ColoradoSB25-0542025 Regular SessionSenate

Mining Reclamation & Interstate Compact

Sponsored By: Cleave Simpson (Republican), Jeff Bridges (Democratic), Karen McCormick (Democratic), Matthew Martinez (Democratic)

Signed by Governor

Natural Resources & Environment

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Bill Overview

Analyzed Economic Effects

15 provisions identified: 6 benefits, 4 costs, 5 mixed.

Colorado can address legacy mine emergencies

Colorado's mining board or office can respond to dangerous conditions at legacy mines after investigating. Conditions qualify when they threaten public health, public welfare, or the environment. The danger qualifies even when no person's actions caused it.

Colorado joins states on mine protection

Colorado joins the Interstate Mining Compact with states adopting substantially the same agreement. Each state has one commissioner, normally its governor; Colorado's governor can name a designee. An advisory body includes mining, conservation, and other public and private interests. Member states must establish effective mined-land programs within a reasonable time. These programs must protect people and neighboring landowners, address mining waste, restore mined land, and prevent or control pollution.

Forfeited mine security funds land cleanup

All forfeited cleanup-warranty proceeds go into a special account in the general fund to reclaim the covered land. The former 5% share for administrative costs is removed. The board can enter the land to carry out cleanup. After cleanup, the board provides an accounting and returns unspent money to the financial backer.

Mine planting favors native pollinator plants

Mine cleanup plans involving planting must first consider native plants that support pollinators. Plant cover must be diverse, durable, self-renewing, and at least as extensive as surrounding vegetation. It must also fit the planned use of the land after mining. The board can allow introduced plants when it finds them desirable.

Lower warranty costs for some operators

Construction-materials applicants using specified self-insurance provisions no longer pay the annual financial-warranty review fee. The related authority to spend those fees on outside financial and legal services is removed. The law also removes an old requirement to include construction-material value throughout certain warranties. A remaining historical January 1, 1996, rule applies to deed-of-trust warranties existing on July 1, 1993, and later deed amendments.

Mining applicants get clearer hearing deadlines

For construction-materials permit hearings, the board or office must post the time, date, and location on the Division website. A local newspaper must also publish notice once weekly for the two consecutive weeks immediately before the hearing. The board must decide applications within 120 days of receipt. It can add 60 days for complexity, serious unforeseen circumstances, or significant snow cover blocking a needed site inspection.

Mine operators face ongoing warranty checks

Operators and financial backers must keep cleanup warranties in good standing throughout the permit and immediately report possible impairment. Those using specified financial-responsibility forms must file yearly independent-auditor certifications covering compliance at fiscal year-end. Covered parties must report quarterly net losses within 60 days and replace warranties when they no longer qualify. They have 60 days after notice to meet adjusted warranty requirements. After a hearing finds material impairment, the board can require a replacement warranty within 90 days.

Mining rules cover waste removal

Operators recovering minerals from refuse on affected land must follow mining rules. The definition of mining operations also covers removing waste piles and refuse. These activities fall under the applicable mining and reclamation requirements.

Operators must fund selected cleanup trusts

Operators using an individual reclamation fund must establish it when production begins or site conditions and liabilities change. An independent trustee holds the money for the board. Operators make periodic cash payments to provide money for cleanup. The board sets the fund's terms.

Operators pay warranty hearing consultant fees

Operators must pay independent consultants hired by the board for financial-warranty hearings. The operator must sign a written fee agreement before the consultant is hired. Refusing to sign lets the board order a replacement warranty without a hearing. After a hearing finds material impairment, the board can also require a replacement warranty.

Mining commission benefits and staffing flexibility

The Interstate Mining Commission can establish retirement and other benefit programs for its employees. Social Security old-age and survivor coverage requires the commission to complete federal participation steps. With commission approval, its executive director can hire and remove staff and set duties and pay. These staffing powers apply despite member states' civil-service, personnel, or merit-system laws.

Colorado funds mining compact with safeguards

Half the commission's requested state funding is divided equally; half follows each state's share of mined-mineral value. The commission must identify the public sources used to measure those values. Colorado can pay annual dues from specified mining fees, abandoned-mine funds, natural-resource operations funds, or eligible federal grants. The law provides $1,440 from the mined land reclamation fund for minerals-program costs in fiscal year 2025–26. Colorado is not liable for the commission's retirement or employee-benefit obligations or solvency.

Faster mine cleanup permits with fees

Legacy mines lack a bond, other financial backing, or reclamation responsibility covering cleanup of earlier or abandoned mining. Operators can seek faster cleanup-only permits for sites under five acres through applications filed after September 1, 2025. Each application costs $288 and requires land-access rights, site and work details, local approvals, and a financial warranty. Permits exclude designated mining operations, cannot change to another permit type, and allow three years from excavation through completed cleanup. Federal Superfund response actions are excluded; water-quality and radiation-control rules still apply.

Mine cleanup security options change

The law removes specified financial-rating, financial-test, and project-equipment-lien options for proving operators can pay for cleanup. The board can accept property only for cleanup liabilities above $30 million, or above $50 million for construction-materials operations. The amount credited cannot exceed 75% of appraised value. Property providers must show clear title and value, with a deed of trust or security agreement giving Colorado a first lien. Related rules on equipment salvage value, lower-ranking liens, and equipment upkeep and removal are deleted.

State mine liens outrank most creditors

Colorado's reclamation liens take priority over most other liens, regardless of when those other claims were recorded. Exceptions protect liens already of record on June 19, 1981, and government liens for unpaid taxes. The state's lien attaches and counts as legally perfected when the board approves the operator's permit. This strengthens the state's cleanup claim but can move competing creditors behind it.

Sponsors & Cosponsors

Sponsors

  • Cleave Simpson

    Republican • Senate

  • Jeff Bridges

    Democratic • Senate

  • Karen McCormick

    Democratic • House

  • Matthew Martinez

    Democratic • House

Cosponsors

  • Brianna Titone

    Democratic • House

  • Chad Clifford

    Democratic • House

  • Eliza Hamrick

    Democratic • House

  • Jennifer Bacon

    Democratic • House

  • Jarvis Caldwell

    Republican • House

  • Junie Joseph

    Democratic • House

  • Julie McCluskie

    Democratic • House

  • Katie Stewart

    Democratic • House

  • Lesley Smith

    Democratic • House

  • Monica Duran

    Democratic • House

  • Naquetta Ricks

    Democratic • House

  • Ryan Gonzalez

    Republican • House

  • Rebecca Keltie

    Republican • House

  • Tisha Mauro

    Democratic • House

  • Cathy Kipp

    Democratic • Senate

  • Sen. F. Winter

    Affiliation unavailable

  • Iman Jodeh

    Democratic • Senate

  • Judy Amabile

    Democratic • Senate

  • Katie Wallace

    Democratic • Senate

  • Lisa Cutter

    Democratic • Senate

  • Matt Ball

    Democratic • Senate

  • Marc Catlin

    Republican • Senate

  • Marc Snyder

    Democratic • Senate

  • Tony Exum

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 133 • No: 1

House vote • 4/28/2025

Third reading: Bill

Yes: 63 • No: 1

House vote • 4/25/2025

Refer Senate Bill 25-054 to the Committee of the Whole.

Yes: 11 • No: 0

House vote • 4/21/2025

Refer Senate Bill 25-054 to the Committee on Appropriations.

Yes: 13 • No: 0

Senate vote • 4/14/2025

Third reading: Bill

Yes: 33 • No: 0

Senate vote • 4/11/2025

Refer Senate Bill 25-054, as amended, to the Committee of the Whole.

Yes: 7 • No: 0

Senate vote • 2/12/2025

Refer Senate Bill 25-054, as amended, to the Committee on Appropriations.

Yes: 6 • No: 0

Actions Timeline

  1. Governor Signed

    5/16/2025House
  2. Signed by the President of the Senate

    5/12/2025Senate
  3. Sent to the Governor

    5/12/2025House
  4. Signed by the Speaker of the House

    5/12/2025House
  5. House Third Reading Passed - No Amendments

    4/28/2025House
  6. House Committee on Appropriations Refer Unamended to House Committee of the Whole

    4/25/2025House
  7. House Second Reading Special Order - Passed - No Amendments

    4/25/2025House
  8. House Committee on Agriculture, Water & Natural Resources Refer Unamended to Appropriations

    4/21/2025House
  9. Senate Third Reading Passed - No Amendments

    4/14/2025Senate
  10. Introduced In House - Assigned to Agriculture, Water & Natural Resources

    4/14/2025House
  11. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

    4/11/2025Senate
  12. Senate Second Reading Special Order - Passed with Amendments - Committee

    4/11/2025Senate
  13. Senate Committee on Agriculture & Natural Resources Refer Amended to Appropriations

    2/12/2025Senate
  14. Introduced In Senate - Assigned to Agriculture & Natural Resources

    1/16/2025Senate

Bill Text

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