Bill Text: CA AB442 | 2021-2022 | Regular Session | Amended
Bill Title: Surface Mining and Reclamation Act of 1975: exemption: Metropolitan Water District of Southern California: master reclamation plan.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Passed) 2021-09-16 - Chaptered by Secretary of State - Chapter 166, Statutes of 2021. [AB442 Detail]
Download: California-2021-AB442-Amended.html
Amended
IN
Senate
July 12, 2021 |
Amended
IN
Assembly
May 19, 2021 |
Introduced by Assembly Member Mayes |
February 04, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2714 of the Public Resources Code is amended to read:2714.
This chapter does not apply to any of the following activities:SEC. 2.
Section 2715.6 is added to the Public Resources Code, to read:2715.6.
(a) For purposes of this section, the following definitions apply:(b)(1)The Metropolitan Water District may prepare a single master reclamation plan, known as
the Metropolitan Reclamation Plan, for its earthmoving operations conducted on lands it owns or leases, or upon which easements or rights-of-way were granted to the Metropolitan Water District, for the purpose of operating, repairing, maintaining, or replacing any pipelines, infrastructure, or related transmission systems located in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, or Ventura and used for the conveyance and distribution of water. This section shall only apply to operations conducted by the Metropolitan Water District within the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, or Ventura.
(2)The board shall act as the lead agency for purposes of this chapter in approving the Metropolitan Reclamation Plan and any future amendments to the Metropolitan Reclamation Plan.
(c)The Metropolitan Reclamation Plan shall do, at a minimum, both of the following:
(1)Include information required pursuant to subdivision (c) of Section 2772.
(2)Comply with the requirements of Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
(d)The Metropolitan Water District shall provide the Metropolitan Reclamation Plan and a financial assurance cost estimate to the board for review and comment pursuant to Section 2772.1 or 2773.4, as applicable. The Metropolitan Water District may satisfy any financial assurance requirements with evidence of surety bonds,
irrevocable letters of credit, trust funds, pledges of revenue, budget set aside, or other financial mechanisms as may be allowed by law.
(e)After the Metropolitan Reclamation Plan is approved, the Metropolitan Water District shall prepare any amendment to the Metropolitan Reclamation Plan in accordance with Section 2777, including for any emergency excavations or grading conducted pursuant to subdivision (j) of Section 2714.
(f)For the purposes of this section, the Metropolitan Water District shall prepare and file an annual report required to be prepared pursuant to Section 2207 with the board and with any affected county indicating the quantity of material used for repair and maintenance of any of its pipelines, infrastructure, or related transmission systems described in
subdivision (b). Notwithstanding Section 2719, the Metropolitan Water District shall be exempt from the payment of annual reporting fees imposed pursuant to paragraph (1) of subdivision (d) of Section 2207; however, the board, in its role as the lead agency, may impose a fee on the Metropolitan Water District in an amount not to exceed the board’s reasonable costs in carrying out this chapter.
(g)After the Metropolitan Reclamation Plan is approved, the board shall conduct inspections of the sites used under the Metropolitan Reclamation Plan at least once every three years.
(i)The Metropolitan Water District’s operations under the approved Metropolitan Reclamation Plan are exempt from the provisions of this chapter regarding idle mines.
(j)Nothing in this section precludes an enforcement action by the board brought in accordance with this chapter if the Metropolitan Water District is not in compliance with the requirements of this section.
(k)
(l)
(m)