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Back to HB2078
Arizona Legislature· HB2078Signed by Governor (Chapter 78)

reclamation plans; aggregate mining; notice, the official text

Shown verbatim: the complete text as captured from the official page posted by the Arizona Legislature, fetched 2026-08-28. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the chaptered version. The official bill page.
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_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] 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.
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