Arizona 2024 2024 Regular Session

Arizona House Bill HB2685 Comm Sub / Analysis

Filed 03/19/2024

                    Assigned to NREW 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, Second Regular Session 
 
FACT SHEET FOR H.B. 2685 
 
mine inspector; geological survey; authority 
Purpose 
Requires the Arizona Geological Survey to establish, and the State Geologist to update on 
request of the State Mine Inspector (Inspector), a map and inventory of all known areas that contain 
aggregate resources and all existing aggregate mining facilities in Arizona. Outlines content and 
reporting requirements for a submitted reclamation plan. 
Background 
An owner or operator of an aggregate mining facility may submit a single reclamation plan 
that covers multiple aggregate mining units of an aggregate mining facility. The proposed 
reclamation plan must include outlined information, including ownership information of the area, 
a statement that the owner or operator assumes responsibility for the reclamation of surface 
disturbances, outlined descriptions of the aggregate mining unit, proposed surface disturbances 
and reclamation measures necessary, the estimated cost and a tentative schedule for the 
disturbances and reclamation measures (A.R.S. § 27-1271).  
The Inspector must approve a reclamation plan for aggregate mining units if the plan 
provides for reclamation measures for outlined surface disturbances. In evaluating the reclamation 
plan, the Inspector must consider the technical and economic practicability of the proposed 
reclamation measures, taking into account the site-specific circumstances at the aggregate mining 
unit and the proposed postaggregate mining land use objectives as stated in the reclamation plan. 
The postaggregate mining land use objective stated in the reclamation plan need not be the same 
use of the land that existed before the aggregate mining facility was located on the site (A.R.S.  
§ 27-1273). 
Aggregate means cinder, crushed rock or stone, decomposed granite, gravel, pumice, 
pumicite and sand (A.R.S. § 27-101). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation.  
Provisions 
1. Requires the Arizona Geological Survey to establish a map and inventory of all known areas 
that contain aggregate resources and all existing aggregate mining facilities in the state 
according to county. 
2. Requires the State Geologist, on request of the Inspector, to update the maps and inventories 
of the aggregate resources of the state and include areas of aggregate resources discovered 
since the previous publication.  FACT SHEET 
H.B. 2685 
Page 2 
 
 
3. Requires a submitted reclamation plan to include: 
a) the distance in feet and the direction from the closest occupied residential structures and 
aggregate mining facility, to be measured from the exterior of the occupied residential 
structure to the closest crest of excavation and include any intermediate rights of way 
between the structure and proposed facility; and 
b) a statement that the owner or operator of the mining units has provided a notice of the 
proposed reclamation plan to each residential property owner whose property is located 
within a one-half mile radius of the aggregate mining operation as shown on the current 
property tax roll. 
4. Requires the notice of the proposed reclamation plan to be sent at least 15 days before 
submitting the reclamation plan and include a statement that the residential property owner 
may request a copy of the proposed reclamation plan from the Inspector. 
5. Allows the Inspector, in evaluating the reclamation plan, to consider comments from the State 
Geologist or any elected official. 
6. Makes technical and conforming changes.  
7. Becomes effective on the general effective date.  
House Action 
NREW 2/6/24 DP 10-0-0-0 
3
rd
 Read 2/20/24  57-0-2-0-1 
Prepared by Senate Research 
March 19, 2024 
RA/SDR/slp