Official Summary Text
HB2078 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
H.B. 2078
reclamation plans;
aggregate mining; notice
Purpose
Specifies,
retroactive to September 16, 2024, that the statutorily prescribed notice of
proposed aggregate mining unit requirement applies only to new proposed
reclamation plans for aggregate mining operations that are submitted on or
after September 16, 2024, and may be satisfied by providing outlined public
notice.
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: 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; 3)
a description of the aggregate mining unit and the proposed surface
disturbances that will be created; 4) the distance in feet and the direction
from the closest existing occupied residential structures and aggregate mining
facility; 5) a statement that the owner or operator has provided a notice of
the proposed aggregate mining unit 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; and 6) other statutorily
prescribed disclosures. The notice of the proposed aggregate mining unit must
include the name and contact information of the owner's designated
representative who will respond to questions regarding the proposed aggregate
mining unit (
A.R.S.
� 27-1271
).
An
aggregate
mining unit
is an individual portion of an aggregate mining facility that
encompasses one or more surface disturbances.
Reclamation
means measures
that are taken on surface disturbances at exploration operations and aggregate
mining units to achieve stability and safety consistent with post aggregate
mining land use objectives specified in the reclamation plan (
A.R.S.
� 27-1201
).
There is no anticipated fiscal impact to the state
General Fund associated with this legislation.
Provisions
1.
Specifies
that the statutorily prescribed notice of proposed aggregate mining unit
requirement:
a)
applies only to new proposed reclamation plans for new aggregate
operations that are submitted to the State Mine Inspector on or after September
16, 2024; and
b)
may be satisfied by providing prior public notices relating to special
use permitting, rezoning or annexation application or by providing other public
notices associated with the proposed aggregate mining unit if the public
notices were published, distributed or displayed within at least one-half mile
radius of the aggregate mining operation.
2.
Makes technical changes.
3.
Becomes effective on the general effective date, retroactive to
September 16, 2024.
House Action
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Prepared by Senate Research
March 12, 2026
SB/hk
Current Bill Text
Read the full stored bill text
HB2078 - 572R - H Ver
House Engrossed
reclamation plans;
aggregate mining; notice
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2078
AN
ACT
Amending section 27-1271, Arizona
Revised Statutes; RELATING to mining.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 27-1271, Arizona Revised
Statutes, is amended to read:
START_STATUTE
27-1271.
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
aggregate mining unit
to each residential property
owner
owners
whose
property
is
properties are
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
owner's
or operator's
designated representative who will respond to questions regarding the proposed
reclamation plan
aggregate mining unit
.
the notice requirement prescribed by this paragraph:
(
a
) Applies
only to new proposed reclamation plans for new aggregate mining operations that
are submitted to the inspector from and after September 15, 2024.
(
b
) May
be satisfied by providing prior public notices relating to special use
permitting or rezoning or annexation applications or by providing other public
notices associated with the proposed aggregate mining unit if the public
notices were published or distributed or displayed within at least a one-half
mile radius of the aggregate mining operation.
END_STATUTE
Sec. 2.
Retroactivity
This act applies retroactively to from
and after September 15, 2024.