(a) A Budget Set Aside shall consist of a specific fund or line item set aside by the state, county, city, district or other political subdivision responsible for reclamation of the mined lands. The Budget Set Aside shall remain effective continuously throughout the period in which the Budget Set Aside is used to satisfy the requirements of Section 2773.1, Public Resources Code.(b) The set aside shall contain the following items:(1) A resolution or other appropriate document establishing the set aside or line item including proof of approval by the governing body or appropriate official of the state, county, city, district, or other political subdivision;(2) The types and sources of specific funds;(3) The period of time that each funding source is 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 funds 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 set aside pursuant to Section 2773.1(b).Cal. Code Regs. Tit. 14, § 3806.2
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 A Certificate of Compliance must be transmitted to OAL by 6-23-94 or emergency language will be repealed by operation of law on the following day.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 and filed 8-3-94 (Register 94, No. 31).
3. Change without regulatory effect amending subsection (b)(5) filed 6-21-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 25).