Bill Text: CA SB1270 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 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 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, 2772, 2773.1, 2774, 2774.1,
2774.3, and 2774.4 of, and to add Sections
Section 2006.5 and 2717.5 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 instead require an
unspecified individual or entity to appoint the board
to nominate at least 2 individuals for appointment, as the
State Geologist and would make that individual responsible for the
management of the California Geological Survey. The bill
would change the qualifications for that person. The bill
would also designate the Office of Mine Reclamation as the Division
of Mines, would require an unspecified individual or entity
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 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
report to 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 make the director
lead agency or the State Mine Inspector, in certain circumstances,
responsible for reviewing and approving financial assurances in
surface mining operations and would require the director
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
director's 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
professional civil engineer and to include a
schedule with time limits for completing reclamation, as specified,
and 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 with within
6 months of receipt by the lead agency of the annual report
described in (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 instead also require
the director State Mine Inspector, in
certain circumstances, to conduct an inspection of those
operations withing one year 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.
(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 board State Mine Inspector
to assume those responsibilities. The bill would also
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 authorize the board to recommend expenditures of these
funds as part of the annual budget process and 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) Existing law requires the department to quarterly publish in
the California Regulatory Notice Register, or otherwise make
available, upon request, to the Department of General Services or any
other state or local agency, a list identifying the status of
compliance of certain surface mining operations, as specified.
Existing law also prohibits a state agency from acquiring or
utilizing mined material, or from contracting with a person utilizing
these materials, as specified, unless the material is produced from
a mining operation on that list and that meets certain requirements.
This bill would authorize an affected mine operator, a lead agency
with jurisdiction over the operation, or an affected person to
appeal to the board the department's determination regarding a mining
operation's placement on, removal from, or denial of placement on or
removal from, the list.
(8)
(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 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 assure
ensure reclamation of mined lands.
(b) The essential components of the act for each of the more than
2,000 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 its 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) 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) A The board shall nominate at
least two individuals to serve as State Geologist. The director shall
appoint the State Geologist shall be
appointed and 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 and resources, structural
engineering 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 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 by the lead agency.
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.
(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 paragraphs (1) to (16), inclusive, of
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 ($1,000) annually, as adjusted for the cost of living as
measured by the California Consumer Price Index for all urban
consumers, calendar year averages, using the percentage change in the
previous year, beginning with the 2014-15 fiscal year and annually
thereafter.
(2) (A) The board shall adopt, by regulation, a schedule of fees
authorized under paragraph (1) to cover the department's
cost and board's costs in carrying out this
section and Chapter 9 (commencing with Section 2710), as reflected in
the Governor's Budget, and may adopt those regulations as emergency
regulations. The board's costs shall be reflected separately in
a format approved by the Department of Finance and shall be displayed
in the annual budget proposed by the Governor. In establishing
the schedule of fees to be paid by each active and idle mining
operation, the board shall consider and establish a cost per acre on
an equitable basis reflecting the size and type of operation, the
acreage disturbed and undisturbed by mining activities, the acreage
subject to the reclamation plan, and other factors addressed by the
approved reclamation plan. The fee for each active and idle
mining operation shall not exceed ____ dollars ($____).
(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 ____ dollars ($____), 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) 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 board may
recommend expenditures of these funds as part of the annual budget
process. 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.
(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 upcoming year.
(B)
(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 whatever
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 2717.5 is added to the Public
Resources Code, to read:
2717.5. (a) An affected mine operator, a lead agency with
jurisdiction over the operation, or an affected person, may appeal to
the board the department's determination regarding a mining
operation's placement on, removal from, or denial of placement on or
removal from, the list identified in subdivision (b) of Section 2717.
(b) An appeal pursuant to subdivision (a) shall be subject to the
following requirements, as applicable:
(1) The appeal shall be made in writing, on a form provided by the
board, and shall be received by the board within 15 days of the
operator's, lead agency, or affected person's receipt of a notice of
the department's determination as described in subdivision (a), or
within 15 days of the department's posting of the notice on its
Internet Web site.
(2) An appeal filed by a lead agency shall demonstrate good cause
for reversal of a determination.
(3) An appeal filed by an affected person other than a lead agency
shall demonstrate that the affected person has a sufficient
connection to, or direct impact from, the operation of the mine at
issue.
(4) Where the board is the lead agency, it may not appeal the
decision of the department but may follow the department's procedures
for removal of a mining operation from the list. The board may hear
an appeal filed by any other party pursuant to subdivision (a).
(5) The appeal shall demonstrate, as a necessary element of the
appeal, that the facts and issues relevant to the appeal were brought
to the attention of the department prior to the department's
determination described in subdivision (a).
(c) The board shall promptly notify the department and the lead
agency that the appeal has been received by the board. Where the
appeal is filed by the lead agency or the board is the lead agency,
no notice to the lead agency shall be required.
(d) (1) A mining operation seeking placement on the list shall not
be placed on the list pending the final outcome of an appeal filed
pursuant to subdivision (a).
(2) A mining operation appealing the department's removal of the
operation from the list shall remain on the list pending the final
outcome of an appeal filed pursuant to subdivision (a).
(e) (1) (A) The board shall hear the appeal if the chair of the
board or his or her designated hearing officer determines the appeal
is within the jurisdiction of the board and the appeal raises a
substantial issue related to the department's determination regarding
a mining operation's placement on, removal from, or denial of
placement on or removal from, the list.
(B) A determination of the board's jurisdiction by the chair or
his or her designee shall consider all of the following:
(i) Whether the information presented with the appeal presents any
dispute of the material fact or facts supporting the department's
determination.
(ii) Whether the appeal is an attempt to challenge an enforcement
decision or a court decision.
(iii) Whether the appellant has standing.
(iv) Whether the appeal is timely.
(v) Whether the facts constituting the basis for the appeal have
been presented to the department prior to the department's
determination as described in subdivision (a).
(vi) Whether any relevant circumstances exist that are not
specifically identified but which, in the judgment of the chair or
his or her designee, preclude the appeal.
(2) If the chair or hearing officer finds, based on the criteria
described in paragraph (1), that the appeal is not within the
jurisdiction of the board or does not raise a substantial issue, the
chair or his or her designee shall refuse to grant the appeal and the
department's decision shall be deemed final for purposes of seeking
judicial review of that decision.
(f) A decision by the board pursuant to this section shall not
preclude any party from initiating a new proceeding to be included on
the list, to be maintained on the list, or to effect removal of a
mining operation from the list, in accordance with this section or
based on new or different circumstances than were determined by the
chair or his or her designee on a previous appeal.
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 any a
land use authorization from, or approval by, a lead agency, the
absence of which would preclude surface mining operations.
SEC. 9. 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
professional civil engineer.
SEC. 10. 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, and a current
reclamation plan has been submitted to and approved by,
and current financial assurances for reclamation have been approved
by, the lead agency for the operation and financial
assurances for reclamation pursuant to the reclamation plan have been
submitted to and approved by the director pursuant to this article.
operation. Where the State Mine Inspector has assumed
the lead agency's authority pursuant to Section 2774.4, surface
mining operations shall not be conducted unless, in addition to
having a permit approved by the lead agency, the person has a current
reclamation plan and financial assurances for reclamation approved
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) If a person with an existing surface mining operation has
received lead agency approval of its financial assurances for
reclamation prior to January 1, 2015, the director
(c) The lead agency shall
administratively review , at least annually, and make any
changes changes, to ensure
those existing financial assurances for all surface
mining operations within its jurisdiction are in accordance
with subdivision (d) prior to January 1, 2016.
(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 such 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 assu rances 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). A person with an existing surface mining
operation that does not have financial assurances that received the
director's approval prior to January 1, 2016, shall submit financial
assurances for reclamation to the director for review in accordance
with subdivision (d).
(d) The lead agency's review of a reclamation
plan submitted pursuant to subdivision (b) or the director's
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 director 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 by the lead agency and financial assurances determined to
substantially meet these requirements shall be approved by the
director. 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 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 is
approved by a lead agency and financial assurances for
reclamation are approved by the director.
approved.
(e) (1) A person who, based on the evidence of the record, claims
that a lead agency 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, 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 director 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 director's 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 revised
financial assurances to the director 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. 11. SEC. 13. 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 provided by the lead agency
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
professional 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.
(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 limit or expand the
department's authority or responsibility to review a document in
accordance with Division 13 (commencing with Section 21000).
SEC. 12. SEC. 14. Section 2773.1 of
the Public Resources Code is amended to read:
2773.1. (a) Lead agencies shall require financial
Financial assurances, as determined by
the director based on the most recent inspection,
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 director 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
director 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 director 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 director 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 which
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 director
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 director 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 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
director 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 director
State Mine Inspector until new financial
assurances are secured from the new owner and have been approved by
the director 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 director
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
director State Mine Inspector .
(B) The lead agency has been notified in writing by the
director 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
director 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 director 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 director
State Mine Inspector in writing that its good faith
attempts to seek forfeiture of the financial assurances have not been
successful.
(2) The director 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 director 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 director
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 director
State Mine Inspector to be inappropriate for the
condition of the site, the director 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 director 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. 13. SEC. 15. 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 , receipt of
and financial assurances approved by the director,
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) The director lead agency shall
conduct an inspection of a surface mining operation within
one year six months of receipt by the
State Mine Inspector 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 director
lead agency inspect a surface mining operation less than
once in any calendar year. The director may
lead agency shall cause an
any inspection to be conducted by a state licensed geologist,
or state licensed civil engineer, state licensed
landscape architect, or state licensed forester, 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. 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
director lead agency shall notify the
lead agency 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 director 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, geologist or
civil engineer , landscape architect, or forester,
who conducted the inspection. A lead agency's failure
to comply with the requirements of t his section shall be
cause for action pursuant to Section 2774.4.
(c) Where, pursuant to Section 2774.4, the State Mine Inspector
has assumed a lead agency's authority, inspections shall be carried
out 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.
(c)
(d) Before approving a surface mining operation's
reclamation plan , financial assurances, including existing
financia l 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 director
State Mine Inspector for review. All documentation for
that submission shall be submitted to the director
State Mine Inspector at one time. When the lead agency
submits a reclamation plan or plan amendments to the
director State Mine Inspector for review, the
lead agency shall also submit to the director
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 director 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
director State Mine Inspector for
review.
(d)
(e) (1) The director 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
(c) (d) to prepare written comments, if the
director State Mine Inspector so
chooses. The lead agency shall evaluate written comments received
from the director State Mine Inspector
relating to the reclamation plan or plan,
plan amendments, or financial assurances within a
reasonable amount of time.
(2) The lead agency shall prepare a written response to the
director's State Mine Inspector's
comments describing the disposition of the major issues raised by the
director's State Mine Inspector's
comments, and submit the lead agency's proposed response to the
director State Mine Inspector at least
30 days prior to approval of the reclamation plan or
plan, plan amendment , or financial
assurances . The lead agency's response to the
director's State Mine Inspector's comments shall
describe whether the lead agency proposes to adopt the
director's State Mine Inspector's comments to
the reclamation plan or plan, plan
amendment , or financial assurances . If the
lead agency does not propose to adopt the director's
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 director
State Mine Inspector at least 30 days' notice of the time,
place, and date of the hearing before the lead agency at which
time the reclamation plan or
plan, plan amendment is scheduled to
, 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 director State Mine
Inspector that it intends to approve the reclamation
plan or plan, plan amendment. The lead
agency shall send to the director its final response to the director'
s comments within 30 days following its approval of the reclamation
plan or plan amendment during which period the department retains all
powers, duties, and authorities of this chapter.
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. 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 director 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.
(B) The lead agency shall have 30 days from the date of its
receipt of the financial assurances to evaluate the financial
assurances prepared by the director State
Mine Inspector and to submit written comments, if the lead
agency so chooses.
(C) The director State Mine Inspector
shall evaluate any written comments received from the lead
agency pursuant to subparagraph (B) and shall prepare a written
response to the lead agency's comments, describing the disposition of
the major issues raised by the lead agency's comments. The response
shall indicate whether the director State
Mine Inspector proposes to adopt the lead agency's comments or,
if not, shall specify, in detail, why the director
State Mine Inspector does not propose to adopt
the lead agency's comments. Copies of any written comments received
and responses prepared by the director State
Mine Inspector shall be forwarded to the operator. The
director 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.
(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 which 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) A lead agency shall notify the director
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 director
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 director State
Mine Inspector the information required under this section
shall be cause for action under Section 2774.4.
SEC. 14. SEC. 16. 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 director
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
director 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 director's
State Mine Inspector's notification, unless the
operator has accepted a scope of work and schedule, agreed to by the
lead agency or the director State Mine
Inspector , for achieving compliance, the lead agency or
the director 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 director 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 director
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.
(c)
(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
director 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 director
State Mine Inspector . In determining the amount
of the administrative penalty, the lead agency or the
director 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
director 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
director State Mine Inspector shall not be used
for purposes other than to cover the reasonable costs incurred by
the director the board or the State
Mine Inspector in implementing this chapter or Section 2207.
(d)
(e) If the lead agency or the director
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 director State Mine
Inspector , may seek an order from a court of competent
jurisdiction enjoining that operation.
(e)
(f) Upon a complaint by the director,
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 .
(f)
(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
director State Mine Inspector pursuant
to this section only after the violation has come to the attention of
the director State Mine Inspector and
either of the following occurs:
(A) The lead agency has been notified by the director
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 director 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) The director shall comply with this section in initiating
enforcement actions.
(2) Where 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.
(g)
(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. Section 2774.3 of the Public
Resources Code is amended to read:
2774.3. The board shall review lead agency ordinances
which 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. 15. SEC. 18. 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 , prior to January 1, 2015,
financial assurances that are not consistent with this
chapter, (2) failed , prior to January 1, 2015, 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
lead 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.
(b)
(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 board
State Mine Inspector pursuant to subdivision
(a).
(c)
(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.
(d)
(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.
(e)
(f) If, after conducting the public hearing required by
subdivision (c), (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.
(f)
(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 (d) (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.
(g)
(h) (1) A lead agency may unilaterally and voluntarily
relinquish any or all of its responsibilities under this
chapter, and the board 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 (d), (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 board State
Mine Inspector pursuant to this subdivision.
SEC. 16. SEC. 19. 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.
