Section 3806.1 - Pledge of Revenue(a) A pledge of revenue shall consist of a resolution or other appropriate document from the governing body of the state, county, city, district, or other political subdivision responsible for reclamation of the mined lands pursuant to the approved reclamation plans. The resolution or document shall remain effective continuously throughout the period in which the pledge of revenue is used to satisfy the requirements of Section 2773.1, Public Resources Code.(b) The pledge of revenue shall contain the following items: (1) The resolution or document establishing the pledge of revenue;(2) The types and sources of pledged revenue;(3) The period of time that each source of revenue is pledged to be available;(4) The calculation amount of the financial assurance prepared pursuant to Section 3804; and(5) The authorization for the lead agency or the Division of Mine Reclamation to use the proceeds of the pledge to conduct and complete reclamation if the lead agency or the Division of Mine Reclamation determines that the operator is incapable of performing the reclamation covered by the pledge pursuant to Section 2773.1(b).(c) The state, county, city, district, or other political subdivision may pledge any following types of revenue that it controls and that will be available in a timely manner to conduct and complete reclamation:(1) Fees, rents, or other charges;(2) Tax revenues within statutory limitations; and/or(3) Other guaranteed revenues that are acceptable to the lead agency and the Board.(d) If the governmental entity ceases at any time to retain control of its ability to allocate any pledged revenue to conduct and complete reclamation, the entity shall notify the lead agency and the Division of Mine Reclamation and shall obtain alternative coverage within 60 days after control lapses.Cal. Code Regs. Tit. 14, § 3806.1
Note: Authority cited: Section 2773.1, Public Resources Code. Reference: Section 2773.1(e), Public Resources Code.
Note: Authority cited: Section 2773.1, Public Resources Code. Reference: Section 2773.1(e), Public Resources Code.
1. New section filed 2-23-94 as an emergency; operative 2-23-94 (Register 94, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-23-94 order transmitted to OAL 6-22-94 with amendment of subsections (c)-(c)(2) and filed 8-3-94 (Register 94, No. 31).
3. Change without regulatory effect amending subsections (b)(5) and (d) filed 6-21-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 25).