Bill Text: CA SB1270 | 2013-2014 | Regular Session | Amended
Bill Title: Surface mining operations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-11 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. [SB1270 Detail]
Download: California-2013-SB1270-Amended.html
BILL NUMBER: SB 1270 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 11, 2014
AMENDED IN SENATE MAY 7, 2014
AMENDED IN SENATE APRIL 22, 2014
INTRODUCED BY Senator Pavley
FEBRUARY 21, 2014
An act to amend Sections 607, 677, 2006, 2207, 2208, 2209, 2210,
2732.5, 2733, 2770, 2770.6, 2772, 2773.1, 2774, 2774.1,
2774.3, and 2774.4 of, and to add Section 2006.5 to, the Public
Resources Code, relating to mining.
LEGISLATIVE COUNSEL'S DIGEST
SB 1270, as amended, Pavley. Surface mining operations.
(1) Under existing law, the Department of Conservation, under the
supervision of the Director of Conservation, is comprised of various
entities, including the State Mining and Geology Board, and the work
of the department is divided into divisions including the California
Geological Survey and the Office of Mine Reclamation. Existing law
requires the board to nominate, and the director to appoint, the
State Geologist to advise the director regarding technical,
scientific, and engineering issues, including the scientific quality
of the products and activities of the California Geological Survey,
and requires the State Geologist to meet specific qualifications.
This bill would require the board to nominate at least 2
individuals for appointment as the State Geologist and would make the
State Geologist responsible for the management of the California
Geological Survey. The bill would also designate the Office of Mine
Reclamation as the Division of Mines, would require the board to
nominate at least 2 individuals to serve as, and the director
to appoint a , State Mine Inspector to be responsible for
the management of the Division of Mines, and would prescribe the
specific qualifications for that person.
(2) Existing law requires the owner of or
operator of a mining operation to forward annually to the
director and the lead agency a report that provides specified
information with respect to the mining operation.
This bill would require, among other changes, that the report be
submitted to the State Mine Inspector and the lead agency. The bill
would additionally require the State Mine Inspector to submit to the
board and the director an annual report relating to abandoned mines,
as provided.
(3) The Surface Mining and Reclamation Act of 1975, administered
by the board, prohibits a person, with exceptions, from conducting
surface mining operations unless, among other things, a permit, as
defined, is obtained from, a reclamation plan, as specified, is
submitted to and approved by, and financial assurances for
reclamation have been approved by, the lead agency for the operation.
Existing law provides an appeals process for decisions of the lead
agency in approval or denial of approval of a reclamation plan.
This bill would instead prohibit a person
from conducting surface mining operations, unless, in addition to the
above, any required amendments to the reclamation plan are approved,
and financial assurances are approved and adjusted annually, as
provided. The bill would make the lead agency or, in certain
circumstances, the State Mine Inspector responsible for reviewing and
approving financial assurances in surface mining operations and
would require the lead agency or the State Mine Inspector to take
specified actions in seeking forfeiture of those financial
assurances. The bill would also provide an appeals process for the
State Mine Inspector's approval or denial of approval of financial
assurances. The bill would require a portion of the reclamation plan
to be certified by a registered professional geologist, geophysicist,
or civil engineer and to include a schedule with time limits for
completing reclamation, as specified. The bill would require the lead
agency or the State Mine Inspector to determine a time period for
reclamation to be complete in certain circumstances. By imposing
additional duties on lead agencies, this bill would impose a
state-mandated local program. For purposes of the act, the bill would
also revise the definition of permit.
(4) Existing law requires the lead agency to conduct an inspection
of a surface mining operation within 6 months of receipt by the lead
agency of the annual report described in paragraph (2) above. Under
existing law, if the lead agency or the director determines that a
surface mining operation is not in compliance, the lead agency or
director is required to notify the operator of that violation.
This bill would also require the State Mine Inspector, in certain
circumstances, to conduct an inspection of those operations within 6
months of receipt of the report by the State Mine Inspector and to
provide notice of the inspection to the lead agency. The bill would
require the notice of violation to include, among other things,
specific remedial steps to be taken to correct the noncompliance and
also information on the time to comply. The bill would require
the State Mine Inspector, on and after January 1, 2018, and on an
ongoing basis after that date, to offer continuing education
opportunities to lead agency employees that qualifies those employees
to be credentialed to inspect mines.
(5) Existing law requires the board to assume the powers and
duties under the act of the lead agency if, following a public
hearing, as prescribed, the board finds deficiencies in the lead
agency's implementation and enforcement of the act.
This bill would require the board, in those circumstances, to
assign those powers and duties to the State Mine Inspector. The bill
would also authorize a lead agency to unilaterally and voluntarily
relinquish its responsibilities under the act and would require the
State Mine Inspector to assume those responsibilities. The bill would
authorize the lead agency to resume its relinquished role if certain
requirements are met.
(6) Existing law requires the board to adopt a schedule of fees to
cover the department's costs of carrying out specified provisions
and to impose an annual reporting fee on each mining operation, not
to exceed $4,000 annually for any single mining operation and not to
be less than $100. Existing law requires the board to adjust the fees
if the director determines the resources collected were greater to
or less than the department's costs.
This bill would require that an annual reporting fee, which would
also be required to cover the board's costs, as provided, on each
mining operation not be less than $1,000 or more than an unspecified
amount and would require the fee to be based on a cost per acre as
determined by the board. The bill would require the board to adjust
the fees if the State Mine Inspector determines the revenues
collected were greater to or less than the department's costs.
(7) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Since its passage, the implementation of the Surface Mining
and Reclamation Act of 1975 (Chapter 9 (commencing with Section
2710) of Division 2 of the Public Resources Code) has depended
on coordinated administrative efforts by local governments, the
Department of Conservation, and the State Mining and Geology Board.
Two of the major goals of the act are to encourage production and
conservation of minerals in California, and to ensure reclamation of
mined lands.
(b) The essential components of the act for each of the more than
2,000 approximately 1,150 active mines
in California are annual inspections, reclamation plans for mines
that have ceased production, and a financial surety mechanism to pay
for reclamation in the event the operator is unable or fails to do
so.
(c) It is the intent of the Legislature that siting decisions for
mines and the approval of reclamation plans for those mines remain
with local governments.
(d) The act provides for approval procedures for financial
assurances and reclamation plans that depend on active inspections,
remediation of compliance shortfalls, and appropriate updates to
financial assurance commitments. Based on a review of official state
data, industry and government analysts agree that the goals of the
act are not being achieved because of multiple failures in the
internal processes of this important legislation. As
examples:
(1) Twenty-five percent of mines that have closed have not begun
reclamation. This includes about 100 mines in the state.
(2) Inspection rates by counties who serve as lead agencies under
the act, over a multiyear period, range from 66 percent to 74
percent, inclusive, but 12 counties have inspection rates below 50
percent.
(3) Data on inspections by cities that serve as lead agencies
under the act, over the same multiyear period, indicate that 22
cities have inspected all of their mines annually, 25 cities have an
inspection rate below 50 percent, and 14 cities have never inspected
a mine.
(4) Financial assurance documents that ensure the ability to pay
for mine reclamation are not routinely updated. The adjustment rate
for counties is about 27 percent, based on official data, and about
20 percent for cities.
(e) Data from the Department of Conservation and the State Mining
and Geology Board confirms that the implementation of the Surface
Mining and Reclamation Act of 1975 by both state and local agencies
has been erratic and that numerous mines are not inspected annually,
have not been directed to upgrade their financial assurances, or
begun reclamation, all of which are required by existing law.
(e)
(f) It is the intent of the Legislature to retain the
existing structure of the act while improving the statutory
relationships between state and local government entities by
strengthening the interconnections between inspections, financial
assurances, and reclamation plans, in order to ensure improved
compliance with the provisions of this important law.
SEC. 2. Section 607 of the Public Resources Code is amended to
read:
607. The work of the department shall be divided into at least
the following:
(a) California Geological Survey.
(b) Division of Oil, Gas, and Geothermal Resources.
(c) Division of Land Resource Protection.
(d) Division of Mines.
SEC. 3. Section 677 of the Public Resources Code is amended to
read:
677. (a) The board shall nominate at least two individuals to
serve as State Geologist. The director shall appoint the State
Geologist, who shall be responsible for the management of the
California Geological Survey. The State Geologist shall either be
registered in compliance with the Geologist and Geophysicist Act
(Chapter 12.5 (commencing with Section 7800) of Division 3 of the
Business and Professions Code) at least one year from the date of
appointment, or the Board for Professional Engineers, Land Surveyors,
and Geologists may, upon the review of academic and professional
experience, grant registration. The State Geologist shall possess
general knowledge of mineral resources, structural geology,
seismology, engineering geology, and related disciplines in science
and engineering, and the reclamation of mined lands and waters. The
State Geologist shall advise the director regarding technical,
scientific, and engineering issues, including the scientific quality
of the products and activities of the California Geological Survey.
(b) A State Mine Inspector shall be appointed by the
director and shall be responsible for the management of the Division
of Mines. The board shall nominate at least two
individuals to serve as the State Mine Inspector. The director shall
appoint the State Mine Inspector who shall be responsible for the
management of the Division of Mines. The State Mine
Inspector shall either be registered in compliance with the Geologist
and Geophysicist Act (Chapter 12.5 (commencing with Section 7800) of
Division 3 of the Business and Professions Code) or the Professional
Engineers Act (Chapter 7 (commencing with Section 6700) of Division
3 of the Business and Professions Code) at least one year from the
date of appointment, or the Board for Professional Engineers, Land
Surveyors, and Geologists may, upon the review of academic and
professional experience, grant registration. The State Mine Inspector
shall possess general knowledge of mining, mineral resources,
structural geology, seismology, engineering geology, and related
disciplines in science and engineering, and the reclamation of mined
lands and waters. The State Mine Inspector shall advise the director
regarding technical, scientific, and engineering issues, including
the scientific quality of the products and activities of the Division
of Mines.
SEC. 4. Section 2006 of the Public Resources Code is amended to
read:
2006. "State Geologist" means the individual holding the office
created by subdivision (a) of Section 677.
SEC. 5. Section 2006.5 is added to the Public Resources Code, to
read:
2006.5. "State Mine Inspector" means the individual holding the
office created by subdivision (b) of Section 677.
SEC. 6. Section 2207 of the Public Resources Code is amended to
read:
2207. (a) The owner or the operator of a mining operation within
the state shall forward to the State Mine Inspector annually, not
later than a date established by the State Mine Inspector, upon forms
approved by the board from time to time, a report that identifies
all of the following:
(1) The name, address, and telephone number of the person,
company, or other owner of the mining operation.
(2) The name, address, and telephone number of a designated agent
who resides in this state, and who will receive and accept service of
all orders, notices, and processes of the lead agency, board, State
Mine Inspector, or court.
(3) The location of the mining operation, its name, its mine
number as issued by the State Mine Inspector, its section, township,
range, latitude, longitude, and approximate boundaries of the mining
operation marked on a United States Geological Survey 71/2-minute or
15-minute quadrangle map.
(4) The lead agency.
(5) The approval date of the mining operation's reclamation plan.
(6) The mining operation's status as active, idle, reclaimed, or
in the process of being reclaimed.
(7) The commodities produced by the mine and the type of mining
operation.
(8) Proof of annual inspection. All annual inspections conducted
on or after July 1, 2015, shall be certified by a registered
professional geologist, geophysicist, or civil engineer who either
works for the local lead agency or the division or, if not employed
by the local lead agency, has not worked for a mining operation in
the jurisdiction of the local agency for at least one year.
Annual inspections may also be conducted by other employees of the
lead agency who are credentialed in mine inspections by the State
Mine Inspector, pursuant to paragraph (2) of subdivision (b) of
Section 2774, if every fifth year the inspections are conducted by a
registered professional geologist, geophysicist, or civil engineer as
described in this paragraph.
(9) Proof of financial assurances.
(10) Ownership of the property, including government agencies, if
applicable, by the assessor's parcel number, and total assessed value
of the mining operation.
(11) The approximate permitted size of the mining operation
subject to Chapter 9 (commencing with Section 2710), in acres.
(12) The approximate total acreage of land newly disturbed by the
mining operation during the previous calendar year.
(13) The approximate total of disturbed acreage reclaimed during
the previous calendar year.
(14) The approximate total unreclaimed disturbed acreage remaining
as of the end of the calendar year.
(15) The total production for each mineral commodity produced
during the previous year.
(16) A copy of any approved reclamation plan and any amendments or
conditions of approval to any existing reclamation plan approved by
the lead agency.
(b) (1) Every year, not later than the date established by the
State Mine Inspector, the person submitting the report pursuant to
subdivision (a) shall forward to the lead agency, upon forms
furnished by the board, a report that provides all of the information
specified in subdivision (a).
(2) The owner or operator of a mining operation shall allow access
to the property to any governmental agency or the agent of any
company providing financial assurances in connection with the
reclamation plan, in order that the reclamation can be carried out by
the entity or company, in accordance with the provisions of the
reclamation plan.
(c) Subsequent reports shall include only changes in the
information submitted for the items described in subdivision (a),
except that, instead of the approved reclamation plan, the reports
shall include any reclamation plan amendments approved during the
previous year. The reports shall state whether review of a
reclamation plan, financial assurances, or an interim management plan
is pending under subdivision (b), (c), (d), or (h) of Section 2770,
or whether an appeal before the board or lead agency governing body
is pending under subdivision (e) or (h) of Section 2770. The State
Mine Inspector shall notify the person submitting the report and the
owner's designated agent in writing that the report and the fee
required pursuant to subdivision (d) have been received, specify the
mining operation's mine number if one has not been issued by the
State Mine Inspector, and notify the person and agent of any
deficiencies in the report within 90 days of receipt. That person or
agent shall have 30 days from receipt of the notification to correct
the noted deficiencies and forward the revised reports to the State
Mine Inspector and the lead agency. Any person who fails to comply
with this section, or knowingly provides incorrect or false
information in reports required by this section, may be subject to an
administrative penalty as provided in subdivision (c) of Section
2774.1.
(d) (1) The board shall impose, by regulation, pursuant to
paragraph (2), an annual reporting fee on, and method for collecting
annual fees from, each active or idle mining operation. The minimum
fee for any single mining operation may not be less than one thousand
dollars ($1,000) annually, as adjusted for the cost of living as
measured by the California Consumer Price Index for All Urban
Consumers, calendar year averages, using the percentage change in the
previous year, beginning with the 2014-15 fiscal year and annually
thereafter.
(2) (A) The board shall adopt, by regulation, a schedule of fees
authorized under paragraph (1) to cover the department's and board's
costs in carrying out this section and Chapter 9 (commencing with
Section 2710), as reflected in the Governor's Budget, and may adopt
those regulations as emergency regulations. The board's costs shall
be reflected separately in a format approved by the Department of
Finance and shall be displayed in the annual budget proposed by the
Governor. In establishing the schedule of fees to be paid by each
active and idle mining operation, the board shall consider and
establish a cost per acre on an equitable basis reflecting the size
and type of operation, the acreage disturbed and undisturbed by
mining activities, the acreage subject to the reclamation plan, and
other factors addressed by the approved reclamation plan. The fee for
each active and idle mining operation shall not exceed ____ dollars
($____).
(B) Regulations adopted pursuant to this subdivision shall be
adopted by the board in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The adoption of any emergency regulations pursuant to this
subdivision shall be considered necessary to address an emergency and
shall be considered by the Office of Administrative Law to be
necessary for the immediate preservation of the public peace, health,
safety, and general welfare.
(3) The total revenue generated by the reporting fees may not
exceed, and may be less than, the amount of ____
five million five hundred thousand dollars
($____) ($5,500,000) , as adjusted for
the cost of living as measured by the California Consumer Price
Index for All Urban Consumers, calendar year averages, using the
percentage change in the previous year, beginning with the 2005-06
fiscal year and annually thereafter and shall be based on a cost per
acre, subject to the approved reclamation plan, as determined by the
board pursuant to paragraph (2). If the State Mine Inspector
determines that the revenue collected during the preceding fiscal
year was greater or less than the cost to operate the program, the
board shall adjust the fees to compensate for the overcollection or
undercollection of revenues.
(4) (A) (i) The reporting fees established
pursuant to this subdivision shall be deposited in the Mine
Reclamation Account, which is hereby created. Any fees, penalties,
interest, fines, or charges collected by the State Mine Inspector or
board pursuant to this chapter or Chapter 9 (commencing with Section
2710) shall be deposited in the Mine Reclamation Account. The moneys
in the account shall be available to the department and board, upon
appropriation by the Legislature, for the purpose of carrying out
this section and complying with Chapter 9 (commencing with Section
2710), which includes, but is not limited to, classification and
designation of areas with mineral resources of statewide or regional
significance, reclamation plan and financial assurance review, mine
inspection, and enforcement.
(ii) Notwithstanding paragraph (2), fees paid by an active or idle
mining operation in the 2015-16 and 2016-17 fiscal years shall be no
more than 15 percent greater than the fee paid in the 2014-15 fiscal
year for that mine. The board shall provide a detailed report to the
joint Legislature Budget Committee on or before January 1, 2016, on
the revenues and expenses of the Mine Reclamation Account prior to
adjusting any fees paid by mining operators pursuant to paragraph
(3). The report shall also identify the minimum revenue requirements
of the board and the division to implement this article, including
Section 2207. The report require pursuant to this clause shall be
submitted in compliance with Section 9795 of the Government Code and
the reporting requirement shall be inoperative on January 1, 2020,
pursuant to Section 10231.5 of the Government Code.
(B) On or before January 1, 2018, and each year thereafter, the
State Mine Inspector shall submit to the board and the director a
report on the activities of the Abandoned Mines Land Unit. This
report shall include, but is not limited to, all of the following:
(i) The number and location of known abandoned mines identified
along with any associated features and supporting documentation.
(ii) Type of mine site and minerals or materials mined.
(iii) Summary of assessment and overall mitigation activities and
mitigation activities per site performed to date.
(iv) Prioritized assessment of sites that present an imminent
danger to public health, safety, and welfare, and to the environment.
(v) Available funding and efforts to obtain funding to mitigate
high-risk sites.
(vi) Planned activities for the upcoming year.
(C) (i) In addition to reporting fees, the board shall collect
five dollars ($5) per ounce of gold and ten cents ($0.10) per ounce
of silver mined within the state and shall deposit the fees collected
in the Abandoned Mine Reclamation and Minerals Fund Subaccount,
which is hereby created in the Mine Reclamation Account. The
department may expend the moneys in the subaccount, upon
appropriation by the Legislature, for only the purposes of Section
2796.5 and as authorized herein for the remediation of abandoned
mines.
(ii) Notwithstanding subdivision (j) of Section 2796.5, fees
collected pursuant to clause (i) may also be used to remediate
features of historic abandoned mines and lands that they impact. For
the purposes of this section, historic abandoned mines are mines for
which operations have been conducted before January 1, 1976, and
include, but are not limited to, historic gold and silver mines.
(5) In case of late payment of the reporting fee, a penalty of not
less than one hundred dollars ($100) or 10 percent of the amount
due, whichever is greater, plus interest at the rate of 11/2 percent
per month, computed from the delinquent date of the assessment until
and including the date of payment, shall be assessed. New mining
operations that have not submitted a report shall submit a report
prior to commencement of operations. The new operation shall submit
its fee according to the reasonable fee schedule adopted by the
board, and the month that the report is received shall become that
operation's anniversary month.
(e) The lead agency, or the board or State Mine Inspector when
acting as the lead agency pursuant to Section 2774.4, may impose a
fee upon each mining operation to cover the reasonable costs incurred
in implementing this chapter and Chapter 9 (commencing with Section
2710).
(f) For purposes of this section, "mining operation" means a
mining operation of any kind or character whatsoever in this state,
including, but not limited to, a mining operation that is classified
as a "surface mining operation" as defined in Section 2735, unless
excepted by Section 2714. For the purposes of fee collections only,
"mining operation" may include one or more mines operated by a single
operator or mining company on one or more sites, if the total annual
combined mineral production for all sites is less than 100 troy
ounces for precious metals, if precious metals are the primary
mineral commodity produced, or less than 100,000 short tons if the
primary mineral commodity produced is not precious metals.
(g) Any information in reports submitted pursuant to subdivision
(a) that includes or otherwise indicates the total mineral
production, reserves, or rate of depletion of any mining operation
may not be disclosed to any member of the public, as defined in
subdivision (b) of Section 6252 of the Government Code. Other
portions of the reports are public records unless excepted by
statute. Statistical bulletins based on these reports and published
under Section 2205 shall be compiled to show, for the state as a
whole and separately for each lead agency, the total of each mineral
produced therein. In order not to disclose the production, reserves,
or rate of depletion from any identifiable mining operation, no
production figure shall be published or otherwise disclosed unless
that figure is the aggregated production of not less than three
mining operations. If the production figure for any lead agency would
disclose the production, reserves, or rate of depletion of less than
three mining operations or otherwise permit the reasonable inference
of the production, reserves, or rate of depletion of any
identifiable mining operation, that figure shall be combined with the
same figure of not less than two other lead agencies without regard
to the location of the lead agencies. The bulletin shall be published
annually by June 30 or as soon thereafter as practicable.
(h) The approval of a form by the board pursuant to this section
is not the adoption of a regulation for purposes of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code and is not subject to that chapter.
SEC. 7. Section 2208 of the Public Resources Code is amended to
read:
2208. The State Mine Inspector, State Geologist, director, or a
qualified assistant may at any time enter or examine any and all
mines, quarries, wells, mills, reduction works, refining works, and
other mineral properties or working plants in this state in order to
gather data to comply with the provisions of this chapter.
SEC. 8. Section 2209 of the Public Resources Code is amended to
read:
2209. The director or the State Geologist may fix a price upon
and dispose of to the public all publications of the division,
including reports, bulletins, maps, registers, or other publications.
The price shall approximate the cost of publication and
distribution. The director or the State Geologist may also furnish
the publications of the division to public libraries without cost and
may exchange publications with geological surveys, scientific
societies, and other like bodies.
SEC. 9. Section 2210 of the Public Resources Code is amended to
read:
2210. All money received by the division and the State Geologist
from sales of publications issued by the division shall be deposited
at least once each month in the State Treasury to the credit of the
General Fund.
SEC. 10. Section 2732.5 of the Public Resources Code is amended to
read:
2732.5. "Permit" means a land use authorization from, or approval
by, a lead agency, the absence of which would preclude surface
mining operations.
SEC. 11. Section 2733 of the Public Resources Code is amended to
read:
2733. "Reclamation" means the combined process of land treatment
that minimizes water degradation, air pollution, damage to aquatic or
wildlife habitat, flooding, erosion, and other adverse effects from
surface mining operations, including adverse surface effects
incidental to underground mines, so that mined lands are reclaimed,
to a usable condition that is readily adaptable for alternate land
uses, and create no danger to public health or safety. The process
may extend to affected lands surrounding mined lands; may require
backfilling, grading, resoiling, revegetation, soil compaction,
stabilization, or other measures; and shall be certified by a
registered professional geologist, geophysicist, or civil engineer.
SEC. 12. Section 2770 of the Public Resources Code is amended to
read:
2770. (a) Except as provided in this section, a person shall not
conduct surface mining operations unless a permit is
obtained from, obtained, a reclamation plan
, including any required amendments, has been
submitted to and approved by, have been approved,
and financial assurances for reclamation have been
approved by, approved and adjusted annually in
compliance with paragraph (3) of subdivision (a) of Section 2773.1,
by the lead agency for the operation pursuant to this
article. operation. Where the State Mine
Inspector has assumed the lead agency's authority pursuant to Section
2774.4, a person shall not conduct surface mining
operations shall not be conducted in that
jurisdiction unless, in addition to having a permit approved by
the lead agency, the person has a current
reclamation plan , including any required amendments, approved
by the State Mine Inspector, and financial assurances for
reclamation approved have been approved and
adjusted annually in compliance with paragraph (3) of subdivision (a)
of Section 2773.1 by the State Mine Inspector.
(b) A person with an existing surface mining operation who has
vested rights pursuant to Section 2776 and who does not have an
approved reclamation plan shall submit a reclamation plan to the lead
agency not later than March 31, 1988. If a reclamation plan
application is not on file by March 31, 1988, the continuation of the
surface mining operation is prohibited until a reclamation plan is
submitted to the lead agency. For purposes of this subdivision, a
reclamation plan may consist of all or the appropriate sections of
any plans or written agreements previously approved by the lead
agency or another agency, together with any additional documents
needed to substantially meet the requirements of Sections 2772 and
2773 and the lead agency surface mining ordinance adopted pursuant to
subdivision (a) of Section 2774, provided that all documents which
together were proposed to serve as the reclamation plan are submitted
for approval to the lead agency in accordance with this chapter.
(c) The lead agency shall administratively review, at least
annually, and make any changes, to ensure financial assurances for
all surface mining operations within its jurisdiction are in
accordance with subdivision (d). If the State Mine Inspector has
assumed the lead agency's authority pursuant to Section 2774.4, a
person operating a surface mining operation within the lead agency's
jurisdiction shall submit financial assurances for reclamation to the
State Mine Inspector within 60 days after the State Mine Inspector's
assumption for review and approval in accordance with subdivision
(d). The State Mine Inspector shall administratively review, at least
annually, and make any changes, to ensure financial assurances for
all mining operations for which the State Mine Inspector has
authority pursuant to Section 2774.4 are in accordance with
subdivision (d). The review of existing financial assurances shall
not be considered a project for purposes of Division 13 (commencing
with Section 21000).
(d) The review of a reclamation plan submitted pursuant to
subdivision (b) or the review of financial assurances pursuant to
subdivision (c) is limited to whether the plan or the financial
assurances substantially meet the applicable requirements of Sections
2772, 2773, and 2773.1, and the lead agency surface mining ordinance
adopted pursuant to subdivision (a) of Section 2774, but, in any
event, the lead agency or the State Mine Inspector, as the case may
be, shall require that financial assurances for reclamation be
sufficient to perform reclamation of lands remaining disturbed. For
purposes of this chapter, reclamation plans or financial assurances
determined to substantially meet these requirements shall be
approved. Reclamation plans or financial assurances determined not to
substantially meet these requirements shall be returned to the
operator within 60 days. The operator shall have 60 days to revise
the plan or financial assurances to address identified deficiencies,
at which time the revised plan or financial assurances shall be
returned to the lead agency, or the State Mine Inspector, as the case
may be, for review and approval, or the revised reclamation plan
shall be returned to the director State Mine
Inspector for review and approval. Except as specified in
subdivision (e) or (i), the continuation of the surface mining
operation is prohibited until a reclamation plan and financial
assurances for reclamation are approved.
(e) (1) A person who, based on the evidence of the record, claims
that a lead agency has (A) failed to act according to due process or
has relied on considerations not related to the specific applicable
requirements of Sections 2772, 2773, and 2773.1, and the lead agency
surface mining ordinance adopted pursuant to subdivision (a) of
Section 2774, in reaching a decision to approve or
deny approval of a reclamation plan, (B) failed to act within a
reasonable time of receipt of a completed application, or (C) failed
to review and approve reclamation plans as required by subdivisions
(c) and (d), may appeal that action or inaction to the board.
(2) A person who, based on the evidence of the record, claims that
the State Mine Inspector has either (A) failed to act according to
due process or has relied on considerations not related to the
specific applicable requirements of Sections 2772, 2773, and 2773.1,
in reaching a decision to approve or deny approval of financial
assurances, or (B) failed to review and approve financial assurances
as required by subdivisions (c) and (d), may appeal that action or
inaction to the board.
(f) The board may decline to hear an appeal if it determines that
the appeal raises no substantial issues related to the lead agency's
or the State Mine Inspector's review pursuant to this section.
(g) Appeals that the board does not decline to hear shall be
scheduled and heard at a public hearing within 45 days of the filing
of the appeal, or a longer period as may be mutually agreed upon by
the board and the person filing the appeal. In hearing an appeal, the
board shall only determine whether the reclamation plan or the
financial assurances substantially meet the applicable requirements
of Sections 2772, 2773, and 2773.1, and the lead agency surface
mining ordinance adopted pursuant to subdivision (a) of Section 2774.
A reclamation plan or financial assurances determined to meet these
requirements shall be approved. A reclamation plan or financial
assurances determined not to meet these requirements shall be
returned to the operator with a notice of deficiencies, who shall be
granted, once only, a period of 30 days, or a longer period mutually
agreed upon by the operator and the board, to correct the noted
deficiencies and submit the revised reclamation plan or financial
assurances to the lead agency or the State Mine Inspector, as the
case may be, for review and approval.
(h) (1) Within 90 days of a surface mining operation becoming
idle, as defined in Section 2727.1, the operator shall submit to the
lead agency for review and approval, an interim management plan. The
review and approval of an interim management plan shall not be
considered a project for purposes of Division 13 (commencing with
Section 21000). The approved interim management plan shall be
considered an amendment to the surface mining operation's approved
reclamation plan, for purposes of this chapter. The interim
management plan shall provide measures the operator will implement to
maintain the site in compliance with this chapter, including, but
not limited to, all permit conditions.
(2) The interim management plan may remain in effect for a period
not to exceed five years, at which time the lead agency shall do one
of the following:
(A) Renew the interim management plan for an additional period not
to exceed five years, which may be renewed for one additional
five-year renewal period at the expiration of the first five-year
renewal period, if the lead agency finds that the surface mining
operator has complied fully with the interim management plan.
(B) Require the surface mining operator to commence reclamation in
accordance with its approved reclamation plan.
(3) The financial assurances required by Section 2773.1 shall
remain in effect during the period that the surface mining operation
is idle. If the surface mining operation is still idle after the
expiration of its interim management plan, the surface mining
operation shall commence reclamation in accordance with its approved
reclamation plan.
(4) Within 60 days of the receipt of the interim management plan,
or a longer period mutually agreed upon by the lead agency and the
operator, the lead agency shall review and approve the plan in
accordance with its ordinance adopted pursuant to subdivision (a) of
Section 2774, so long as the plan satisfies the requirements of this
subdivision, and so notify the operator in writing. Otherwise, the
lead agency shall notify the operator in writing of any deficiencies
in the plan. The operator shall have 30 days, or a longer period
mutually agreed upon by the operator and the lead agency, to submit a
revised plan.
(5) The lead agency shall approve or deny approval of the revised
interim management plan within 60 days of receipt. If the lead agency
denies approval of the revised interim management plan, the operator
may appeal that action to the lead agency's governing body, which
shall schedule a public hearing within 45 days of the filing of the
appeal, or a longer period mutually agreed upon by the operator and
the governing body.
(6) Unless review of an interim management plan is pending before
the lead agency, or an appeal is pending before the lead agency's
governing body, a surface mining operation that remains idle for over
one year after becoming idle as defined in Section 2727.1 without
obtaining approval of an interim management plan shall be considered
abandoned and the operator shall commence and complete reclamation in
accordance with the approved reclamation plan.
(i) An enforcement action that may be brought against a surface
mining operation for operating without an approved reclamation plan,
financial assurance, or interim management plan shall be held in
abeyance pending review pursuant to subdivision (b), (c), (d), or
(h), or the resolution of an appeal filed with the board pursuant to
subdivision (e), or with a lead agency governing body pursuant to
subdivision (h).
SEC. 13. Section 2770.6 of the Public
Resources Code is amended to read:
2770.6. (a) Whenever If surface
mining operations are proposed within the boundaries of the San
Gabriel Basin Water Quality Authority that may penetrate the
groundwater, and whenever if proposed
reclamation activities may impact groundwater quality, the lead
agency , or the State Mine Inspector, as the case may be,
reviewing an application to conduct surface mining operations, or
reviewing an application for the approval of a reclamation plan,
shall notify and provide copies of the subject application to the
appropriate California regional water quality control board, and any
watermaster for the groundwater recharge basin. Notwithstanding any
other provision of law, the appropriate California
regional water quality control board may impose an administrative
fee on the applicant to cover its costs associated with the review
of, and preparation of, comments on the subject application, as
required pursuant to this section.
(b) Each agency shall have 60 days to review and comment on the
proposed surface mining operation described in subdivision (a) and
the adoption of any reclamation plan therefor. Each agency shall
comment on the existing groundwater quality and the potential impacts
to water quality that may result from the mining operations and the
proposed reclamation plan, and shall recommend methods and procedures
to protect groundwater quality and prevent groundwater degradation.
Each agency shall also comment on the proposed mining activities,
including the conduct of excavation and backfilling operations in
contact with groundwater, and the impact of any proposed alternative
land uses on groundwater quality. When If
the proposed surface mining operations or reclamation plan will
impact the groundwater, the lead agency , or the State Mine
Inspector, as the case may be, shall not approve the
reclamation plan without requiring actions to ensure the reasonable
protection of the beneficial uses of groundwater and the prevention
of nuisance. Each agency shall have 60 days to review and comment or
until 60 days from the date of application, whichever occurs first.
(c) This section applies to activities otherwise subject to this
chapter conducted within the boundaries of the San Gabriel Basin
Water Quality Authority. To the extent of any conflict between this
section and any other provision of this chapter, this section shall
prevail.
SEC. 13. SEC. 14. Section 2772 of
the Public Resources Code is amended to read:
2772. (a) The reclamation plan shall be filed with the lead
agency, on a form developed by the board, with provisions for
additional information provided at the discretion of the lead agency,
by any person who owns, leases, or otherwise controls or operates on
all, or any portion, of any mined lands, and who plans to conduct
surface mining operations on the lands.
(b) All documentation for the reclamation plan shall be submitted
by the lead agency to the department at one time.
(c) The reclamation plan shall include all of the following
information and documents:
(1) The name and address of the surface mining operator and the
names and addresses of any persons designated by the operator as an
agent for the service of process.
(2) The anticipated quantity and type of minerals for which the
surface mining operation is to be conducted.
(3) The proposed dates for the initiation and termination of
surface mining operation.
(4) The maximum anticipated depth of the surface mining operation.
(5) The size and legal description of the lands that will be
affected by the surface mining operation, a map that includes the
boundaries and topographic details of the lands, a description of the
general geology of the area, a detailed description of the geology
of the area in which surface mining is to be conducted, the location
of all streams, roads, railroads, and utility facilities within, or
adjacent to, the lands, the location of all proposed access roads to
be constructed in conducting the surface mining operation, and the
names and addresses of the owners of all surface interests and
mineral interests in the lands.
(6) A description of, and a plan for, the type of surface mining
to be employed, and a time schedule that will provide for the
completion of surface mining on each segment of the mined lands so
that reclamation can be initiated at the earliest possible time on
those portions of the mined lands that will not be subject to further
disturbance by the surface mining operation.
(7) A description of the proposed use or potential uses of the
mined lands after reclamation and evidence that all owners of a
possessory interest in the land have been notified of the proposed
use or potential uses.
(8) A description of the manner in which reclamation, adequate for
the proposed use or potential uses, will be accomplished, as
certified by a registered professional geologist, geophysicist, or
civil engineer, pursuant to Section 2733, including both of the
following:
(A) A description of the manner in which contaminants will be
controlled, and mining waste will be disposed.
(B) A description of the manner in which affected streambed
channels and streambanks will be rehabilitated to a condition
minimizing erosion and sedimentation will occur.
(9) An assessment of the effect of implementation of the
reclamation plan on future mining in the area.
(10) A statement that the person submitting the reclamation plan
accepts responsibility for reclaiming the mined lands in accordance
with the reclamation plan.
(11) A schedule with time limits, updated annually, for completing
reclamation in accordance with the reclamation plan and the
then-current condition of the mining site. The requirement for
an annually updated schedule does not, by itself, require an
amendment to the existing reclamation plan.
(12) Any other information that the lead agency may require by
ordinance.
(d) An item of information or a document required pursuant to
subdivision (c) that has already been prepared as part of a permit
application for the surface mining operation, or as part of an
environmental document prepared for the project pursuant to Division
13 (commencing with Section 21000), may be included in the
reclamation plan by reference, if that item of information or that
document is attached to the reclamation plan when the lead agency
submits the reclamation plan to the director for review. To the
extent that the information or document referenced in the reclamation
plan is used to meet the requirements of subdivision (c), the
information or document shall become part of the reclamation plan and
shall be subject to all other requirements of this article.
(e) Nothing in this section is intended to
This section does not limit or expand the department'
s State Mine Inspector's authority or
responsibility to review a document in accordance with Division 13
(commencing with Section 21000).
SEC. 14. SEC. 15. Section 2773.1 of
the Public Resources Code is amended to read:
2773.1. (a) Financial assurances, based on the most recent
inspection by the lead agency or the State Mine Inspector, as the
case may be, shall be required of each surface mining operation to
ensure reclamation is performed in accordance with the surface mining
operation's approved reclamation plan, as follows:
(1) Financial assurances may take the form of surety bonds
executed by an admitted surety insurer, as defined in subdivision (a)
of Section 995.120 of the Code of Civil Procedure, irrevocable
letters of credit, trust funds, or other forms of financial
assurances specified by the board pursuant to subdivision (e), that
the lead agency or the State Mine Inspector, as the case may be,
reasonably determines are adequate to perform reclamation in
accordance with the surface mining operation's approved reclamation
plan.
(2) The financial assurances shall remain in effect for the
duration of the surface mining operation and any additional period
until reclamation is completed.
(3) (A) The amount of financial assurances required of a surface
mining operation for any one year shall be adjusted annually by the
lead agency or the State Mine Inspector, as the case may be, to
account for new lands disturbed by surface mining operations,
inflation, and reclamation of lands accomplished in accordance with
the approved reclamation plan.
(B) The annual adjustment of financial assurances is not subject
to the procedures specified in paragraph (3) of subdivision (d) of
Section 2774 unless made in response to an amendment to an existing
reclamation plan.
(4) The financial assurances shall be made payable to the lead
agency and the department. Financial assurances that were approved by
the lead agency prior to January 1, 1993, and were made payable to
the State Geologist shall be considered payable to the department for
purposes of this chapter. However, if a surface mining operation has
received approval of its financial assurances from a public agency
other than the lead agency, the lead agency or the State Mine
Inspector, as the case may be, shall deem those financial assurances
adequate for purposes of this section, or shall credit them toward
fulfillment of the financial assurances required by this section, if
they are made payable to the public agency, the lead agency, and the
department and otherwise meet the requirements of this section. In
any event, if a lead agency and one or more public agencies exercise
jurisdiction over a surface mining operation, the total amount of
financial assurances required by the lead agency or the State Mine
Inspector, as the case may be, and the public agencies for any one
year shall not exceed that amount that is necessary to perform
reclamation of lands remaining disturbed. For purposes of this
paragraph, a "public agency" may include a federal agency but does
not include the State Mine Inspector.
(b) If the lead agency or the board, following a public hearing,
determines that the operator is financially incapable of performing
reclamation in accordance with its approved reclamation plan, or has
abandoned its surface mining operation without commencing
reclamation, either the lead agency or the State Mine Inspector shall
do all of the following:
(1) Notify the operator by personal service or certified mail that
the lead agency or the State Mine Inspector intends to take
appropriate action to forfeit the financial assurances and specify
the reasons for so doing.
(2) (A) Allow the operator 60 days to commence or cause the
commencement of reclamation in accordance with its approved
reclamation plan and require that reclamation be completed within the
time limits specified in the approved reclamation plan or some other
time period mutually agreed upon by the lead agency or the State
Mine Inspector and the operator.
(B) If no time period is specified in the reclamation plan, or if
the time period specified is determined by the lead agency or the
State Mine Inspector to be inappropriate for the condition of the
site, the lead agency or the Sate State
Mine Inspector shall determine a time period for reclamation to be
completed if an agreement for such a time period cannot be reached
between the lead agency or the State Mine Inspector and the operator.
(3) Proceed to take appropriate action to require forfeiture of
the financial assurances if the operator does not substantially
comply with paragraph (2).
(4) Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. In no event shall the financial assurances be used
for any other purpose. The operator is responsible for the costs of
conducting and completing reclamation in accordance with the approved
reclamation plan that are in excess of the proceeds from the
forfeited financial assurances.
(c) Financial assurances shall no longer be required of a surface
mining operation, and shall be released, upon written notification by
the lead agency, with the written concurrence of the State Mine
Inspector, which shall be forwarded to the operator, that reclamation
has been completed in accordance with the approved reclamation plan.
If a mining operation is sold or ownership is transferred to another
person, the existing financial assurances shall remain in force and
shall not be released by the lead agency or the State Mine Inspector
until new financial assurances are secured from the new owner and
have been approved by the lead agency or the State Mine Inspector, as
the case may be, in accordance with Section 2770.
(d) (1) The lead agency shall have primary responsibility to seek
forfeiture of financial assurances and to reclaim mine sites under
subdivision (b). However, in cases where the board is not the lead
agency pursuant to Section 2774.4, the State Mine Inspector may act
to seek forfeiture of financial assurances and reclaim mine sites
pursuant to subdivision (b) only if both of the following occurs:
(A) The financial incapability of the operator or the abandonment
of the mining operation has come to the attention of the State Mine
Inspector.
(B) The lead agency has been notified in writing by the State Mine
Inspector of the financial incapability of the operator or the
abandonment of the mining operation for at least 15 days, and has not
taken appropriate measures to seek forfeiture of the financial
assurances and reclaim the mine site; and one of the following has
occurred:
(i) The lead agency has been notified in writing by the State Mine
Inspector that failure to take appropriate measures to seek
forfeiture of the financial assurances or to reclaim the mine site
shall result in actions being taken against the lead agency under
Section 2774.4.
(ii) The State Mine Inspector determines that there is a violation
that amounts to an imminent and substantial endangerment to the
public health, safety, or to the environment.
(iii) The lead agency notifies the State Mine Inspector in writing
that its good faith attempts to seek forfeiture of the financial
assurances have not been successful.
(2) The State Mine Inspector, in seeking forfeiture of financial
assurances and reclaiming mine sites, shall do all of the following:
(A) Notify the operator by personal service or certified mail that
the State Mine Inspector intends to take appropriate action to
forfeit the financial assurances and specify the reasons for so
doing.
(B) (i) Allow the operator 60 days to commence or cause the
commencement of reclamation in accordance with its approved
reclamation plan and require that reclamation be completed within the
time limits specified in the approved reclamation plan or some other
time period mutually agreed upon by the State Mine Inspector and the
operator.
(ii) If no time period is specified in the reclamation plan, or if
the time period specified is determined by the State Mine Inspector
to be inappropriate for the condition of the site, the State Mine
Inspector shall determine a time period for reclamation to be
completed if an agreement for such a time period cannot be reached
between the State Mine Inspector and the operator pursuant to clause
(i).
(C) Proceed to take appropriate action to require forfeiture of
the financial assurances if the operator does not substantially
comply with subparagraph (B).
(D) Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. In no event shall the financial assurances be used
for any other purpose. The operator shall be responsible for the
costs of conducting and completing reclamation in accordance with the
approved reclamation plan that are in excess of the proceeds from
the forfeited financial assurances.
(e) The board may adopt regulations specifying financial assurance
mechanisms other than surety bonds, irrevocable letters of credit,
and trust funds, that the board determines are reasonably available
and adequate to ensure reclamation pursuant to this chapter, but
these mechanisms may not include financial tests, or surety bonds
executed by one or more personal sureties. These mechanisms may
include reclamation bond pool programs.
(f) The board shall adopt, and update as required, guidelines to
implement this section. The guidelines are exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and are not subject
to review by the Office of Administrative Law.
SEC. 15. SEC. 16. Section 2774 of
the Public Resources Code is amended to read:
2774. (a) Every lead agency shall adopt ordinances in accordance
with state policy that establish procedures for the review and
approval of reclamation plans and financial assurances, and the
issuance of a permit to conduct surface mining operations, as well as
receipt of financial assurances approved by the State Mine Inspector
when authorized pursuant to Section 2774.4, except that any lead
agency without an active surface mining operation in its jurisdiction
may defer adopting an implementing ordinance until the filing of a
permit application. The ordinances shall establish procedures
requiring at least one public hearing and shall be periodically
reviewed by the lead agency and revised, as necessary, with notice to
the board of any changes, to ensure that the ordinances continue to
be in accordance with state policy.
(b) (1) The lead agency shall conduct an
inspection of a surface mining operation within six months of receipt
by the lead agency of the surface mining operation's report
submitted pursuant to Section 2207, solely to determine whether the
surface mining operation is in compliance with this chapter. In no
event shall the lead agency inspect a surface mining operation less
than once in any calendar year. The lead agency shall cause any
inspection to be conducted by a state licensed geologist, or state
licensed civil engineer, who is experienced in land reclamation and
who has not been employed by a surface mining operation within the
jurisdiction of the lead agency in any capacity during the previous
12 months. If a lead agency operates a surface mine, the inspector
shall not have been an employee of the lead agency in any capacity
during the previous 12 months , unless commencing January 1,
2018, the inspector has satisfactorily completed mine inspection
training from the State Mine Inspector within the previous two years
pursuant to paragraph (2) . All inspections shall be conducted
using a form developed by the department and approved by the board
that shall include the professional licensing and disciplinary
information of the person who conducted the inspection. The operator
shall be solely responsible for the reasonable cost of the
inspection. The lead agency shall notify the State Mine Inspector
within 30 days of the date of completion of the inspection that the
inspection has been conducted. The notice shall contain a statement
regarding the surface mining operation's compliance with this
chapter, shall include a copy of the completed inspection
form, and shall specify which aspects
of the surface mining operations, if any, are inconsistent with this
chapter. If the surface mining operation has a review of its
reclamation plan, financial assurances, or an interim management plan
pending under subdivision (b), (c), (d), or (h) of Section 2770, or
an appeal pending before the board or lead agency governing body
under subdivision (e) or (h) of Section 2770, the notice shall so
indicate. The lead agency shall forward to the operator a copy of the
notice, a copy of the completed inspection form, and any supporting
documentation, including, but not limited to, any inspection report
prepared by the geologist or civil engineer who conducted the
inspection. A lead agency's failure to comply with the requirements
of this section shall be cause for action pursuant to Section 2774.4.
(2) On or before January 1, 2018, and on an ongoing basis after
that date, the State Mine Inspector shall offer lead agencies
continuing educational opportunities that qualifies employees of the
lead agencies to be credentialed, as appropriate, by the State Mine
Inspector, to inspect mines.
(c) Where, If pursuant to Section
2774.4, 2774.4 the State Mine Inspector
has assumed a lead agency's authority, inspections shall be
carried out in accordance with subdivision (b) the
State Mine Inspector shall carry out inspections in that jurisdiction
in accordance with subdivision (b) . The operator shall be
solely responsible for the reasonable cost of the inspection. The
State Mine Inspector shall notify the lead agency within 30 days of
the date of completion of the inspection that the inspection has been
conducted. The notice shall contain a statement regarding the
surface mining operation's compliance with this chapter, shall
include a copy of the completed inspection form, and shall specify
which aspects of the surface mining operations, if any, are
inconsistent with this chapter. If the surface mining operation has a
review of its reclamation plan, financial assurances, or an interim
management plan pending under subdivision (b), (c), (d), or (h) of
Section 2770, or an appeal pending before the board or lead agency
governing body under subdivision (e) or (h) of Section 2770, the
notice shall so indicate. The State Mine Inspector shall forward to
the operator a copy of the notice, a copy of the completed inspection
form, and any supporting documentation, including, but not limited
to, any inspection report prepared by the geologist or civil engineer
who conducted the inspection.
(d) Before approving a surface mining operation's reclamation
plan, financial assurances, including existing financial assurances
reviewed by the lead agency pursuant to subdivision (c) of Section
2770, or any plan amendments, the lead agency shall submit the plan,
assurances, or amendments to the State Mine Inspector for review. All
documentation for that submission shall be submitted to the State
Mine Inspector at one time. When the lead agency submits a
reclamation plan or plan amendments to the State Mine Inspector for
review, the lead agency shall also submit to the State Mine
Inspector, for use in reviewing the reclamation plan or plan
amendments, information from any related document prepared, adopted,
or certified pursuant to Division 13 (commencing with Section 21000),
and shall submit any other pertinent information. The lead agency
shall certify in writing to the State Mine Inspector that the
reclamation plan is complete and in compliance with the applicable
requirements of this chapter and Article 1 (commencing with Section
3500) of Chapter 8 of Division 2 of Title 14 of the California Code
of Regulations and the lead agency's mining ordinance in effect at
the time that the reclamation plan is submitted to the State Mine
Inspector for review.
(e) (1) The State Mine Inspector shall have 30 days from the date
of receipt of a complete reclamation plan or complete plan amendments
and financial assurances submitted pursuant to subdivision (d) to
prepare written comments, if the State Mine Inspector so chooses. The
lead agency shall evaluate written comments received from the State
Mine Inspector relating to the reclamation plan, plan amendments, or
financial assurances within a reasonable amount of time.
(2) The lead agency shall prepare a written response to the State
Mine Inspector's comments describing the disposition of the major
issues raised by the State Mine Inspector's comments, and submit the
lead agency's proposed response to the State Mine Inspector at least
30 days prior to approval of the reclamation plan, plan amendment, or
financial assurances. The lead agency's response to the State Mine
Inspector's comments shall describe whether the lead agency proposes
to adopt the State Mine Inspector's comments to the reclamation plan,
plan amendment, or financial assurances. If the lead agency does not
propose to adopt the State Mine Inspector's comments, the lead
agency shall specify, in detail, why the lead agency proposes not to
adopt the comments. Copies of any written comments received and
responses prepared by the lead agency shall be forwarded to the
operator. The lead agency shall also give the State Mine Inspector at
least 30 days' notice of the time, place, and date of the hearing
before the lead agency at which the reclamation plan, plan amendment,
or financial assurances may be approved by the lead agency. If no
hearing is required by this chapter, or by the local ordinance, or
other state law, then the lead agency shall provide 30 days' notice
to the State Mine Inspector that it intends to approve the
reclamation plan, plan amendment, or financial assurances.
If the State Mine Inspector is dissatisfied with the lead agency's
approval, the State Mine Inspector may seek judicial review of that
approval pursuant to Section 1094.5 of the Code of Civil Procedure
within 30 days of notice of the lead agency's action.
The State Mine Inspector, notwithstanding subdivision (e) of Section
2770, may appeal the lead agency's approval to the board within 30
days notice of the lead agency's action. Lead agency approval
of a reclamation plan, plan amendment, or financial assurances that
is inconsistent with this chapter shall be cause for action under
Section 2774.4, whether judicial review of the approval was obtained
or not.
(3) (A) Prior to approving initial financial assurances for a
reclamation plan or any amendments, pursuant to subdivision (a) of
Section 2770, the State Mine Inspector shall have 45 days from the
date of receipt of a complete reclamation plan or complete plan
amendments submitted pursuant to subdivision (c) to prepare financial
assurances for reclamation pursuant to the proposed reclamation plan
and to submit the proposed financial assurances to the lead agency
for review.
(3) (A) If the State Mine Inspector has assumed lead agency
authority for any mine operation pursuant to Section 2774.4, before
approving a reclamation plan or financial assurances, or any
amendments pursuant to subdivision (a) of Section 2770, the State
Mine Inspector shall submit the proposed reclamation plan, financial
assurances, or any amendments to the former lead agency for review.
All documentation for that submission shall be submitted to the lead
agency at one time.
(B) The former lead agency shall have 30 days from the
date of its receipt of the financial assurances
documentation to evaluate the financial
assurances proposal prepared by the State Mine
Inspector and to submit written comments, if the former
lead agency so chooses.
(C) The State Mine Inspector shall evaluate any written comments
received from the former lead agency pursuant to
subparagraph (B) and shall , within a reasonable
time, prepare a written response to the former lead
agency's comments, describing the disposition of the major issues
raised by the former lead agency's comments. The response
shall indicate whether the State Mine Inspector proposes to adopt the
former lead agency's comments or, if not, shall specify,
in detail, why the State Mine Inspector does not propose to
adopt the lead agency's comments do so . Copies
of any written comments received and responses prepared by the State
Mine Inspector shall be forwarded to the operator. The State
Mine Inspector shall submit the response and the approved financial
assurances to the lead agency and to the operator within 30 days of
receipt of the lead agency's comments. former lead
agency, notwithstanding subdivision (e) of Section 2770, may appeal
the State Mine Inspector's approval to the board within 30 days
notice of the State Mine Inspector's action.
(4) To the extent that there is a conflict between the comments of
a trustee agency or a responsible agency that are based on the
agency's statutory or regulatory authority and the comments of other
commenting agencies that are received by the lead agency pursuant to
Division 13 (commencing with Section 21000) regarding a reclamation
plan or plan amendments, the lead agency shall consider only the
comments of the trustee agency or responsible agency.
(e)
(f) A lead agency shall notify the State Mine Inspector
of the filing of an application for a permit to conduct surface
mining operations within 30 days of an application being filed with
the lead agency. By July 1 of each year, the lead agency shall submit
to the State Mine Inspector for each active or idle mining operation
a copy of any permit or reclamation plan amendments, as applicable,
or a statement that there have been no changes during the previous
year. Failure to file with the State Mine Inspector the information
required under this section shall be cause for action under Section
2774.4.
SEC. 16. SEC. 17. Section 2774.1 of
the Public Resources Code is amended to read:
2774.1. (a) Except as provided in subdivision (i) of Section
2770, if the lead agency or the State Mine Inspector determines,
based upon an annual inspection pursuant to Section 2774,
or otherwise confirmed by an inspection of the
mining operation, that a surface mining operation is not in
compliance with this chapter, the lead agency or the State Mine
Inspector shall notify the operator of that violation by personal
service or certified mail. The notice of violation shall specify the
remedial steps to be taken to correct any noncompliance identified in
the notice, as well as a reasonable time for compliance of each
instance of noncompliance if compliance cannot reasonably be attained
within 30 days of the date of the notice. If a violation extends
beyond 30 days after the date of the lead agency's or the State Mine
Inspector's notification, unless the operator has accepted a scope of
work and schedule, agreed to by the lead agency or the State Mine
Inspector, for achieving compliance, the lead agency or the State
Mine Inspector shall issue an order by personal service or certified
mail requiring the operator to comply with this chapter or, if the
operator does not have an approved reclamation plan or financial
assurances, to cease all further mining activities.
(b) An order issued under subdivision (a) shall not take effect
until the operator has been provided a hearing before the lead agency
for orders issued by the lead agency, or board for orders issued by
the State Mine Inspector, concerning the alleged violation. An order
issued under subdivision (a) shall specify which aspects of the
surface mine's activities or operations are inconsistent with this
chapter, shall specify a time for compliance that the lead agency or
State Mine Inspector determines is reasonable, taking into account
the seriousness of the violation and any good faith efforts to comply
with applicable requirements, and shall set a date for the hearing,
which shall not be sooner than 30 days after the date of the order.
(c) Following the issuance of an order under subdivision (a), the
lead agency or the State Mine Inspector shall be entitled to access
to the mining operation to inspect the status of compliance with the
order. Entitlement to access shall be without further notice than the
order, and shall end only when the lead agency or the State Mine
Inspector determines that compliance with the order has been attained
or the order is reversed on appeal, whichever is sooner.
(d) An operator who violates or fails to comply with an order
issued under subdivision (a) after the order's effective date, as
provided in subdivision (b), or who fails to submit a report to the
State Mine Inspector or lead agency as required by Section 2207,
shall be subject to an order by the lead agency or the State Mine
Inspector imposing an administrative penalty of not more than five
thousand dollars ($5,000) per day, assessed from the original date of
noncompliance with this chapter or Section 2207. The penalty may be
imposed administratively by the lead agency or the State Mine
Inspector. In determining the amount of the administrative penalty,
the lead agency or the State Mine Inspector shall take into
consideration the nature, circumstances, extent, and gravity of the
violation or violations, any prior history of violations, the degree
of culpability, economic savings, if any, resulting from the
violation, and any other matters justice may require. Orders setting
administrative penalties shall become effective upon issuance of the
order and payment shall be made to the lead agency or the State Mine
Inspector within 30 days, unless the operator petitions the
legislative body of the lead agency, the board, or the superior court
for review as provided in Section 2774.2. An order shall be served
by personal service or by certified mail upon the operator. Penalties
collected by the State Mine Inspector shall not be used for purposes
other than to cover the reasonable costs incurred by the board or
the State Mine Inspector in implementing this chapter or Section
2207.
(e) If the lead agency or the State Mine Inspector determines that
the surface mine is not in compliance with this chapter, so that the
surface mine presents an imminent and substantial endangerment to
the public health or the environment, the lead agency or the Attorney
General, on behalf of the State Mine Inspector, may seek an order
from a court of competent jurisdiction enjoining that operation.
(f) Upon a complaint by the department, the State Mine Inspector,
or the board, the Attorney General may bring an action to recover
administrative penalties under this section, and penalties under
Section 2207, in any court of competent jurisdiction in this state
against any person violating any provision of this chapter or Section
2207, or any regulation adopted pursuant to this chapter or Section
2207. The Attorney General may bring this action on his or her own
initiative if, after examining the complaint and the evidence, he or
she believes a violation has occurred. The Attorney General may also
seek an order from a court of competent jurisdiction compelling the
operator to comply with this chapter and Section 2207 and to cease
operation until compliance is proven.
(g) (1) The lead agency has primary responsibility for enforcing
this chapter and Section 2207. In cases where the board is not the
lead agency pursuant to Section 2774.4, or in cases where the State
Mine Inspector has not assumed authority for mine inspections and
determining financial assurance amounts pursuant to Section 2774.4,
enforcement actions may be initiated by the State Mine Inspector
pursuant to this section only after the violation has come to the
attention of the State Mine Inspector and either of the following
occurs:
(A) The lead agency has been notified by the State Mine Inspector
in writing of the violation for at least 30 days, and has not taken
appropriate enforcement action, which may include failing to issue an
order to comply within a reasonable time after issuing a notice of
violation.
(B) The State Mine Inspector determines that there is a violation
that amounts to an imminent and substantial endangerment to the
public health or safety, or to the environment.
(2) If the board or the State Mine Inspector is the lead agency
pursuant to Section 2774.4, the board or the State Mine Inspector, as
the case may be, has sole responsibility for enforcing this chapter
and Section 2207.
(3) If the State Mine Inspector has given notice of a violation to
the lead agency under subparagraph (A), or made a determination
under subparagraph (B), the lead agency shall not resolve enforcement
for any violation without the concurrence of the State Mine
Inspector.
(h) Remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.
SEC. 17. SEC. 18. Section 2774.3 of
the Public Resources Code is amended to read:
2774.3. The board shall review lead agency ordinances that
establish permit and reclamation procedures, and any proposed changes
thereto, to determine whether each ordinance or proposed change is
in accordance with state policy, and shall certify the ordinance or
proposed change as being in accordance with state policy if it
adequately meets, or imposes requirements more stringent than, the
California surface mining and reclamation policies and procedures
established by the board pursuant to this chapter. Proposed changes
to lead agency ordinances shall not be effective until certified by
the board pursuant to this section.
SEC. 18. SEC. 19. Section 2774.4 of
the Public Resources Code is amended to read:
2774.4. (a) If the board finds that a lead agency either has (1)
approved reclamation plans or financial assurances that are not
consistent with this chapter, (2) failed to inspect or cause the
inspection of surface mining operations as required by this chapter,
(3) failed to seek forfeiture of financial assurances and to carry
out reclamation of surface mining operations as required by this
chapter, (4) failed to take appropriate enforcement actions as
required by this chapter, (5) intentionally misrepresented the
results of inspections required under this chapter, or (6) failed to
submit information to the department as required by this chapter,
including annually certifying to the board all of the following: (A)
that the lead agency has approved an adequate reclamation plan and
financial assurances, including any amendments thereto, for each
mining operation in its jurisdiction, (B) that its mineral resources
management plan complies with applicable law and has been adopted in
accordance with Section 2762, and (C) that all notices required
pursuant to Section 2772.7 have been recorded, the board shall assign
to the State Mine Inspector the authority to exercise any of the
powers of that agency under this chapter, except for permitting
authority.
(b) Until January 1, 2016, in cases where the board has assumed
authority to exercise the powers of the lead agency under this
chapter, except for permitting authority, the board shall continue to
do so. Thereafter, the board shall assign those powers to the State
Mine Inspector.
(c) If, no sooner than three years after the board has taken
action pursuant to subdivision (a), the board finds, after a public
hearing, that a lead agency has corrected its deficiencies in
implementing and enforcing this chapter, and the rules and
regulations adopted pursuant to this chapter, the board shall restore
to the lead agency the powers assumed by the State Mine Inspector
pursuant to subdivision (a).
(d) Before taking any action pursuant to subdivision (a), the
board shall first notify the lead agency of the identified
deficiencies, and allow the lead agency 45 days to correct the
deficiencies to the satisfaction of the board. If the lead agency has
not corrected the deficiencies to the satisfaction of the board
within the 45-day period, the board shall hold a public hearing
within the lead agency's area of jurisdiction, upon a 45-day written
notice given to the public in at least one newspaper of general
circulation within the city or county, and directly mailed to the
lead agency and to all surface mining operators within the lead
agency's jurisdiction who have submitted reports as required by
Section 2207.
(e) Affected surface mining operators and interested persons have
the right, at the public hearing, to present oral and written
evidence on the matter being considered. The board may, at the public
hearing, place reasonable limits on the right of affected surface
mining operators and interested persons to question and solicit
testimony.
(f) If, after conducting the public hearing required by
subdivision (d), the board decides to take action pursuant to
subdivision (a), the board shall, based on the record of the public
hearing, adopt written findings which explain all of the following:
(1) The action to be taken by the board.
(2) Why the board decided to take the action.
(3) Why the action is authorized by, and meets the requirements
of, subdivision (a).
In addition, the findings shall address the significant issues
raised, or written evidence presented, by affected surface mining
operators, interested persons, or the lead agency. The transcript of
testimony and exhibits, together with all papers and requests filed
in the proceedings, shall constitute the exclusive record for
decision by the board.
(g) The lead agency, any affected surface mining operator, or any
interested person who has presented oral or written evidence at the
public hearing before the board pursuant to subdivision (e) may
obtain review of the board's action taken pursuant to subdivision (a)
by filing in the superior court a petition for writ of mandate
within 30 days following the issuance of the board's decision.
Section 1094.5 of the Code of Civil Procedure governs judicial
proceedings pursuant to this subdivision, except that in every case
the court shall exercise its independent judgment. If a petition for
a writ of mandate is not filed within the time limits set by this
subdivision, the board's action under subdivision (a) shall not be
subject to review by any court or agency.
(h) (1) A lead agency may unilaterally and voluntarily relinquish
any or all of its responsibilities under this chapter, and the State
Mine Inspector shall assume those responsibilities.
(2) (A) No sooner than three years after relinquishing its lead
agency responsibilities, the lead agency may request the board to
authorize it to resume its role as a lead agency.
(B) If the board finds, after holding a public hearing as
described in subdivision (e), that the lead agency has corrected all
deficiencies, if any, pursuant to subdivision (a) in implementing and
enforcing this chapter and its implementing regulations, the board
shall restore to the agency the lead agency powers assumed by the
State Mine Inspector pursuant to this subdivision.
SEC. 19. SEC. 20 . 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.
