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Committee removes SB71 from the table and advances bill to continue DEQ mining program funding

2742569 · March 21, 2025
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Summary

After removing Senate Bill 71 from the table, the committee heard from DEQ Director Nowakowski and advanced the bill by voice vote. Director Nowakowski said the NRO special revenue funds are needed to continue mining-bureau operations and that DEQ does not have a surplus.

The Senate Natural Resources Committee removed Senate Bill 71 from the table and, after discussion and testimony, advanced the bill by voice vote to continue Natural Resource Operations (NRO) funding that supports mining-bureau operations at the Department of Environmental Quality.

Senator Cuff moved to remove SB71 from the table and later moved a "do pass" recommendation on the bill after committee members raised questions. The committee recorded a vote to remove the bill from the table (the clerk announced "9 voting yes and 2 voting no"). The committee then invited DEQ Director Nowakowski to the podium to answer questions.

Director Nowakowski told the committee, "No. We do not have a surplus at the DEQ," when asked whether DEQ had uncommitted funds. She explained that NRO money is used to operate the mining bureau and that the bureau is funded through a combination of NRO and general fund. She told senators the bill extends the NRO funding timeline to allow continued permitting and program operation while the Legislature considers separate mining-fee legislation under development: "This bill simply extends the N.R.O. money so we can continue on to fund the mining program and issue our permits," she said. She added the extension gives the department time to determine whether future fee collections will make the NRO backfill unnecessary.

Committee members asked whether the bill represented a new tax or fee. Senators and the director characterized the measure as a continuation of existing special revenue funds, not a new tax, and noted a fiscal note accompanies the bill. After discussion the committee approved SB71 by voice vote; proxy votes were recorded for some members.

Ending: SB71 was advanced to the floor with committee members noting the department's reliance on NRO funds to maintain permitting and mining-bureau operations. Committee members said they expect further discussion on mining fees and fiscal details on the Senate floor.