An Act to Suppo1t Extraction of Common Mmerals by Amending the Mame Metallic Mineral Mming Act
Maine Legislature, Session 131, LD 1363
Committee Amendment CA_A_H384 (House)
Amends: 38 MRSA §490-M, 38 MRSA §490-N

COMMITTEE AMENDMENT" A" to HP 877, L.D 1363, "An Act to Suppo1t 
Extraction of Common Mmerals by Amending the Mame Metallic Mineral Mming Act" 
Amend the bill by stnkmg out everything aftei the enactmg clause and msertmg the 
following 
'Sec.1. 38 MRSA §490-MM, sub-§3-A 1s enacted to 1ead 
3-A. Cement. "Cement" means any of various calcined m1xtmes of clay and lnnestone 
that can be mixed with water and used as an mgred1ent m makmg mortar or concrete 
Sec. 2. 38 MRSA §490-MM, sub-§8, as enacted by PL 2011, c 653, §23 and 
affected by §33, 1s amended to read 
8. Metallic mmeral. "Metallic mmeral" means any mineial, ore or excavated material 
to be e*eavated fiom the natural deposits on or m the earth fot rts metalhe auneral eontefit 
to be used for eommere1al or mdustnal purposes "Metalhe mmeial" does not melude 
thom1m 01 uran.mm that has metal or a metalloid element as its econom1cally valuable 
constituent, regardless of the chemical end product of the metal or metalloid element 
Sec. 3. 38 MRSA §490-MM, sub-§11, as enacted by PL 2011, c 653, §23 and 
affected by §33, 1s amended to read 
11. Mmmg, mining operation or mining act1v1ty. "Mmmg," "mmmg operation" 01 
"mmmg act1v1ty" means act1v1t1es, fac1httes or p10cesses necessary f01 the exttact1011 01 
removal of metalhc mmerals or overburden 01 for the pt epai at10n, washmg, cleamng or 
other treatment of metallic mmerals and mcludes the bulk sampling, advanced exp 101 at10n, 
extraction or benefic1at10n of metallic minerals as well as waste storage and other stockpiles 
and reclamation activities, but does not include exploration- or any of the following 
activities 
A The physical extract10n, c1 ushmg, grmding, sortmg, storage or heating of calcium 
carbonate or lunestone to produce cement when such activity 1s subtect to article 6, 
article 8-A or Title 12, chapter 206-A 01 when such activity covets one ac1e or less of 
surface area in total, 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT "A" to H P 877, L D 1363 
B The explorat10n for or physical extraction, crushing, grmdmg, sortmg 01 storage of 
borrow, topsoil, clay or stlt when such activity 1s sub1ect to article 7 or Title 12, chapter 
206-A or when such act1v1ty covers 5 acres 01 less of surface area m total, 
C The exploration for or physical extraction, crushmg, grmdmg, sortmg or storage of 
gemstones, aggregate, dimension stone or other construction mate1 mis fl om a quarry 
that is sub1ect to article 8-A or Title 12, chapter 206-A 01 when such activity covers 
one acre or less of surface area m total, and 
D The explo1ation foi or physical exttact1on, c1ushmg, grmdmg, s01tmg 01 storage of 
any other metalhc mmerals when such act1v1ty has been excluded from the 
requirements of this article pursuant to a determmat1on made by the department under 
sectmn 490-NN. subsectmn 4 
Sec. 4. 38 MRSA §490-NN, sub-§4 1s enacted to read 
4. 
Determmation of applicabibty of Mame Metallic Mmeral Mining Act 
reguirements. As provided m this subsection and followmg the adopt10n of rules by the 
department put suant to this subsect10n, a pe1 son proposmg to conduct exploration for 01 
physical ext1act1on. crushmg, grmdmg. sortmg or storage ofmetalhc mme1als as described 
m section 490-MM, subsection 11, paragraph D may request a wntten dete1mmation ftom 
the department that the requnements of this article do not apply to the activity 
The 
department shall adopt rules governmg the reqmrements for rnsuance of such a 
dete1mmatlon under this subsection, which must mclude, but are not ltmited to 
A Provisions f01 ensurmg that the act1v1ty will generate only mme waste that does not 
have the potential to create acid rock d1amage, alkah rock d1amage or dramage 01 othe1 
discharges that could cause v10lat1ons of water quality cutena or standards othe1 than 
sed1mentat1on or turb1d1ty and will not release or expose i ad1oact1ve or other materials 
that could endanger human health or the environment 
The prov1S1ons under this 
parag1aph must mclude, but are not lumted to, preextraction samplmg requirements, 
B Prov1s1ons fot ensurmg that the act1v1ty, 1f excluded ft om the 1 equn ements of this 
article. 1s sub1ect to regmrements of article 6, article 8-A or Title 12, chapter 206-A as 
applicable, and 
C Prov1s1ons for 1 eqmrmg momtormg as necessaiy to demonstrate compliance with 
applicable standards and to p1 otect water quahty and human health durmg and aftei the 
activity 
An activity excluded from the reqmrements of this article as deteunmed by the department 
pmsuant to this subsect10n 1s not sub1ect to the otherwise applicable reqmrements of this 
article, the otherwise applicable rules adopted pursuant to this article, except for those rules 
adopted by the department put suant to this subsection, 01 the fees fot metallic mmeral 
mmmg set forth m section 352, subsection 4-A Rules adopted by the department putsuant 
to this subsect10n are ma10r substantive rules, as defined m Title 5, chapter 375. subchapter 
2-A 
Sec. 5. 38 MRSA §490-NN, sub-§5 1s enacted to 1ead 
5. Mining excise tax. A person engaging m mmmg act1v1ties put suant to this article 
and a person, pursuant to article 6, a1i1cle 8-A 01 Title 12, chapte1 206-A, engagmg m 
act1V1tles described m sect10n 490-MM, subsection 11, paragraph D followmg a 
COMMITTEE AMENDMENT 
-9S 
COMMITTEE AMENDMENT "A" to HP 877, L D 1363 
detenmnatlon by the department under subsection 4 is sub1ect to the mmmg excise tax 
under Title 36, chaptei 371 
A person engagmg m the activities described m section 
490-MM, subsection 11. paragraphs A to C is not subtect to the mmmg excise tax under 
Title 36, chapter 371 ' 
Amend the bill by relettermg or renumbe1 mg any nonconsecutive Part letter 01 sect10n 
number to read consecutively 
SUMMARY 
This amendment, which is the maJonty report of the committee, replaces the bill Like 
the bill, it amends the defimt1011 of "metalhc mmeral" m the Mame Metallic Mmetal 
Mmmg Act 
It also amends the defimtion of "mmmg" to exclude under specific 
circumstances the physical extract10n, crushing, grmdmg, smtmg, storage or heatmg of 
calcmm cai bonate or limestone to produce cement and the exploration for 01 physical 
extraction, crushmg, grmdmg, sortmg and storage of bonow, topsoil, clay 01 silt and 
gemstones, aggregate, d11nens10n stone or other consti uct1on mate11als from a qua1ry It 
also provides that a person engaging m mmmg actlv1tles pursuant to the Mame Metalhc 
Mmeral Mmmg Act is subject to the mmmg excise tax under the Mame Revised Statutes, 
Title 3 6, chapter 3 71 
The amendment also establishes a mechamsm by wluch a pet son proposing to conduct 
explorat10n for or physical extract10n, crushmg, grmdmg, sorting 01 storage of metalhc 
minerals may request a written determination from the Department of Envu onmental 
Protection that the requirements of the Mame Metallic Mmeral Mmmg Act do not apply to 
the activity The department 1s directed to adopt major substantive rules govemmg such 
determmations, which must require, for such exclusion, that the activity will generate only 
mme waste that does not have the potential to create acid rock dramage, alkah rock dramage 
or diamage or other discharges that could cause v10lations of water quality cnte11a or 
standards other than sedimentat10n or turb1d1ty and will not release or expose rad1oact1ve 
other materials that could endanger human health 01 the envuonment The rules must 
also require that the activity, 1f excluded from the requirements of the Mame Metallic 
Mmeral Minmg Act, is subject to requirements of Title 3 8, chapter 3, subchapter 1, article 
or article 8-A or Title 12, chapter 206-A, as applicable, and the amendment piov1des that 
such activities are subject to the mmmg excise tax under Title 36, chapter 371 
FISCAL NOTE REQUmED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/04/23 flYae 
LD 1363 
LR 420(02) 
An Act to Support Extraction of Common Minerals by Amending the Maine Metallic Mineral Mining 
Act 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment '~ ( H- :> 'b~) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Current bienmum cost increase - Other Special Revenue Funds 
Current bienmum revenue mcrease - Other Special Revenue Funds 
Current b1enmum revenue mcrease - General Fund 
Current b1enmum i evenue mcrease - Mumcipaht1es 
This bill changes the defimt10n of "metallic mineral" to exclude certam activities from the defimt10n of "mmmg" m 
the Mame Metallic Mineral Mmmg Act (MMMMA), allowmg them to continue to be conducted unde1 site location 
or quarry rules issued by the Department of Env1ronmental Protection (DEP) The bill creates a process for 
mdividuals to request a detenmnat10n from DEP that certam activities related to the defimt10n of "metallic mmeral" 
"mmmg" are exempt from prov1S1ons of the MMMMA, but are subJ ect to the prov1S1ons of rules govemmg site 
locat10n or quarries The bill 1eqmres that these exempted act1v1t1es remain subJect to the rmmng excise tax 
This bill will mcrease Other Special Revenue Funds revenue to the DEP from new site location or quarry penmts 
issued If applicants are approved, mmmg excise tax revenues would be received Under current statute, the revenue 
will reunburse mumcipahties and unorgamzed temtones for at least 50%, and 1f sufficiently available 100%, of the 
p1 operty tax revenue loss suffered by that mumc1pahty or unorgamzed temtory as a result of property tax exempt10ns 
created undei the mmmg excise tax statute 25% of any remammg revenues would be paid to DEP for oversight of 
mmmg activity and 75% would be credited to the General Fund 
LR0420(02} - Fiscal Note - Page 1 of 1