Amends TCA Title 68, Chapter 105.

This bill revises various portions of the Blasting Standards Act, as discussed below. STANDARDS (Bill sections 3-5) This bill makes the following adjustments to the maximum allowable ground vibration, as measured in peak particle velocity, for blasting operations: (1) For distances 0 to 300 feet from the blasting site, this bill reduces the maximum allowable particle velocity from 1.25 in/sec to 0.75 in/sec; (2) For distances 301 to 5,000 feet from the blasting site, this bill reduces the maximum allowable particle velocity from 1.00 in/sec to 0.50 in/sec; and (3) For distances 5,001 feet and beyond from the blasting site, this bill reduces the maximum allowable particle velocity from 0.75 in/sec to 0.25 in/sec. This bill revises the graph contained in present law that blasters may use to limit peak particle velocity based on the frequency of blast vibration. This bill also removes the scaled distance equation requirements presently available to a blaster who has not used a seismograph to ensure compliance with peak particle velocity limits. This bill removes a decibel limitation on blasting. Additionally, this bill removes provisions governing estimating the peak particle velocity at a particular location. This bill increases the minimum age for an individual to be eligible for registration as a blaster or limited blaster from 21 to 25 years old. Similarly, this bill increases the minimum age for an individual to be eligible for registration as an explosives handler from 18 to 21 years old. Present law requires the responsible blasting firm to offer at no charge a pre-blast survey to any dwelling house, school, public building, church, commercial, or institutional building within 300 feet of any blast hole. The offer must be made at least 72 hours prior to commencement of blasting operations, and all survey work must be completed prior to blasting. Permanent blasting operations are exempted from this requirement. This bill increases the range from the blast hole for purposes of these pre-blast surveys from 300 feet to 1,000 feet. PERMANENT BLASTING LOCATIONS (Bill sections 1 and 6) Present law requires a blasting operation that is in a permanent location (such as a quarry or mine) to submit a one-time notice of the blasting location with the department of commerce and insurance. This bill increases the frequency of notification to require annual notice to the department. Present law considers blasting operations at permanent sites to be within the limits of peak particle velocity and frequency if, on at least five blasts, instrumentation has shown activity within the limits. Present law also requires that periodic seismic monitoring be employed to ensure continued compliance. This bill removes these provisions. This bill requires that updated vibration waveform results be used in blasting operations at permanent quarries to calculate frequency using Fast Fourier Transform. Additionally, this bill requires operators of permanent quarries to transmit blasting data to the department within 24 hours of firing a blast, and requires the department to make the information publicly available. Effective January 1, 2022, this bill provides an exception to violations of the particle velocity limits for a blaster who: (1) Fires a single blast in violation of the particle velocity limits; (2) Makes vibration monitoring results for every blast available for inspection; and (3) Takes the proper steps to reduce vibration in subsequent blasts. PENALTIES (Bill sections 2 and 7) Present law imposes a fine of $100 for a first failure to notify the department of commerce and insurance of a blasting location and time period. Subsequent failures result in $500 fines. Under present law, the commissioner may waive the fines for good cause. This bill increases the fine amount for a first failure to give notice of a blasting location to $500, thereby making the fine the same regardless of whether it is a first or subsequent violation. Beginning January 1, 2022, this bill increases the fine to $1,000 for a second or subsequent violation. This bill also removes the waiver provision. This bill increases the civil penalties for violations of the Blasting Standards Act or rules promulgated under the Act from $2,500 to $5,000 for individuals and from $5,000 to $20,000 for firms. INSURANCE: (Bill sections 8 and 9) Present law requires the following to hold a minimum of $1 million in insurance coverage during all blasting operations: (1) An individual applying for or renewing a firm registration certificate; and (2) A registered blaster or limited blaster who is not a full-time employee of a registered firm. This bill increases the minimum insurance required for both parties from $1 million to $5 million. COUNCIL (Bill section 10) This bill abolishes the advisory council on the commercial explosives industry within the department of commerce and insurance.