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Chapter 0078 - 572R - H Ver of HB2078
House Engrossed
reclamation plans;
aggregate mining; notice
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
CHAPTER 78
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.
APPROVED BY THE GOVERNOR JUNE 4, 2026.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2026.