| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to reducing regulatory burdens on small producers of infrastructure materials; |
| Bill Description | Reducing regulatory burdens on small producers of infrastructure materials. |
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What this bill does
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House Bill 2454 amends the definitions section of existing law (RCW 78.44.031) governing surface mining and reclamation. The bill revises and restates many defined terms used by the Department of Natural Resources, including "segment," "surface mine," "disturbed area," "reclamation," "operations," "permit holder," "minerals," "topsoil," and others. Key numeric thresholds in the amended text include a "segment" being larger than seven acres and having more than 500 linear feet of working face (unless a department-approved segmental reclamation agreement applies); a "surface mine" being triggered by more than seven acres of disturbed area, slopes over 30 feet high and steeper than 1.0:1.0, or more than one acre of disturbance within an eight-acre area for prospecting/exploration; and "topsoil" including sediments within four vertical feet of ground surface. The definition of "disturbed area" is detailed and lists specific exclusions, including certain access roads and lands reclaimed to applicable standards.
This is a modification of existing law (a definitional amendment), not the creation of a new crime or change to criminal penalties. The amendment references the Department of Natural Resources, local land use authorities, SEPA (chapter 43.21C RCW), and RCW 79A.05.630 for a sand exclusion, and it was read for the first time on January 13, 2026 and referred to the House Committee on Agriculture & Natural Resources. The provided text covers only the amended RCW 78.44.031 definitions; other parts of House Bill 2454, related procedural details, and the full statutory context (including "this chapter," departmental rules, and approved reclamation plans) are not included here.
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Why it matters
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If enacted, the bill sets clearer size and shape tests for when ground disturbances count as a "segment" or a "surface mine"—using a seven‑acre threshold and a 500‑foot working face test—and expands the legal definition of topsoil to include sediments within four vertical feet. Practically, that means many very small pits or short-lived exploration digs may no longer meet the statutory triggers for segment classification or a surface‑mine designation, while operations that meet the larger thresholds must follow the stated reclamation and setback rules; access roads are generally excluded unless the Department of Natural Resources decides reclamation is needed.
The groups most affected are miners and permit holders, who may see reduced permitting and reclamation obligations for smaller sites but could face stronger obligations to preserve and replace a deeper layer of topsoil and to comply with the department’s discretion on segmental reclamation agreements and road reclamation. The Department of Natural Resources gains clearer criteria and ongoing discretion, and local land use authorities keep the role of approving post‑mining uses. Important implementation details about how permits, enforcement, timing, and costs will change are not in the provided text.
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| Official Documents | View Full Bill Text |
| Representative Engell (Primary) |
| Hearing | House Agriculture & Natural Resources (Public) |