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The short-sighted bill prohibits local governments, by ordinance or otherwise, from preventing aggregate mining operations within their jurisdictions unless very serious consequences would result from the extraction of those resources. It specifies that a person seeking to extract natural resources by mining submit to a local unit of government a plan for the proposed extraction, and that plan automatically meets the requirements if an applicant makes a prima facie case that it has done so. This shifts the burden of proof that very serious consequences would occur to the local government challenging proposed aggregate mining activities. The bill also specifies strict limitations on a local unit of government’s ability to regulate traffic, noise, dust, and sound, which could exacerbate environmental justice problems in communities who are already struggling with poor air quality.
Ultimately, SB 431 did not make it to the Senate floor for a vote in the 2019-2020 legislative session.Learn more at legislature.mi.gov