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OH SB73
Bill
AI Summary
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Modifies performance security requirements for coal mining operators by allowing those with 5+ years of permit history to provide reduced security ($2,500/acre) with reliance on the reclamation forfeiture fund instead of full estimated reclamation costs.
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Establishes an additional severance tax of 12-16 cents per ton of coal (variable based on reclamation forfeiture fund balance) to fund the reclamation forfeiture fund, which supplements reduced performance security for eligible operators.
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Changes performance security definitions to remove annuities as acceptable financial assurance and requires the state be named the "primary" beneficiary (not "conditional") of trust fund arrangements.
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Clarifies that reclamation plans must include sufficient detail for the state division to estimate reclamation costs if performance security is forfeited, and adjusts subsidence damage liability to require either prepaid insurance or additional performance security.
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Declares the act an emergency measure effective immediately to establish alternate financial security mechanisms for protecting public resources from coal mining damage and subsidence.
Legislative Description
To revise the laws governing coal mining with regard to the imposition of a portion of the severance tax on coal and performance security and reclamation, and to declare an emergency.
Coal mining laws/severance tax/security/reclamation
Last Action
Effective Date
6/15/2009