Nevada 2023 Regular Session Status: In Committee

AB 313 — Revises provisions relating to mining reclamation. (BDR 46-590)

Last action — (No further action taken.)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

523 added · 529 removed

523 line(s) added, 529 removed.

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A.B.
EXEMPT (Reprinted with amendments adopted on April 21, 2023) FIRST REPRINT A.B.
requiring an operator of a mining operation to submit a revised plan for reclamation under certain circumstances;
requiring certain state agencies to prepare reports relating to certain impacts of pit lakes and mining;
(NRS 519A.210) Section 3 of this bill requires an operator of a mining operation to submit a revised plan for reclamation if:
(NRS 519A.210) Section 4 of this bill requires that if an open pit will be excavated below the premining water table, a plan for reclamation must, with certain exceptions, provide for the backfilling of the open pit to a level where no pit lake will form and no seasonal or permanent wetland will exist.
(1) the operator is renewing a permit for the control of water pollution or requesting a major modification to a permit to engage in a mining operation;
Section 2 of this bill defines “pit lake.” from this requirement.s that an operator may apply to the Division for an exception Section 6 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.
and (2) the renewal or modification will impact the plan for reclamation requirements for a plan for reclamation.cation, the plan is not consistent with the Section 4 of this bill requires that if an open pit will be excavated below the premining water table, a plan for reclamation must, with certain exceptions, provide for the backfilling of the open pit to a level where no pit lake will form and no seasonal or permanent wetland will exist.
Sections 14 and 15 of this bill make conforming changes to indicate that certain provisions governing violations and penalties relating to a plan for reclamation are applicable to the provisions of sections 2 and 4.
Section 2 of this bill defines “pit lake.” Section 4 also provides that an operator may apply to the Division for an exception froSection 6 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.
exploration project or mining operation must agree to assume responsibility for the reclamation of any surface area or land, respectively, damaged as a result of the exploration project or mining operation.
Sections 14 and 15 of this bill make conforming changes to indicate that certain provisions governing violations and penalties relating to a plan for reclamation are applicable to the provisions of sections 2, 3 and 4.
(NRS 519A.190, 519A.210) Sections 9 and 10 of this bill require such a person to also agree to assume responsibility for the reclamation of any surface water and groundwater affected as a result of the exploration project or mining operation.
Under existing law, a person who submits an application to engage in an exploration project or mining operation must agree to assume responsibility for the - *AB313* – 2 – exploration project or mining operation.
Section 12 of this bill requires a plan for - *AB313_R1* – 2 – reclamation to provide for the reclamation and restoration of affected surface water and groundwater.
(NRS 519A.190, 519A.210) Sections 9f the and 10 of this bill require such a person to also agree to assume responsibility for the reclamation of any surface water and groundwater affected as a result of the exploration project or mining operation.
Section 12 of this bill requires a plan for reclamation to provide for the reclamation and restoration of affected surface water and groundwater.
actions performed during or after an exploration project or mining operationnclude relating to surface water and groundwater.
Section 8 of this bill revises the definition of the term “reclamation” to include actions performed during or after an exploration project or mining operation relating to surface water and groundwater.
Existing law requires the Division to develop a checklist to be completed by applicants for a permit to engage in a mining operation, which must include certain information relating to the plan for reclamation.
applicants for a permit to engage in a mining operation, which must include certain information relating to the plan for reclamation.
Division grant an exception from reclamation requirements for open pits and rock faces which may not be feasible to reclaim.
Existing law authorizes an operator of a mining operation to request that the Division grant an exception from reclamation requirements for open pits and rock that an operator may request an exception for open pits and rock faces only if no pit lake is anticipated to result from the mining operation.
(NRS 519A.230) Section 12 provides that an operator may request an exception for open pits and rock faces only if no pit lake is anticipated to result from the mining operation.
Existing law requires each operator of a mining operation or exploration project to submit an annual report to the Administrator of the Division relating to the status and production of all mining operations and exploration projects in which the operator has engaged and identifying each acre of land affected and land reclaimed by that mining operation or exploration project through the preceding calendar acre and include in the map all disturbances by such mining operations andach such exploration projects to:
Under existing law, with certain exceptions, if a pit lake will have a predicted filled surface area of more than 200 acres, the plan for reclamation must provide for at least one point of public nonmotorized access to the water level of the pit lake when the pit in which the pit lake is located reaches at least 90 percent of its predicted maximum capacity.
(NRS 519A.230) Section 12 instead provides that the predicted filled surface area of more than 85 acres.cess if a pit lake will have a Existing law requires each operator of a mining operation or exploration project to submit an annual report to the Administrator of the Division relating to the status and production of all mining operations and exploration projects in which the operator has engaged and identifying each acre of land affected and land reclaimed by that mining operation or exploration project through the preceding calendar year.
(NRS 519A.260) Section 13 of this bill requires an operator to map each such acre and include in the map all disturbances by such mining operations and exploration projects to:
and (2) the quality and quantity of the surConsistent with the changes of sections 2-13 of this bill pertaining to reclamation of surface water and groundwater, section 5 of this bill makes a conforming change to revise the legislative declaration to provide that proper reclamation is necessary to prevent undesirable land, surface water and groundwater conditions.
and (2) the quality and quantity of the surface water and groundwater.
- *AB313* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Consistent with the changes of sections 2-13 of this bill pertaining to reclamation of surface water and groundwater, section 5 of this bill makes a conforming change to revise the legislative declaration to provide that proper reclamation is necessary to prevent undesirable land, surface water and groundwater conditions.
be submitted to the Joint Interim Standing Committee on Natural Resources by:
(1)t to the Division of Minerals of the Commission on Mineral Resources in coordination with the Division of Environmental Protection regarding certain impacts of pit lakes;
and (2) the Department of Wildlife regarding the impacts of mining on wildlife and habitats in this State.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Chapter 519A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Chapter 519A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 4 of this act.
An operator of a mining operation must submit a revised plan for reclamation if:
(Deleted by amendment.) - *AB313_R1* – 3 – Sec.
1.
The operator:
(a) Renews his or her permit for the control of water pollution issued pursuant to NRS 445A.300 to 445A.730, inclusive;
or (b) Requests a major modification to his or her permit to engage in a mining operation issued pursuant to NRS 519A.210;
and 2.
At the time of the renewal or modification of the permit, the plan for reclamation is:
(a) Impacted by the renewal or modification;
or (b) Not consistent with the requirements for a plan for reclamation set forth in NRS 519A.010 to 519A.280, inclusive, and sections 2, 3 and 4 of this act.
Sec.
An operator of a mining operation may apply to the submitting an application for an exception, the operator must In demonstrate:
An operator of a mining operation may apply to the Division for an exception to the requirement of subsection 1.
(a) For a new permit to engage in a mining operation or a request for a major modification to an existing permit to engage in a mining operation, by clear and convincing evidence that backfilling the open pit is technically not possible without indefinite long-term management to avoid groundwater degradation;
In submitting an application for an exception, the operator must demonstrate:
and (b) If submitted at the time of a renewal of a permit for the control of water pollution pursuant to section 3 of this act:
(a) For an application for a permit to engage in a mining operation submitted on or after January 1, 2025, by clear and convincing evidence that backfilling the open pit is technically not possible without indefinite long-term management to avoid groundwater degradation;
(1) By clear and convincing evidence, that backfilling the open pit is technically not possible without indefinite long-term management to avoid groundwater degradation;
or (b) By a preponderance of the evidence, that backfilling the open pit would result in undue hardship on the operator because the plan for the mining operation would be unprofitable.
or - *AB313* – 4 – (2) By a preponderance of the evidence, that backfilling the open pit would result in undue hardship on the operator.
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and (b) May not take the economics of the operator into consideration when determining whether to approve or deny the application.
and (b) May contract with an independent consultant to assist in reviewing the application for an exception submitted pursuant to subsection 2.
519A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 519A.030 to 519A.130, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
519A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 519A.030 to - *AB313_R1* – 4 – 519A.130, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
519A.100 “Reclamation” means actions performed during or after an exploration project or mining operation to shape, stabilize, revegetate or otherwise treat the land , surface water and groundwater in order to return it to a safe, stable condition consistent with the establishment of a productive postmining use of - *AB313* – 5 – the land , surface water and groundwater and the abandonment of a facility in a manner which ensures the public safety, as well as the encouragement of techniques which minimize the adverse visual effects.
519A.100 “Reclamation” means actions performed during or after an exploration project or mining operation to shape, stabilize, revegetate or otherwise treat the land , surface water and groundwater in order to return it to a safe, stable condition consistent with the establishment of a productive postmining use of the land , surface water and groundwater and the abandonment of a facility in a manner which ensures the public safety, as well as the encouragement of techniques which minimize the adverse visual effects.
(b) Pay to the Division the application fee established in the regulations adopted by the Commission pursuant to NRS 519A.160.
- *AB313_R1* – 5 – (b) Pay to the Division the application fee established in the regulations adopted by the Commission pursuant to NRS 519A.160.
(b) For an applicant who is a corporation or other business entity, any person who has a controlling interest in the corporation - *AB313* – 6 – or business entity has or previously had a controlling interest in another corporation or business entity that defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280;
(b) For an applicant who is a corporation or other business entity, any person who has a controlling interest in the corporation or business entity has or previously had a controlling interest in another corporation or business entity that defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280;
The Division may issue a permit to engage in an exploration project pursuant to this section to an applicant described in paragraph (c) of subsection 2 if the applicant demonstrates to the Division that the applicant or person who has a controlling interest in the corporation or business entity has remedied all issues related to the reclamation of the exploration project outside of this State and becomes in good standing with all agencies of the other state and federal agencies in relation to the reclamation of the exploration project.
The Division may issue a permit to engage in an exploration project pursuant to this section to an applicant described in paragraph (c) of subsection 2 if the applicant demonstrates to the Division that the applicant or person who has a controlling interest in the corporation or business entity has remedied all issues related to the reclamation of the exploration project outside of this State and becomes in good standing with all agencies of the other state and - *AB313_R1* – 6 – federal agencies in relation to the reclamation of the exploration project.
The term does not include a person designated to act as a proxy, including, without limitation, an agent, bank, broker, nominee or custodian, for one or more persons who own voting stock unless the - *AB313* – 7 – proxy otherwise has the power to direct the management or determine the policy of the corporation or business entity.
The term does not include a person designated to act as a proxy, including, without limitation, an agent, bank, broker, nominee or custodian, for one or more persons who own voting stock unless the proxy otherwise has the power to direct the management or determine the policy of the corporation or business entity.
(d) File with the Division a bond or other surety in a form and amount required by the regulations adopted by the Commission pursuant to NRS 519A.160.
- *AB313_R1* – 7 – (d) File with the Division a bond or other surety in a form and amount required by the regulations adopted by the Commission pursuant to NRS 519A.160.
(b) For an applicant who is a corporation or other business entity, any person who has a controlling interest in the corporation or business entity has or previously had a controlling interest in - *AB313* – 8 – another corporation or business entity that defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280;
(b) For an applicant who is a corporation or other business entity, any person who has a controlling interest in the corporation or business entity has or previously had a controlling interest in another corporation or business entity that defaulted on any obligation relating to reclamation pursuant to this chapter, including, without limitation, by forfeiting a surety or failing to pay the full costs of reclamation or any penalty assessed pursuant to NRS 519A.280;
The Division may issue a permit to engage in a mining operation pursuant to this section to an applicant described in paragraph (c) of subsection 2 if the applicant demonstrates to the Division that the applicant or person who has a controlling interest in the corporation or business entity has remedied all issues related to the reclamation of the mining operation outside of this State and becomes in good standing with all agencies of the other state and federal agencies in relation to the reclamation of the mining operation.
The Division may issue a permit to engage in a mining operation pursuant to this section to an applicant described in paragraph (c) of subsection 2 if the applicant demonstrates to the Division that the applicant or person who has a controlling interest in the corporation or business entity has remedied all issues related to the reclamation of the mining operation outside of this State and becomes in good standing with all agencies of the other state and - *AB313_R1* – 8 – federal agencies in relation to the reclamation of the mining operation.
- *AB313* – 9 – Sec.
Sec.
2.
- *AB313_R1* – 9 – 2.
- *AB313* – 10 – (c) For the reclamation of all land disturbed by the exploration project or mining operation to a stability comparable to that of adjacent areas.
(c) For the reclamation of all land disturbed by the exploration project or mining operation to a stability comparable to that of adjacent areas.
Except as otherwise provided in this subsection, for a pit lake that will have a predicted filled surface area of more than [200] 85 acres, a plan for reclamation must provide, in consultation with the operator and each landowner, including any federal land manager, and, if feasible, for at least one point of public nonmotorized access to the water level of the pit lake when the pit in which the pit lake is located reaches at least 90 percent of its predicted maximum capacity.
Except as otherwise provided in this subsection, for a pit lake that will have a predicted filled surface area of more than 200 acres, a plan for reclamation must provide, in consultation with the operator and each landowner, including any federal land manager, and, if feasible, for at least one point of public nonmotorized access to the water level of the pit lake when the pit in which the pit lake is located reaches at least 90 percent of its predicted maximum capacity.
and (c) Does not alter any contract or agreement entered into before October 1, 2013, between an operator and a landowner, including any federal land manager.
and - *AB313_R1* – 10 – (c) Does not alter any contract or agreement entered into before October 1, 2013, between an operator and a landowner, including any federal land manager.
The provisions of this - *AB313* – 11 – subsection do not confer any liability upon a protected person for any injury to any other person or property, whether actual or implied, or create a duty of care or ground of liability for any injury to any person or property.
The provisions of this subsection do not confer any liability upon a protected person for any injury to any other person or property, whether actual or implied, or create a duty of care or ground of liability for any injury to any person or property.
Sec.
- *AB313_R1* – 11 – Sec.
and - *AB313* – 12 – [(b)] (2) Five dollars and fifty cents for each acre of privately owned land, which has been disturbed by mining operations or exploration projects engaged in by the operator and not reclaimed.
and [(b)] (2) Five dollars and fifty cents for each acre of privately owned land, which has been disturbed by mining operations or exploration projects engaged in by the operator and not reclaimed.
519A.270 If the Division has reason to believe that any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2, 3 and 4 of this act, a plan for reclamation, any condition placed on a plan for reclamation or any regulation adopted by the Commission pursuant to NRS 519A.160, has been violated, the Division shall serve a notice of noncompliance upon the holder of the permit.
519A.270 If the Division has reason to believe that any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 and 4 of this act, a plan for reclamation, any condition placed on a plan for reclamation or any regulation adopted by the Commission pursuant to NRS 519A.160, has been violated, the Division shall serve a notice of noncompliance upon the holder of the permit.
and 3.
and - *AB313_R1* – 12 – 3.
Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2, 3 and 4 of this act or any regulation adopted by the Commission pursuant to NRS 519A.160, is guilty of a misdemeanor and, in addition to any criminal penalty, is subject to a civil penalty imposed by the Division at a hearing for which notice has been given, in an amount determined pursuant to the schedule adopted by the Commission pursuant to NRS 519A.160.
Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 and 4 of this act or any regulation adopted by the Commission pursuant to NRS 519A.160, is guilty of a misdemeanor and, in addition to any criminal penalty, is subject to a civil penalty imposed by the Division at a hearing for which notice has been given, in an amount determined pursuant to the schedule adopted by the Commission pursuant to NRS 519A.160.
All interest earned on the - *AB313* – 13 – money credited pursuant to this section must be credited to the account to which the money was credited.
All interest earned on the money credited pursuant to this section must be credited to the account to which the money was credited.
In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2, 3 and 4 of this to those sections, by injunction or other appropriate remedy.
In addition to any other remedy provided by this chapter, the Division may compel compliance with any provision of NRS 519A.010 to 519A.280, inclusive, and sections 2 and 4 of this act or of any regulation adopted or permit or order issued pursuant to those sections, by injunction or other appropriate remedy.
Thent Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
The Division may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
H - *AB313*
Sec.
16.
On or before August 1, 2025:
1.
The Division of Minerals of the Commission on Mineral Resources and the Division of Environmental Protection of the State Department of Conservation and Natural Resources shall coordinate to prepare and submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Natural Resources, which must include, without limitation, an analysis of the impact of pit lakes on:
(a) Water in this State, including, without limitation, evaporative losses, surface water and groundwater and hydrologic impacts;
(b) Current and future land use and water use in this State;
and (c) In consultation with the Department of Wildlife, wildlife.
2.
The Department of Wildlife shall prepare and submit an analysis of the impacts of mining on terrestrial and aquatic wildlife and habitat in this State and any recommendations relating thereto, to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Natural Resources.
H - *AB313_R1*
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill requires mining operators to backfill open pits below the water table to prevent pit lakes, and increases responsibilities regarding surface water and groundwater reclamation.

  • NRS 519A.010

    undesirable land , [and] surface water and groundwater conditions → undesirable land, surface water and groundwater conditions

    This change clarifies that reclamation is necessary for both land and water conditions.

  • NRS 519A.040

    the surface of the land , → the surface of the land, surface water or groundwater is or will be disturbed by mining, or that the land or water will be used:

    This amendment broadens the definition of 'affected' to include disturbances to surface water and groundwater.

  • NRS 519A.100

    to shape, stabilize, revegetate or otherwise treat the land , → to shape, stabilize, revegetate or otherwise treat the land, surface water and groundwater

    This change expands the definition of 'reclamation' to incorporate surface water and groundwater treatment.

  • NRS 519A.190

    for the reclamation of any surface area [damaged] → for the reclamation of any surface area, surface water and groundwater affected

    This change increases the operator's responsibility to include surface water and groundwater in reclamation efforts.

  • NRS 519A.230

    1. In addition to the requirements of NRS 519A.230, if an open pit will be excavated below the premining water table, a plan for reclamation must, except as otherwise provided in subsection 2, provide for the backfilling of the open pit to a level where no pit lake will form and no seasonal or permanent wetland will exist.

    This addition establishes new reclamation requirements for open pits excavated below the premining water table.

Amendments

1 amendment

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Action History

  1. (No further action taken.)

  2. From printer. To engrossment. Engrossed. First reprint. To committee.

  3. Read second time. Amended. (Amend. No. 283.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  4. From committee: Amend, and do pass as amended.

  5. Notice of eligibility for exemption.

  6. From printer. To committee.

  7. Read first time. Referred to Committee on Natural Resources. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

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Frequently asked questions

Who sponsors AB 313?
AB 313 is sponsored by Peters, Sarah.
What is the current status of AB 313?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 313?
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