Bill
Mineral Surety Study
- Number
- S.B. 34 (2025GS)
- Sponsor
- Sen. Owens, Derrin R.
- Final action
- Governor Signed 3/27/2025
- Outcome
- Became law — signed by Gov. Spencer J. Cox
Summary
This bill addresses surety issues related to mineral activities.
What it does
- This bill:
- defines "surety" for purpose of the study;
- requires the Division of Oil, Gas, and Mining (division) to study certain surety issues;
- directs the division to make a report; and
- provides a repeal date.
Every vote on this bill
1/21/2025Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
23-0-6not eligible / no record2/3/2025House Comm - Favorable Recommendation
House Natural Resources, Agriculture, and Environment Committee
10-0-4not eligible / no record2/6/2025House/ passed 3rd reading
House Speaker
73-0-2YEABill text
enrolled version · official source
4 40-8-14.5 63I-2-240 Mineral Surety Study 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Derrin R. Owens House Sponsor: Ariel Defay LONG TITLE General Description: This bill addresses surety issues related to mineral activities. Highlighted Provisions: This bill: defines "surety" for purpose of the study; requires the Division of Oil, Gas, and Mining (division) to study certain surety issues; directs the division to make a report; and provides a repeal date. Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: AMENDS: 63I-2-240 , as enacted by Laws of Utah 2024, Third Special Session, Chapter 5 ENACTS: 40-8-14.5 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah: Section 1, Section 40-8-14.5 is enacted to read: 40-8-14.5. Study of surety issues. (1) As used in this section, "surety" means resources pledged by an operator to address reclamation obligations and includes: (a) collateral; (b) a bond or other form of insured guarantee; (c) a deposited security; (d) cash or other commodity accepted as a medium of economic exchange; or (e) a written contractual agreement. (2) (a) The division shall study the need, if any, to modify requirements under this chapter for an operator to pledge surety with the division. (b) As part of the study, the division shall examine: (i) the one or more forms of surety that the division should accept; (ii) the amounts of surety that should be imposed; (iii) the factors the division or board should consider in determining the form and amount of surety an operator shall pledge; (iv) similar surety requirements made on an operator by others, with the intent that surety requirements are coordinated and not duplicated; (v) when surety should be released or forfeited; (vi) appropriate actions to enforce and collect against an operator who pledges surety; (vii) surety requirements in other states; (viii) whether insurance products or captive insurance companies could be used to address the reasons surety is needed; (ix) whether a state surety pool should be created by statute; and (x) any other issue the division determines is helpful in modernizing the surety process under this chapter. (3) The division shall report the results of the study required by this section, including any recommendations for legislation, to the Natural Resources, Agriculture, and Environment Interim Committee on or before the committee's 2025 October interim committee meeting. Section 2, Section 63I-2-240 is amended to read: 63I-2-240. Repeal dates: Title 40. Reserved. Section 40-8-14.5 , Study of surety issues, is repealed July 1, 2026. Section 3. Effective date. This bill takes effect on May 7, 2025 . 2-10-25 12:07 PM