HB18-1301 Summary

• Requires reclamation plans for new or amended mining permits to demonstrate by substantial evidence an end date for any water quality treatment needed to comply with applicable water quality standards.

• Allows the board to approve reclamation plans without an end date only if the permit includes an environmental protection plan and the board makes a written determination that water quality impacts were unforeseen or pre-existing before January 1, 2018.

• Eliminates self-bonding options that allowed mining operators to submit audited financial statements instead of bonds, and requires all reclamation bonds to include financial assurances sufficient to cover water quality protection, treatment, and monitoring costs.

• Requires annual fee payments from applicants using remaining self-insurance provisions to defray the state's costs of establishing and reviewing the financial warranty.

• Takes effect August 8, 2018, subject to referendum petition and voter approval at the November 2018 general election.