Bill Text: CA SB447 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Surface mining operations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-28 - Chaptered by Secretary of State. Chapter 417, Statutes of 2013. [SB447 Detail]

Download: California-2013-SB447-Introduced.html

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BILL NUMBER: SB 447	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lara

                        FEBRUARY 21, 2013

   An act to amend Section 10295.5 of the Public Contract Code, and
to amend Sections 2717 and 2774.1 of the Public Resources Code,
relating to surface mining.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 447, as introduced, Lara. Surface mining operations.
   (1) Existing law, the Surface Mining and Reclamation Act of 1975,
prohibits, with certain exceptions, a person from conducting a
surface mining operation unless, among other things, a reclamation
plan has been submitted to and approved by the lead agency, as
defined, for the operation. For purposes of compliance with specified
provisions of the Public Contract Code, the act requires the
Department of Conservation to, at a minimum, 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 certain surface mining
operations, including surface mining operations that are subject to
inspection, 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 meets certain
requirements.
   This bill would revise the requirements for those surface mining
operations that are included on the list, as prescribed. This bill
would also delete the requirement that the list identify surface
mining operations that are subject to inspection and instead require
the list to identify surface mining operations whose reclamation plan
has been approved and is in compliance with the act, whose mining
operation is in compliance with the approved reclamation plan or an
applicable compliance order, and whose mining operation has an
approved financial assurance plan, as specified.
    (2) Existing law requires that the lead agency have primary
responsibility in enforcing the act. The act permits, in cases where
the State Mining and Geology Board is not the lead agency, the
Director of Conservation to initiate enforcement actions if the lead
agency has been notified, for at least 15 days, of the violation by
the director and has not taken appropriate enforcement action, or the
director determines there is a violation which amounts to imminent
and substantial endangerment to the public health or safety, or the
environment.
   This bill would require that the lead agency be notified of the
violation for at least 30 days, and that appropriate enforcement
action may include failing to issue an order to comply.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10295.5 of the Public Contract Code is amended
to read:
   10295.5.  (a) Notwithstanding any other provision of law, no state
agency shall acquire or utilize sand, gravel, aggregates, or other
minerals produced from a surface mining operation subject to the
Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing
with Section 2710) of Division 2 of the Public Resources Code),
unless the operation is identified in the list published pursuant to
subdivision (b) of Section 2717 of the Public Resources Code 
as having either of the following:  
   (1) An approved reclamation plan and financial assurances covering
the affected surface mining operation.  
   (2) An appeal pending before the State Mining and Geology Board
pursuant to subdivision (e) of Section 2770 of the Public Resources
Code with respect to the reclamation plan or financial assurances.

   (b) Notwithstanding any other provision of law, no state agency
shall contract with a person who is not a surface mining operator,
but who is supplying or utilizing sand, gravel, aggregates, or other
minerals, to perform work for, or supply materials to, a state
agency, unless the operation is identified in the list published
pursuant to subdivision (b) of Section 2717 of the Public Resources
Code  as having either of the following:  
   (1) An approved reclamation plan and financial assurances covering
the affected surface mining operation.  
   (2) An appeal pending before the State Mining and Geology Board
pursuant to subdivision (e) of Section 2770 of the Public Resources
Code with respect to the reclamation plan or financial assurances.

   (c) For purposes of this section, "minerals" means any naturally
occurring chemical element or compound, or groups of elements and
compounds, formed from inorganic processes and organic substances,
including, but not limited to, coal, peat, and bituminous rock, but
excluding geothermal resources, natural gas, and petroleum.
   (d) The requirements of this section shall apply to mining
operations on federal lands or Indian lands that are subject to the
Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing
with Section 2710) of Division 2 of the Public Resources Code)
pursuant to a memorandum of understanding between the Department of
Conservation and the federal agency having jurisdiction over the
lands.
  SEC. 2.  Section 2717 of the Public Resources Code is amended to
read:
   2717.  (a)  The   Notwithstanding Section
10231.5 of the Government Code, the  board shall submit to the
Legislature on December 1st of each year a report on the actions
taken pursuant to this chapter during the preceding fiscal year. The
report shall include a statement of the actions, including
legislative recommendations, that are necessary to carry out more
completely the purposes and requirements of this chapter.
   (b) For purposes of ensuring compliance with Sections 10295.5 and
20676 of the Public Contract Code, the department shall, at a
minimum, 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 all of the following:
   (1) Surface mining operations for which a report is required and
has been submitted pursuant to Section 2207 that indicates all of the
following:
   (A) The reclamation plan and financial assurances have been
approved pursuant to this chapter.
   (B) Compliance with state reclamation standards developed pursuant
to Section 2773.
   (C) Compliance with the financial assurance guidelines developed
pursuant to Section 2773.1.
   (D) The annual reporting fee has been submitted to the Department
of Conservation.
   (2) Surface mining operations for which an appeal is pending
before the board pursuant to subdivision (e) of Section 2770,
 provided that   if  the appeal 
shall   was  not  have been 
pending before the board for more than 180 days.
   (3) Surface mining operations  for which an inspection is
required and for which an inspection notice has been submitted by the
lead agency pursuant to Section 2774 that indicates both compliance
with the approved reclamation plan and that sufficient financial
assurances, pursuant to Section 2773.1, have been approved and
secured.   that meet all of the following:  
   (A) The reclamation plan has been approved and is in compliance
with this chapter.  
   (B) The mining operation is in compliance with the approved
reclamation plan or an applicable compliance order issued pursuant to
this chapter.  
   (C) The mining operation has an approved financial assurance plan
in place that the lead agency determines is adequate for reclamation
pursuant to the approved reclamation plan.  
   (c) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.

  SEC. 3.  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 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 may notify the operator of that violation by personal
service or certified mail. If the violation extends beyond 30 days
after the date of the lead agency's or the director's notification,
the lead agency or the director may 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, 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, concerning the alleged violation. Any 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  which   that
 the lead agency or director 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)  Any   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 director or lead agency as required by
Section 2207, shall be subject to an order by the lead agency or the
director 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. In
determining the amount of the administrative penalty, the lead agency
or the director 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 thereof and payment shall be made to
the lead agency or the director 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. Any order
shall be served by personal service or by certified mail upon the
operator. Penalties collected by the director shall be used for no
purpose other than to cover the reasonable costs incurred by the
director in implementing this chapter or Section 2207.
   (d) If the lead agency or the director 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, may seek an order from a court of
competent jurisdiction enjoining that operation.
   (e) Upon a complaint by the director, the department, 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 such an 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.
   (f)  (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,
enforcement actions may be initiated by the director pursuant to this
section only after the violation has come to the attention of the
director and either of the following occurs: 
   (1) 
    (A)  The lead agency has been notified by the director
in writing of the violation for at least  15  
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  . 
   (2) 
    (B)  The director determines that there is a violation
which 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.
   (g) Remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.