VTCA Successful in Removing Threat for Mineral Exploration

Posted By: Rob Lanham Member and Industry News,

House Bill 84 was introduced by Delegate Shelly Simonds (D - Newport News) and would require any entity that would be engaging in mineral exploration on any site in Virginia, including sites already permitted for mining, would be required to give public notification of the mineral exploration activities. The patron told VTCA that the purpose of the bill was to address recent gold exploration in Buckingham County. 
 
There are many reasons why those employing mineral exploration want to do so confidentially. The threat of competitors and public opposition are among other reasons. HB 84 would have required explorers to place ads in local newspapers, inform the locality, and notify all neighbors within 500 feet of the explored property  
 
When HB 84 was in the House Natural Resources subcommittee, VTCA offered an amendment that limited the bill to gold, silver, copper, lead zinc and uranium. According to the delegate, environmental groups could not support this amendment and offered to exclude minerals used for building and road construction. The bill reported out of the House with the construction materials exclusion.  
 
While the carveout for constructions minerals worked for most of VTCA Aggregate members, the bill as amended still impacted some of VTCA’s industrial mineral producers that mine materials not related to construction, therefore VTCA continued efforts to amend the bill.  
 
Following crossover, the bill was referred to the Senate Committee on Agriculture, Conservation and Natural Resources. Again, VTCA offered the amendment limiting the bill that public notification for mineral exploration be required for gold, silver copper, lead, zinc, and uranium. While the committee chair was supportive of this amendment, the patron, and the environmental groups were not.  
 
During initial committee discussion, it appeared the bill would report out of the Committee with the construction materials exception. Some discussion included the exploring entity only be required to notify the locality.  
 
The Committee opened the floor up for public comments. There were two environmental groups in support of the bill, Appalachian Voices, and the Chesapeake Bay Foundation. Opposed to the bill was Virginia Energy and VTCA.  
 
The tide of the Senate Committee shifted significantly following the testimony from VTCA member, Kyanite Mining Corporation. Discussions of Committee members shifted to “by right use” of property and preserving this for landowners. Following this discussion, the Committee motion was to “pass by indefinitely”. The Committee vote was 10 – 5 in favor of passing the bill by indefinitely. Passed by Indefinitely (PBI) is the action to allow a committee to reconsider legislation at a later meeting. If the committee takes no further action, the bill is dead. 
 
The testimony from Kyanite Mining Corporation was pivotable in the shift of several Senate Committee members. This is a testament to the importance and effectiveness of VTCA members advocating for issues that impact their businesses. The passion that members display during these testimonies surely influences decision makers. 
 
The replay of the Senate Committee on Agriculture, Conservation and Natural Resources debate on HB 84 can be viewed here