Bill Text: CA SB1133 | 2015-2016 | Regular Session | Chaptered
Bill Title: Cache Creek Resource Management Plan.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-08-29 - Chaptered by Secretary of State. Chapter 235, Statutes of 2016. [SB1133 Detail]
Download: California-2015-SB1133-Chaptered.html
BILL NUMBER: SB 1133 CHAPTERED
BILL TEXT
CHAPTER 235
FILED WITH SECRETARY OF STATE AUGUST 29, 2016
APPROVED BY GOVERNOR AUGUST 29, 2016
PASSED THE SENATE AUGUST 11, 2016
PASSED THE ASSEMBLY AUGUST 4, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY MAY 26, 2016
INTRODUCED BY Senator Wolk
(Coauthor: Assembly Member Dodd)
FEBRUARY 18, 2016
An act to amend Section 2715.5 of the Public Resources Code,
relating to surface mining.
LEGISLATIVE COUNSEL'S DIGEST
SB 1133, Wolk. Cache Creek Resource Management Plan.
(1) The Surface Mining and Reclamation Act of 1975 governs surface
mining operations and reclamation of mined lands and provides, among
other things, for the submission of reclamation plans to, and
issuance of permits by, lead agencies with respect to surface mining
operations. Until December 31, 2017, a site specific plan in
conjunction and consistent with the Cache Creek Resource Management
Plan is to be considered a functional equivalent of a reclamation
plan for purposes of the act. The board of supervisors of the county
in which the Cache Creek Resource Management Plan is to be
implemented is required, until December 31, 2017, to prepare and
forward to the Director of Conservation annually a report containing
specified information relating to mining operations.
This bill would delete the repeal date for these provisions,
thereby extending the operation of these provisions indefinitely. By
extending the duties of the board of supervisors of the county in
which the Cache Creek Resource Management Plan is to be implemented,
the bill would impose a state-mandated local program.
The bill would require the board of supervisors of that county to
include the quantity of materials produced in an annual report and
would exempt the board from the payment of annual reporting fees. The
bill would make a surface mining operator, acting under the
authority of the management plan, responsible for payment of annual
fees associated with the quantity of materials produced and require
the operator to include the quantity of materials produced in the
operator's annual report to the director. The bill would also require
the release of required financial assurances to comply with
specified regulatory provisions and incorporate certain
cross-reference changes made by Chapter 7 of the Statutes of 2016.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2715.5 of the Public Resources Code is amended
to read:
2715.5. (a) The Cache Creek Resource Management Plan, in
conjunction with a site specific plan deemed consistent by the lead
agency with the Cache Creek Resource Management Plan, shall be
considered to be a functional equivalent of a reclamation plan for
the purposes of this chapter. No other reclamation plan shall be
required to be reviewed and approved for any excavation project
subject to the Cache Creek Resource Management Plan that is conducted
in conformance with an approved site specific plan that is
consistent with the Cache Creek Resource Management Plan and the
standards specified in that plan governing erosion control, channel
stabilization, habitat restoration, flood control, or infrastructure
maintenance, if that plan is reviewed and approved by a lead agency
pursuant to this chapter.
(b) For purposes of this section, the board of supervisors of the
county in which the Cache Creek Resource Management Plan is to be
implemented shall prepare and file an annual report required to be
prepared pursuant to Section 2207, indicating the quantity of
minerals produced. The board of supervisors of the county in which
the Cache Creek Resource Management Plan is to be implemented shall
be exempt from the payment of annual reporting fees imposed pursuant
to paragraph (1) of subdivision (d) of Section 2207. A surface mining
operator, acting under the authority of the Cache Creek Resource
Management Plan, shall include in the operator's annual report
required pursuant to Section 2207 the quantity of materials produced
and shall be responsible for payment of annual fees associated with
the quantity of minerals produced.
(c) Nothing in this section precludes an enforcement action by the
board or the department brought pursuant to this chapter or Section
2207 if the lead agency or the director determines that a surface
mining operator, acting under the authority of the Cache Creek
Resource Management Plan, is not in compliance with the requirements
of this chapter or Section 2207.
(d) For purposes of this section, "site specific plan" means an
individual project plan approved by the lead agency that is
consistent with the Cache Creek Resource Management Plan. Site
specific plans prepared in conformance with the Cache Creek Resource
Management Plan shall include, at a minimum, the information required
pursuant to subdivision (c) of Section 2772, shall 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, and shall be provided along with a financial
assurance estimate to the department for review and comment pursuant
to Section 2772.1 or 2773.4, as applicable. Notwithstanding the
number of days authorized by subdivision (b) of Section 2772.1 or
subdivision (c) of Section 2773.4, the department shall review the
site specific plan and the financial assurance estimate and prepare
any written comments within 15 days from the date of receipt of the
plan and the estimate.
(e) Prior to engaging in an excavation activity in conformance
with the Cache Creek Resource Management Plan, a surface mining
operation shall be required to obtain financial assurances that meet
the requirements of Section 2773.1. Release of financial assurances
shall comply with Section 2773.1 and the provisions of Article 11
(commencing with Section 3800) of Subchapter 1 of Chapter 8 of
Division 2 of Title 14 of the California Code of Regulations.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
