SF5173

Purpose

• Expand which vehicles and materials require an overweight vehicle special permit.
• Limit local (county or city/town) ordinances that affect aggregate mining or production facilities when certain approvals or studies are in progress.
• Include a legislative audit of the aggregate production tax.
• Provide funding for an aggregate resource inventory.

Main Provisions

• Definition expansion for road construction materials:

  • Includes aggregate material (as defined in state law), hot mix asphalt, plastic concrete, cementitious materials, concrete admixtures, asphalt cement, recycled road materials, and related supplies and equipment used in building real property such as buildings and streets.

• Overweight permit program for six-axle and seven-axle vehicles:

  • Six-axle permits: An annual permit may be issued allowing a vehicle or combination with six or more axles to haul road construction materials. Allowed gross vehicle weight up to 90,000 pounds (and up to 99,000 pounds in certain situations) during the period set by the commissioner.
  • Seven-axle permits: An annual permit may be issued allowing a vehicle or combination with seven or more axles to haul road construction materials. Allowed gross vehicle weight up to 97,000 pounds (and up to 99,000 pounds in certain situations) during the period set by the commissioner.
  • Fees: Six-axle permits cost 300 dollars (or a proportional amount as provided by law); seven-axle permits cost 500 dollars (or a proportional amount as provided by law).

• Restrictions on local ordinances affecting aggregate mining:

  • Counties, home rule charter entities, or statutory cities or towns may not adopt ordinances affecting an aggregate mining or production facility if:
  • An application for a required permit has been submitted but not yet approved or denied; or
  • An environmental impact statement related to the facility is in process.
  • Local ordinances, permits, or regulations cannot be more restrictive than applicable state or federal requirements.

Significant Changes to Law

• Creates an explicit framework to allow heavier, multi-axle vehicles to haul road construction materials under annual overweight permits with defined weight limits and fees.
• Narrowly curtails local government authority over aggregate mining-related rules when permit applications are pending or EIS processes are underway, aligning local actions with state/federal permitting timelines.
• Adds fiscal components related to aggregate resources, including funding for an aggregate resource inventory and a requirement for a legislative audit of the aggregate production tax.

Relevant Terms - overweight vehicle special permit - six-axle vehicles - seven-axle vehicles - gross vehicle weight - road construction materials - aggregate material - aggregate mining - aggregate production facility - environmental impact statement - county home rule charter - statutory city - ordinance restrictions - permit application pending - legislative audit - aggregate resource inventory - road authority - period set by the commissioner - fees (300 dollars, 500 dollars)