At its February 8, 2017, regular business meeting, the Board approved and adopted the proposed regulatory language and final rulemaking package #2, FACE Form, and directed
staff to finalize the rulemaking process. On April 13, 2017, the Office of Administrative Law (OAL) approved the regulatory language, including form FACE-1. The regulatory language and form FACE-1 became effective on July 1, 2017.
The Division of Mine Reclamation (DMR) has now made adjustments to form FACE-1 based on input from user experience of practical use of the form since the July 1, 2017 effective date. DMR and Board staff have determined the adjustments are “Changes Without Regulatory Effect” pursuant to California Code of Regulations (CCR) section 100, Title 1, Division 1, Chapter 1, Article 2. This section of the CCR allows an agency to revise text published in the CCR without complying with the rulemaking procedures of the APA only if the change does not materially alter any requirement, right, responsibility, condition, prescription or other regulatory element of any CCR provision. Specifically, the “Changes Without Regulatory Effect” made to form FACE-1 consist of changes that revise structure, syntax, cross-reference, grammar, or punctuation (CCR section 100 (a)(4)).
See documents below associated with OAL's approval of "Changes Without Regulatory Effect" for CCR section 3805.1 and associated form FACE-1.
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Package #2, Public Resources Code §2773.1(a)(4), Financial Assurance Cost Estimate (FACE) Form
Effective July 1, 2017, this rulemaking adds section 3805.1 to the California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1, Article 11.
This regulation establishes a standardized form for which financial assurance cost estimates shall be submitted to lead agencies for review and approval. The regulation provides mine operators with clear and equitable methods for calculation of financial assurance amounts, decreases the administrative time and expense for the initial and annual review of financial assurance cost estimates by lead agencies and the Department, and provides comprehensive and complete cost estimates resulting in sufficient monies necessary to guarantee reclamation of mined lands.
