(a) Notwithstanding subdivision (e) of Section 2773.1, a financial assurance mechanism may include corporate financial tests combined with surety bonds, irrevocable letters of credit, or trust funds, as described in this section, that together ensure the completion of reclamation in accordance with the approved reclamation plan.
(b) (1) Corporate financial tests shall only be allowed after the board adopts a regulation that establishes a comprehensive analysis and test of a corporation’s financial status that includes, but is not limited to, all of the following:
(A) A minimum financial net worth of at least thirty-five million dollars ($35,000,000), adjusted annually to reflect changes in the Consumer Price Index, as calculated by the United States Bureau of Labor Statistics.
(B) Income.
(C) Liabilities, including other environmental assurances.
(D) Assets located within the United States.
(2) The regulation also shall include, but need not be limited to, all of the following:
(A) Additional measures to provide the lead agency or the supervisor with the recovery of costs associated with the full collection and satisfaction of the financial assurance mechanisms.
(B) Requirements for corporate financial tests that include, but are not limited to, all of the following:
(i) Provide for no more than 75 percent of the financial assurance cost estimate approved within the last year.
(ii) Be annually approved by both the lead agency and the supervisor.
(iii) Be able to be disallowed by either the lead agency or the supervisor.
(iv) Include an assessment from an independent certified public accountant using generally accepted accounting principles in the United States.
(c) Each surface mining operation shall have at least 25 percent of the financial assurance cost estimate in an acceptable financial assurance mechanism other than a corporate financial test if a qualifying corporation operates multiple surface mining operations.
(d) Subject to the requirements of this subdivision, an operator of multiple surface mining operations may use a corporate financial test that combines the financial assurance cost estimates of each surface mining operation.
(Amended by Stats. 2017, Ch. 521, Sec. 39. (SB 809) Effective January 1, 2018.)
Last modified: October 25, 2018