URGENT: OPPOSE H.B. 355 TO PRESERVE LOCAL CONTROL OVER MINING EXPANSION!

STOP H.B. 355: PRESERVE LOCAL CONTROL OVER MINING EXPANSION!

The Issue — Taking Away Local Control Over Mining Projects

During the 2024 Legislative Session, Representative Casey Snider sponsored H.B. 502 Mining And Critical Infrastructure and Mining, an attempt to override local land use authority by preventing local governments from “unreasonably limiting” mines and gravel pits and requiring that they provide water and other utilities for these operations. The concerning provisions were removed and the bill later passed as a study bill to analyze aggregate (sand, gravel, etc.) supply and demand in Utah.

Although the results of the study from H.B. 502 found that there was no looming shortage of aggregate in Utah and recommended land-use decisions remain with local governments, Rep. Snider is sponsoring a new bill that asserts just the opposite. A slightly watered down version of last year’s H.B. 502,  H.B. 355 Mining And Critical Infrastructure Materials Amendments makes it easier for certain gravel pits to expand to any land the company already owns or controls, and to new, contiguous land later acquired, while greatly limiting a local government’s ability to deny the expansion. The bill also repeals requirements for a person claiming a “vested” critical infrastructure materials operation (ex. a gravel pit) to prove the use, and instead requires a person challenging the use to disprove the use.

The Threat of House Bill 355:

H.B. 355 severely limits the decision-making power of local communities when it comes to stopping/mitigating potentially harmful mining projects, which will only put additional pressure on an already over-stretched DAQ to protect the health and safety of our communities.


Fugitive dust emissions from gravel pits can pose significant threats to our health, especially when coupled with dust storms from the exposed Great Salt Lake lakebed. Furthermore, the H.B. 502 study from 2024 found that the Utah Division of Air Quality (DAQ) does not have the resources it needs to increase monitoring and enforcement of air quality standards, which would be absolutely necessary if we were to increase mining activity throughout the state.

Looking Forward:

A substitute version of H.B. 355 has been introduced that makes some small improvements to the original bill. For example, the substitute lowers the burden of proof a local government would need to meet in order to prove that gravel pit expansion poses a threat to public health, safety, and welfare, which would allow a local government to intervene and propose a mitigation plan. However, our underlying concern about the bill chipping away at local authority still remains.

 

While we recognize gravel and other aggregate materials are crucial to building new infrastructure to meet Utah’s growing population needs, planning for our future should not come at the expense of a local government’s ability to protect the health and safety of their communities and environment. 

Take Action!

Contact your legislators and Rep. Snider to voice your concerns about H.B. 355, specifically that it severely limits a community’s ability to challenge the expansion of certain mining projects.

  • Spread the Word: Share this alert with friends, family, and your network. The more people are aware of these threats, the stronger our collective voice.
  • Stay Informed: Follow HEAL Utah for updates and further actions you can take to protect our environment and community.
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