Arizona 2024 Regular Session

Arizona House Bill HB2685 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Senate Engrossed House Bill mine inspector; geological survey; authority State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 CHAPTER 187 HOUSE BILL 2685 An Act amending title 27, chapter 1, article 1, Arizona Revised Statutes, by adding section 27-112; amending sections 27-1271 and 27-1273, Arizona Revised Statutes; relating to mining. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	Senate Engrossed House Bill mine inspector; geological survey; authority State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HOUSE BILL 2685 An Act amending title 27, chapter 1, article 1, Arizona Revised Statutes, by adding section 27-112; amending sections 27-1271 and 27-1273, Arizona Revised Statutes; relating to mining. (TEXT OF BILL BEGINS ON NEXT PAGE)
	2	+
	3	+
2	4
3	5
4	6
5	7
6	8
7	9		Senate Engrossed House Bill mine inspector; geological survey; authority
8	10		State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
9		-	CHAPTER 187
10	11		HOUSE BILL 2685
11	12
12	13		Senate Engrossed House Bill
13	14
14	15
15	16
16	17		mine inspector; geological survey; authority
17	18
18	19
19	20
20	21
21	22
22	23
23	24
24	25
25	26
26	27		State of Arizona
27	28
28	29		House of Representatives
29	30
30	31		Fifty-sixth Legislature
31	32
32	33		Second Regular Session
33	34
34	35		2024
35	36
36	37
37	38
38	39
39	40
40	41
41	42
42		-	~~CHAPTER 187~~
	43	+	HOUSE BILL 2685
43	44
44	45
45		-
46		-	HOUSE BILL 2685
47	46
48	47
49	48
50	49
51	50
52	51
53	52
54	53		An Act
55	54
56	55
57	56
58	57		amending title 27, chapter 1, article 1, Arizona Revised Statutes, by adding section 27-112; amending sections 27-1271 and 27-1273, Arizona Revised Statutes; relating to mining.
59	58
60	59
61	60
62	61
63	62
64	63		(TEXT OF BILL BEGINS ON NEXT PAGE)
65	64
66	65
67	66
68	67		Be it enacted by the Legislature of the State of Arizona: Section 1. Title 27, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 27-112, to read: START_STATUTE27-112. Mapping; inventory; aggregate resources A. The Arizona geological survey shall establish a map and inventory of all known areas that contain aggregate resources and all existing aggregate mining facilities in this state according to county. B. On request of the state mine inspector, the state geologist shall update the maps and inventories of the aggregate resources of this state and include areas of aggregate resources discovered since the previous publication. END_STATUTE Sec. 2. Section 27-1271, Arizona Revised Statutes, is amended to read: START_STATUTE27-1271. Submission and contents of reclamation plan A. Beginning January 1, 2006, an owner or operator may submit a single reclamation plan that covers multiple aggregate mining units of an aggregate mining facility. B. The proposed reclamation plan shall include: 1. The names and addresses of the owner or operator and an individual who will be the regulatory contact. 2. A statement that the owner or operator assumes responsibility for the reclamation of surface disturbances that are attributable to the aggregate mining unit consistent with this chapter and the rules adopted pursuant to this chapter. 3. The current ownership and use of the land included in the aggregate mining unit. 4. The proposed postaggregate mining use of the land. 5. A description of the aggregate mining unit and the proposed surface disturbances that will be created. 6. The existing and proposed final topography, including the final slopes or configuration of overburden or waste rock stockpiles and fine areas. 7. A narrative description of roads that are proposed for the aggregate mining unit. 8. The acreage affected by each type of surface disturbance and a map of the aggregate mining unit area showing each surface disturbance. For previously undisturbed areas, the map shall identify any types of fish and wildlife habitats that will be disturbed. 9. The proposed reclamation measures that are necessary to achieve the postaggregate mining land use, including information concerning: (a) The measures that will be taken to restrict public access to pits and other surface features that may be a hazard to public safety. (b) The measures that will be taken to address erosion control and stability. (c) The measures that will be taken to address revegetation, conservation and the care and monitoring of revegetated areas as provided in this chapter. (d) For surface disturbances for which the proposed postaggregate mining land use objective is designated as grazing, fish or wildlife habitat, forestry or recreation, the type of wildlife or fish habitat to be encouraged, including measures that will be taken to encourage that type of wildlife or fish habitat, and that those measures will not be incompatible with the fish or wildlife habitat on adjacent lands. 10. A proposed tentative schedule for beginning surface disturbances and beginning and completing the reclamation measures. 11. The estimated costs to perform each of the proposed reclamation measures for the purposes of determining financial assurance requirements under article 5 of this chapter. 12. the distance in feet and the direction from the closest existing OCCUPIED RESIDENTIAL structures and AGGREGATE mining facility. For the PURPOSES of this paragraph, the distance shall be measured from the exterior of the occupied RESIDENTIAL STRUCTURE to the closest crest of excavation and includes any intermediate rights of way between the STRUCTURE and proposed FACILITY. 13. A STATEMENT THAT THE OWNER OR OPERATOR 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. THE NOTICE shall include the name and contact information of the owner or operator's designated representative who will respond to questions regarding the proposed reclamation plan. END_STATUTE Sec. 3. Section 27-1273, Arizona Revised Statutes, is amended to read: START_STATUTE27-1273. Approval; criteria A. The state mine inspector shall approve a reclamation plan for aggregate mining units if the plan provides for reclamation measures for surface disturbances that are: 1. Necessary to achieve a safe and stable condition suitable for the postaggregate mining land use objectives stated in the reclamation plan. 2. Compatible with good engineering practices regarding erosion control and seismic activity for the applicable seismic zone. B. In evaluating the reclamation plan, the inspector shall 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, including: 1. Grazing and other agricultural land use objectives. 2. Developed water resources, water management projects and planned and existing underground water storage facilities. 3. Fish or wildlife habitat. 4. Forestry. 5. Historic preservation. 6. Industrial or commercial uses, including tourism. 7. Recreational uses. 8. Residential uses. 9. Scientific or educational uses. 10. Aggregate mining or remining, except that the proposed postaggregate mining use of aggregate mining or remining does not relieve an owner or operator from complying with or implementing the reclamation plan requirements under this chapter. 11. Water course channelization. 12. Other appropriate postaggregate mining land use objectives. c. In evaluating the reclamation plan, the inspector may consider comments from the state GEOLOGIST or any ELECTED OFFICIAL. C. d. 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. END_STATUTE
69	68
70	69		Be it enacted by the Legislature of the State of Arizona:
71	70
72	71		Section 1. Title 27, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 27-112, to read:
73	72
74	73		START_STATUTE27-112. Mapping; inventory; aggregate resources
75	74
76	75		A. The Arizona geological survey shall establish a map and inventory of all known areas that contain aggregate resources and all existing aggregate mining facilities in this state according to county.
77	76
78	77		B. On request of the state mine inspector, the state geologist shall update the maps and inventories of the aggregate resources of this state and include areas of aggregate resources discovered since the previous publication. END_STATUTE
79	78
80	79		Sec. 2. Section 27-1271, Arizona Revised Statutes, is amended to read:
81	80
82	81		START_STATUTE27-1271. Submission and contents of reclamation plan
83	82
84	83		A. Beginning January 1, 2006, an owner or operator may submit a single reclamation plan that covers multiple aggregate mining units of an aggregate mining facility.
85	84
86	85		B. The proposed reclamation plan shall include:
87	86
88	87		1. The names and addresses of the owner or operator and an individual who will be the regulatory contact.
89	88
90	89		2. A statement that the owner or operator assumes responsibility for the reclamation of surface disturbances that are attributable to the aggregate mining unit consistent with this chapter and the rules adopted pursuant to this chapter.
91	90
92	91		3. The current ownership and use of the land included in the aggregate mining unit.
93	92
94	93		4. The proposed postaggregate mining use of the land.
95	94
96	95		5. A description of the aggregate mining unit and the proposed surface disturbances that will be created.
97	96
98	97		6. The existing and proposed final topography, including the final slopes or configuration of overburden or waste rock stockpiles and fine areas.
99	98
100	99		7. A narrative description of roads that are proposed for the aggregate mining unit.
101	100
102	101		8. The acreage affected by each type of surface disturbance and a map of the aggregate mining unit area showing each surface disturbance. For previously undisturbed areas, the map shall identify any types of fish and wildlife habitats that will be disturbed.
103	102
104	103		9. The proposed reclamation measures that are necessary to achieve the postaggregate mining land use, including information concerning:
105	104
106	105		(a) The measures that will be taken to restrict public access to pits and other surface features that may be a hazard to public safety.
107	106
108	107		(b) The measures that will be taken to address erosion control and stability.
109	108
110	109		(c) The measures that will be taken to address revegetation, conservation and the care and monitoring of revegetated areas as provided in this chapter.
111	110
112	111		(d) For surface disturbances for which the proposed postaggregate mining land use objective is designated as grazing, fish or wildlife habitat, forestry or recreation, the type of wildlife or fish habitat to be encouraged, including measures that will be taken to encourage that type of wildlife or fish habitat, and that those measures will not be incompatible with the fish or wildlife habitat on adjacent lands.
113	112
114	113		10. A proposed tentative schedule for beginning surface disturbances and beginning and completing the reclamation measures.
115	114
116	115		11. The estimated costs to perform each of the proposed reclamation measures for the purposes of determining financial assurance requirements under article 5 of this chapter.
117	116
118	117		12. the distance in feet and the direction from the closest existing OCCUPIED RESIDENTIAL structures and AGGREGATE mining facility. For the PURPOSES of this paragraph, the distance shall be measured from the exterior of the occupied RESIDENTIAL STRUCTURE to the closest crest of excavation and includes any intermediate rights of way between the STRUCTURE and proposed FACILITY.
119	118
120	119		13. A STATEMENT THAT THE OWNER OR OPERATOR 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. THE NOTICE shall include the name and contact information of the owner or operator's designated representative who will respond to questions regarding the proposed reclamation plan. END_STATUTE
121	120
122	121		Sec. 3. Section 27-1273, Arizona Revised Statutes, is amended to read:
123	122
124	123		START_STATUTE27-1273. Approval; criteria
125	124
126	125		A. The state mine inspector shall approve a reclamation plan for aggregate mining units if the plan provides for reclamation measures for surface disturbances that are:
127	126
128	127		1. Necessary to achieve a safe and stable condition suitable for the postaggregate mining land use objectives stated in the reclamation plan.
129	128
130	129		2. Compatible with good engineering practices regarding erosion control and seismic activity for the applicable seismic zone.
131	130
132	131		B. In evaluating the reclamation plan, the inspector shall 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, including:
133	132
134	133		1. Grazing and other agricultural land use objectives.
135	134
136	135		2. Developed water resources, water management projects and planned and existing underground water storage facilities.
137	136
138	137		3. Fish or wildlife habitat.
139	138
140	139		4. Forestry.
141	140
142	141		5. Historic preservation.
143	142
144	143		6. Industrial or commercial uses, including tourism.
145	144
146	145		7. Recreational uses.
147	146
148	147		8. Residential uses.
149	148
150	149		9. Scientific or educational uses.
151	150
152	151		10. Aggregate mining or remining, except that the proposed postaggregate mining use of aggregate mining or remining does not relieve an owner or operator from complying with or implementing the reclamation plan requirements under this chapter.
153	152
154	153		11. Water course channelization.
155	154
156	155		12. Other appropriate postaggregate mining land use objectives.
157	156
158	157		c. In evaluating the reclamation plan, the inspector may consider comments from the state GEOLOGIST or any ELECTED OFFICIAL.
159	158
160	159		C. d. 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. END_STATUTE
161		-
162		-	APPROVED BY THE GOVERNOR MAY 6, 2024. FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 6, 2024.
163		-
164		-
165		-
166		-
167		-
168		-
169		-
170		-	APPROVED BY THE GOVERNOR MAY 6, 2024.
171		-
172		-
173		-
174		-	FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 6, 2024.