habeeb, R-Salem, voted for Watkins' motion despite having similar concerns.
"It is a little uncomfortable to be essentially voting on a bill that doesn't exist," Habeeb said. "When I vote yes, my yes is going to be a vote that we ought to continue this conversation legislatively. And once we have a bill, then we'll be able to make a substantive decision as to whether or not the bill provides the protections and the proper regulatory framework we need to have going forward."
Del. Lee Ware, R-Powhatan County, who is chairman of the commission's uranium mining subcommittee, said he supported Watkins' proposal "believing, as I do, that we can ensure safety and we can provide for the protection of our natural environment if we do these regulations the right way."
Smith said there were too many unanswered questions about the containment of the tailings for him to support Watkins' motion.
"If I'm the guy building that liner and paying for that liner, I don't want to spend any more than I have to. If I'm the neighbor, I want it really thick," Smith said. "I think that needs to be decided first, then bring it to us and we will vote."
Watkins said his bill would make the Virginia State Corporation Commission responsible for developing memorandums of understanding with "appropriate state agencies and federal agencies and entities currently in the business of research and development" of uranium mining. That effectively would limit any legislative approval of uranium mining to Virginia Uranium's Coles Hill proposal, Watkins said.
Asked why he wanted to limit the scope of his bill to Coles Hill, Watkins said, "Because I want the bill to pass."

http://www.timesdispatch.com/news/state-regional/government-politics/general-assembly/study-panel-votes-to-lift-uranium-mining-ban/article_f446d11c-6272-5a7d-bed6-9c88c23dcecb.html

Posted: Tuesday, January 8, 2013 12:05 am | Updated: 12:20 am, Tue Jan 8, 2013.
Study panel votes to lift uranium mining ban

BY REX SPRINGSTON Richmond Times-DispatchRichmond Times-Dispatch
A General Assembly study panel voted Monday in favor of lifting Virginia’s 31-year ban on uranium mining — but only in one spot in Southside Virginia.The panel, the Virginia Coal and Energy Commission, endorsed a proposal by Sen. John Watkins, R-Powhatan, to require the state to draft uranium-mining regulations, a move Watkins announced weeks ago.But Watkins, a member of the panel, said Monday that his proposal would allow mining only in Pittsylvania County, where a company has long been seeking to operate.
Asked why he is structuring his proposal that way, Watkins told reporters, “Because I want the bill to pass.”
The issue goes now to the legislature, where both sides predict a close fight. The session begins Wednesday.
After the energy commission’s vote — 11-2 with three abstentions — a few opponents hollered and booed at the panel members. “Your names will live in infamy!” one cried out.
Watkins said he would unveil his bill in about a week. If it passes, anyone wanting to mine uranium beyond the proposed Pittsylvania site would need separate legislation.
That didn’t satisfy mining opponent Glen Besa, director of the Virginia chapter of the Sierra Club. “Once you open the door there (in Pittsylvania), you subject the rest of the state to mining.”
The energy commission includes several pro-mining members, so Monday’s vote was not a surprise, Besa said.
Virginia Uranium Inc. wants to mine and mill the radioactive metal
The company says the operation would be modern and safe and would create hundreds of jobs in economically struggling Southside. Opponents fear the operation could cause air and water pollution.
Before voting, the panel members heard arguments from both sides.
Ralph L. “Bill” Axselle Jr., a former Henrico County delegate representing Southside opponents, called a vote on allowing mining “a decision that has consequences not for decades, not for generations, but forever.”

http://www.washingtonpost.com/local/va-politics/virginia-panel-recommends-bill-on-uranium-mining-for-2013-general-assembly/2013/01/07/8a4000ec-58fc-11e2-9fa9-5fbdc9530eb9_story.html?wprss=rss_local

By , Jan 07, 2013 11:28 PM EST
The Washington Post Published: January 7

RICHMOND — A proposal to lift Virginia’s 30-year ban on uranium mining advanced Monday when a legislative panel recommended that the General Assembly address the issue this year.
Sen. John C. Watkins (R-Midlothian) said he expects to submit legislation to lift the ban as early as next week. His proposal would apply only to the proposed mining site in south-central Virginia owned by Virginia Uranium.
“This isolates it to Coles Hill,” said Watkins, whose legislation would not seek to lift the ban statewide. “I want the bill to pass. If there were other entities that were doing research and development in other places in the state . . . I don’t know of any.”
The commission’s lone lawmaker from the district where the mine would be located voted against moving forward with legislation. Del. Donald W. Merricks (R-Pittsylvania) said he thought the vote was premature.
“We’re voting on a concept that is not fully developed,” he told the commission before its decision. “We don’t have a clear majority that this is what people want. I would love to see this happen in a safe way. I just don’t think we’re at that point.”
Nathan Lott, spokesman for Keep the Ban, said the group was disappointed with the commission’s vote but not surprised. “The commission has sided with mining interests against the interests of Southside Virginians,” Lott said in a statement. “We are confident that a majority of lawmakers will recognize that Virginia’s current moratorium on uranium mining and milling is sound public policy and will vote to keep it in place.”
In a letter to the commission dated Sunday, McDonnell said he is not ready to weigh in on the debate. “I can say at this point the views appear to be mixed, giving reasons both for and against proceeding forward,” he said. “I feel that I need to wait for the final report . . . before making any decision about whether to take a position on this issue.”
The working group’s final report is expected Jan. 15.



  1/7 p.m. u-news
Comments from friend:  Have you heard protests from other municipalities which have uranium ore that the moratorium will only be lifted for Coles Hill? No, and you won't. No one wants to be the site of a uranium mine mill and dumpsite. Coles Hill is but the camel's nose under the tent.
Pittsylvania County, Danville included, have been culled from the herd by legislators from Powhatan County and a single corporation falsely parading around as a Virginia Company. All collectively lifted hind legs and pissed on Pittsylvania County. There are questions regarding the constitutionality of the bill being proposed:

Section 14. Powers of General Assembly; limitations.The General Assembly shall not enact any local, special, or private law in the following cases: .........
(17) Creating private corporations, or amending, renewing, or extending the charters thereof.
(18) Granting to any private corporation, association, or individual any special or exclusive right, privilege, or immunity.

 
today's recap from an elist member:

The vote break out :

Senate:
Ralph Smith (R) no
Watkins (R) yes
Carrica (R) Yes

Colgan (D) abstain
Email: district29@senate.virginia.gov
Phone: (804) 698-7529
Fax: (804) 698-7651
Room No: 326
Legislative Assistant: Peggy Tyree-WellsManassas City (All); Manassas Park City (All); Prince William County (Part)

Wagner not present (R)
Email: district07@senate.virginia.gov
Phone: (804) 698-7507
Fax: (804) 698-7651
Room No: 303
Legislative Assistant: Vicki Wilson

House:
Kilgore (R) yes
L. Ware (R) yes
Morefield (R) yes
Miller (R) yes
Merricks (R) No
Habeeb (R) Yes
O'Quinn (R) Yes
O. Ware (D) not present
Phone: (804) 698-1011
Fax: (804) 698-6711
Email: DelOWare@house.virginia.gov
Room Number: 816
Legislative Assistant: Tristan MacDonald

Citizen members:
Altizer Yes
Martin Not present
Hutcheson Abstain
Smith Yes
Matney not present
Ratliff abstain
Gidley yes
Posted: Monday, January 7, 2013 7:28 am | Updated: 2:15 pm, Mon Jan 7, 2013.
 
 
Associated Press |

RICHMOND — As the debate over uranium mining heads to the legislature, a new group has been created supporting Virginia's decades-old ban on mining the radioactive ore.
CommonHealthVA.orgmade its debut Monday. Its organizers say it represents more than 50 municipalities and groups. They include the cities of Norfolk and Virginia Beach, the Southern Environmental Law Center and other groups that have previously stated their opposition to uranium mining.

The new group announced its creation just one hour before the Virginia Coal and Energy Commission was to take up uranium mining.

 
Posted: Monday, January 7, 2013 7:22 pm
 

RICHMOND — Speaking for a new coalition of people opposed to uranium mining and milling in Virginia, Delegate Danny Marshall, R-Danville, said “Uranium and Southside do not go together.”
Monday’s Coal and Energy Commission meeting was preceded by a news conference by the newly formed CommonHealthVA.org, a coalition speaking on behalf of citizens’ groups, localities and community organizations that are opposing the lifting of Virginia’s moratorium on uranium mining and milling.
A number of speakers came forward, including Marshall, who said Southside remains opposed to Virginia Uranium’s plans.
Virginia Uranium wants to mine a 119-million-pound ore deposit six miles from Chatham in Pittsylvania County.
Marshall said he believes mining jobs at Virginia uranium will not be filled by folks from Southside, but experienced miners from Southwest Virginia, where deep layoffs have sidelined coal miners. Alpha Natural Resources announced in September it would shutter three Virginia mines and shed 1,200 jobs company-wide, reported the Bristol Herald Courier.
He said Virginia Uranium claims of hundreds of high-paying jobs for Southside and an economic boon is “like a fish tale that just gets bigger.”
Delegate James Edmunds, R-South Boston, said just the potential for a nearby uranium mine and mill puts a pox on Southside’s real estate. He said sellers and their agents are already running into problems with stigma.
“It is real, genuine and not made up,” he said.
Orange County farmer Bill Spieden said regulations should not be written “until the industry develops proven safeguards” against detrimental environmental impact.
Legislators should take heed of their voice, said Chatham native and Halifax nurse Terry Andrews.
“This is our community, this is our home, and we don’t want this,” she said.
Jackson reports for the Danville Register & Bee.

Posted: Monday, January 7, 2013 7:23 pm
 

RICHMOND — Gov. Bob McDonnell is keeping his silence on the uranium mining issue, citing the absence of a final-but-delayed socioeconomic impact.
In a letter read by Delegate Terry Kilgore, chairman of the Virginia Coal and Energy Commission, the governor said he had received an interim report on the socioeconomic study, and saw uncertainties. Kilgore shared the letter’s contents with the Coal and Energy Commission today.


“I can say at this point that results seem to be mixed about whether or not this should go forward,” McDonnell wrote.
He added: “I feel like I should wait for this final report before making a final decision on this issue.”
McDonnell formed the Uranium Working Group a year ago to research the potential benefits and pitfalls of allowing uranium mining and milling in Virginia. The group submitted its final report in December to governor, but it was missing the socioeconomic component.
That report could not be finished by the December deadline. Instead, the report is due Jan. 15.
Jackson reports for the Danville Register & Bee.
Posted: Monday, January 7, 2013 4:25 pm | Updated: 7:04 pm, Mon Jan 7, 2013.
Associated Press |

Proposed uranium mining in Virginia easily survived its first legislative test Monday, with lawmakers recommending the development of regulations for the mining of the radioactive ore.
Those rules _ and whether a 30-year ban on such mining is lifted _ ultimately would need to be approved by the General Assembly.

The Coal and Energy Commission voted 11-2 in support of legislation proposed by Sen. John Watkins that would have the effect of limiting mining to one company and the only known, commercially viable deposit of uranium in the state: Virginia Uranium Inc. and a 119-million-pound deposit in state's southern tier 
The bill also would set forth rules for the company's mining operation.
"It's going to be close," said Watkins, a Republican from Powhatan and a commission member. "This is a big deal."
Asked why he would limit uranium mining in the state, Watkins said: "Because I want the bill to pass."
Critics contend that allowing uranium mining at the Coles Hill deposit could lead to other mining in other parts of the state, including central and northern Virginia where mining companies have shown interest in possible uranium deposits.
"Clearly this is an attempt to win the votes of northern Virginia delegates, to say it's not going to be in your backyard, don't worry," said Mike Pucci, a uranium mining opponent from North Carolina. "The toxicity is going to be limited to southern Virginia and all of North Carolina."
Watkins was pressed on his legislation after the meeting and advised reporters that specifics would be clear once the bill has been drafted.
Robert G. Burnley, a former director of the Virginia Department of Environmental Quality who now is affiliated with the Southern Environmental Law Center, said the legislation is a "de facto" vote on ending the 31-year ban.
The company has lobbied hard to end the ban, flying legislators to France and Canada on its tab to tour mining and milling facilities and giving hundreds of thousands of dollars to legislators. Several members of the Coal and Energy Commission have received contributions from the company.
While environmental groups have led the charge against mining, the Virginia Farm Bureau Federation took the unexpected step of opposing mining, and municipal groups have also joined in the opposition. Virginia Beach, which draws public drinking water from southern Virginia, has also taken a stand against mining, as well as other cities in Hampton Roads.
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Steve Szkotak can be reached on Twitter at https://twitter.com/sszkotakap.