BILL NUMBER: AB 1142 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2015
AMENDED IN ASSEMBLY JUNE 3, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Gray
FEBRUARY 27, 2015
An act to amend Sections 2207, 2715.5, 2733, 2770, 2772,
2773.1, 2774, and 2774.2 of , and to add Sections 2736,
2772.1, and 2773.4 to, the Public Resources Code, relating to
mining and geology.
LEGISLATIVE COUNSEL'S DIGEST
AB 1142, as amended, Gray. Mining and geology: surface mining.
(1) The Surface Mining and Reclamation Act of 1975 prohibits a
person, with exceptions, from conducting surface mining operations
unless, among other things, a permit is obtained from, a specified
reclamation plan is submitted to and approved by, and financial
assurances for reclamation have been approved by the lead agency for
the operation of the surface mining operation.
This bill would revise and recast provisions of the act related to
the approval of reclamation plans and, among other things, would
require a reclamation plan filed by an operator of a surface mining
operation with a lead agency to include specified reclamation maps;
require a lead agency, when submitting a proposed reclamation plan to
the Director of Conservation, to incorporate specified items of
information and documents in the submitted reclamation plan within
certain timeframes; and, require the director to take certain actions
upon receiving a proposed reclamation plan. By adding to the duties
of a local government acting as a lead agency under the act, this
bill would impose a state-mandated local program.
This bill would revise and recast provisions of the act related to
financial assurances and, among other things, would require
financial assurance cost estimates be submitted for review and
include estimates of the time needed to complete reclamation of the
mine and mine; require an operator to
replace an approved financial assurance only if the financial
assurance cost estimate identifies a need to increase the amount of
the financial assurance assurance; require a
lead agency to submit a surface mining operation's proposed financial
assurance cost estimate to the director for review, as specified;
and, require the director to take certain actions upon receiving a
financial assurance cost estimate from a lead agency . By
adding to the duties of local agencies, a
local government acting as a lead agency under the act, this
bill would impose a state-mandated local program.
This bill also would require a lead agency or the State Mining and
Geology Board to conduct a specified public hearing if the lead
agency has evidence that an operator may be financially incapable of
performing reclamation in accordance with its approved reclamation
plan or that the operator has abandoned a surface mining operation
without completing reclamation and to take appropriate actions to
seize the operator's financial assurances if warranted following that
hearing.
(2) The act requires the owner or operator of a mining operation
to forward annually to the Director of Conservation
director and the lead agency a report that
provides, among other things, proof of annual inspection by the lead
agency. The act also requires every lead agency to adopt ordinances
that establish procedures for the review and approval of reclamation
plans, and, before approving a reclamation plan, to submit the plan
to the director. The act requires a lead agency to inspect a surface
mining operation within 6 months of receiving a specified report and
to conduct an inspection no less than once every calendar year. The
act authorizes a lead agency to cause an inspection to be conducted
by a state licensed geologist, state licensed civil engineer, state
licensed landscape architect, or state licensed forester, as
specified.
This bill would revise and recast those provisions and, among
other things, would require the owner or operator to provide a copy
of the previously completed annual inspection form and a requested
date for the next annual inspection by the lead agency,
agency; authorize a lead agency to cause an
inspection to be conducted by an unlicensed employee of the lead
agency who meets specified criteria and who, after January 1, 2018,
has completed an inspection workshop, as provided,
provided; impose new requirements on the lead agency
related to the timing of inspections,
inspections; impose timelines on a lead agency related to the
submission of an application for a permit to conduct a surface mining
operation, operation; and require the
director to provide an inspection workshop and update workshop for
lead agency employees who inspect surface mining operations after
January 1, 2018. By adding to the duties of local agencies, this bill
would impose a state-mandated local program.
(3) The act requires that the lead agency have primary
responsibility in enforcing the act. The act authorizes, in cases
where the board is not the lead agency, the director to initiate
enforcement actions if the lead agency has been notified by the
director, for at least 15 days, of a violation and has not taken
appropriate enforcement action, or the director determines there is a
violation that presents an imminent and substantial endangerment to
the public health or safety or the environment. The act establishes
procedures and timelines for an operator to have an order setting
administrative penalties reviewed by a legislative body of a lead
agency, the board, or a superior court.
This bill, after the expiration of a specified review period,
would authorize the director or the board when it acts as a lead
agency to apply to the small claims court or the superior court, as
appropriate, for a judgment to collect an unpaid administrative
penalty.
(4) 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. 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 director annually, not later than a
date established by the director, upon forms approved by the board
from time to time, a report that identifies and contains 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,
director, or court.
(3) The location of the mining operation, its name, its mine
number as issued by the Office of Mine Reclamation or the director,
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) A copy of the previously completed annual inspection form and
a requested date for the next annual inspection by the lead agency.
(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
director, the person submitting the report pursuant to subdivision
(a) shall forward to the lead agency, upon forms furnished by the
board, a report that provides all of the information specified in
subdivision (a).
(2) The owner or operator of a mining operation shall allow access
to the property to any governmental agency or the agent of any
company providing financial assurances in connection with the
reclamation plan in order that the reclamation can be carried out by
the entity or company, in accordance with the provisions of the
reclamation plan.
(c) Subsequent reports shall include only changes in the
information submitted for the items described in subdivision (a),
except that, instead of the approved reclamation plan, the reports
shall include any reclamation plan amendments approved during the
previous year. The reports shall state whether review of a
reclamation plan, financial assurances, or an interim management plan
is pending under subdivision (b), (c), (d), or (h) of Section 2770,
or whether an appeal before the board or lead agency governing body
is pending under subdivision (e) or (h) of Section 2770. The director
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 Office of
Mine Reclamation, 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 report to the director 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 maximum
fee for any single mining operation may not exceed four thousand
dollars ($4,000) annually and may not be less than one hundred
dollars ($100) 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 2005-06 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 in
carrying out this section and Chapter 9 (commencing with Section
2710), as reflected in the Governor's proposed Budget, and may adopt
those regulations as emergency regulations. In establishing the
schedule of fees to be paid by each active and idle mining operation,
the fees shall be calculated on an equitable basis reflecting the
size and type of operation. The board shall also consider the total
assessed value of the mining operation, the acreage disturbed by
mining activities, and the acreage subject to the reclamation plan.
(B) Regulations adopted pursuant to this subdivision shall be
adopted by the board in accordance with the Administrative Procedure
Act (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 three million five
hundred thousand dollars ($3,500,000), as adjusted for the cost of
living as measured by the California Consumer Price Index for all
urban consumers, calendar year averages, using the percentage change
in the previous year, beginning with the 2005-06 fiscal year and
annually thereafter. If the director 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 director or board pursuant to this chapter or
Chapter 9 (commencing with Section 2710) shall be deposited in the
Mine Reclamation Account. The money 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) (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 when acting as the lead agency,
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 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 the
Administrative Procedure Act (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 act.
SEC. 2. Section 2715.5 of the Public
Resources Code is amended to read:
2715.5. (a) The Cache Creek Resource Management Plan, in
conjunction with a site specific plan deemed consistent by the lead
agency with the Cache Creek Resource Management Plan, until December
31, 2017, shall be considered to be a functional equivalent of a
reclamation plan for the purposes of this chapter. No other
reclamation plan shall be required to be reviewed and approved for
any excavation project subject to the Cache Creek Resource Management
Plan that is conducted in conformance with an approved site specific
plan that is consistent with the Cache Creek Resource Management
Plan, Plan and the standards specified
in that plan governing erosion control, channel stabilization,
habitat restoration, flood control, or infrastructure maintenance, if
that plan is reviewed and approved by a lead agency pursuant to this
chapter.
(b) For the purposes of this section, the board of
supervisors of the county in which the Cache Creek Resource
Management Plan is to be implemented shall prepare and file the
annual report required to be prepared pursuant to Section 2207.
(c) Nothing in this section precludes an enforcement action by the
board or the department brought pursuant to this chapter or Section
2207 if the lead agency or the director determines that a surface
mining operator, acting under the authority of the Cache Creek
Resource Management Plan, is not in compliance with the requirements
of this chapter or Section 2207.
(d) "Site For purposes of this section,
"site specific plan," for the purposes of this
section, plan " means an individual
project plan approved by the lead agency that is consistent with the
Cache Creek Resource Management Plan. Site specific plans prepared in
conformance with the Cache Creek Resource Management Plan shall
, at a minimum, include , at a minimum,
the information required pursuant to subdivision (c) of Section
2772, shall comply with the requirements of Article 9 (commencing
with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of
Title 14 of the California Code of Regulations, and shall be provided
along with a financial assurance estimate to the department for
review and comment pursuant to Section 2774.
2772.1 or 2773.4, as applicable. Notwithstanding the number of
days authorized by paragraph (1) of subdivision
(d) (b) of Section 2774,
2772.1 or subdivision (c) of Section 2773.4, the
department shall review the site specific plan and the financial
assurance estimate and prepare any written comments within 15 days
from the date of receipt of the plan and the estimate.
(e) Prior to engaging in an excavation activity in conformance
with the Cache Creek Resource Management Plan, a surface mining
operation shall be required to obtain financial assurances that meet
the requirements of Section 2773.1.
(f) This section shall remain in effect only until December 31,
2017, and as of that date is repealed, unless a later enacted statute
that is enacted before December 31, 2017, deletes or extends that
date.
SEC. 3. 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 which 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, and may require backfilling, grading,
resoiling, revegetation, soil compaction, slope
stabilization, or other measures.
SEC. 4. Section 2736 is added to the
Public Resources Code , to read:
2736. "Financial assurances" means a current approved financial
assurance cost estimate and a financial assurance mechanism that is
at least equal to the current approved financial assurance cost
estimate.
SEC. 5. 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, a
reclamation plan has been submitted to and approved by, and
financial assurances for reclamation have been approved by,
by the lead agency for the operation pursuant to
this article.
(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 the purposes of this
subdivision, a reclamation plan existing prior to January 1,
2016, 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
documents, which together were proposed to serve as the
reclamation plan 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, 1991, the lead agency shall
administratively review those existing financial assurances in
accordance with subdivision (d) prior to January 1, 1992. 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 lead agency approval prior to
January 1, 1991, shall submit financial assurances for reclamation
for review in accordance with subdivision (d).
(c) The review of financial assurances shall not be considered a
project for purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000)).
(d) The lead agency's review of a reclamation plan submitted
pursuant to subdivision (b) or 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 2773.3 and
the lead agency surface mining ordinance adopted pursuant to
subdivision (a) of Section 2774, but, in any event, the lead agency
shall require that financial assurances for reclamation be sufficient
to perform reclamation of lands remaining disturbed. Reclamation
plans or financial assurances determined to substantially meet these
requirements shall be approved by the lead agency for purposes of
this chapter. Reclamation plans or financial assurances determined
not to substantially meet these requirements shall be returned to the
operator within 60 days. The operator has 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 for review and approval. Except as specified in
subdivision (e) or (i), unless the operator has filed on or before
July 1, 1990, an appeal pursuant to subdivision (e) with regard to
nonapproval of the reclamation plan, or has filed on or before
January 1, 1994, an appeal pursuant to subdivision (e) with regard to
nonapproval of financial assurances, and that appeal is pending
before the board, the continuation of the surface mining operation is
prohibited until a reclamation plan and financial assurances for
reclamation are approved by the lead agency.
(e) A person who , based on the evidence of the record,
can substantiate , based on the evidence of the
record, that a lead agency has either (1) 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 2773.3 and the lead
agency surface mining ordinance adopted pursuant to subdivision (a)
of Section 2774, in reaching a decision to deny approval of a
reclamation plan or financial assurances for reclamation, (2) failed
to act within a reasonable time of receipt of a completed
application, or (3) failed to review and approve reclamation plans or
financial assurances as required by subdivisions (c) and
subdivision (d) or Sections 2772.1 and
2773.4 , may appeal that action or inaction to the board.
If the director has commented pursuant to Section 2773.4
that a financial assurance cost estimate is inadequate, the director
may appeal the lead agency's approval of a financial assurance cost
estimate on any of the grounds identified in this subdivision that
were included in the director's comments pursuant to Article 7
(commencing with Section 3680) of Subchapter 1 of Chapter 8 of
Division 2 of Title 14 of the California Code of R
egulations.
(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
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, 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 2773.3 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 or
upheld . A reclamation plan or financial assurances determined
not to meet these requirements shall be returned to the
person filing the appeal with a notice of deficiencies,
to the operator, 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 the revised financial assurances to the
lead agency 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, approval
an interim management plan. The review and approval of an
interim management plan shall not be considered a project for
purposes of Division the California
Environmental Quality Act (Division 13 (commencing with Section
21000). 21000)). The approved interim
management plan shall be considered an amendment to the surface
mining operation's approved reclamation plan,
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 operator shall commence
reclamation in accordance with its approved reclamation plan.
(4) Within 60 days of the receipt of the interim management
plan, 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, 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, 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 idle, as defined in Section
2727.1 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. 6. 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, by any person who
owns, leases, or otherwise controls or operates on all,
all or any portion of
any, any mined
lands, 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.
(b) The reclamation plan shall include a chart identifying the
page number, chapter, appendix, or other specific location in the
reclamation plan where content meeting the requirements, as
applicable, of Sections 2772, 2773, and 2773.3 is located.
(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 completion of reclamation
activities for the 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.
(5) A reclamation plan map or maps that shall include all of the
following:
(A) Size and legal description of the lands that will be affected
by the surface mining operation and the names and addresses of the
owners of all surface interests and mineral interests in the lands.
(B) Clearly defined and accurately drawn property lines, setbacks,
and the reclamation plan boundary.
(C) Existing topography and final topography depicted with contour
lines drawn at appropriate intervals for the site's conditions.
(D) Detailed geologic description of the area of the surface
mining operation.
(E) Location of railroads, utility facilities, access roads,
temporary roads to be reclaimed, and any roads remaining for the
approved end use.
(F) All maps, diagrams, or calculations that require preparation
in accordance with the Professional Engineers Act (Chapter 7
(commencing with Section 6700) of Division 3 of the Business and
Professions Code), the Geologist and Geophysicist Act (Chapter 12.5
(commencing with Section 7800) of Division 3 of the Business and
Professions Code), or the Professional Land Surveyors' Act (Chapter
15 (commencing with Section 8700) of Division 3 of the Business and
Professions Code) shall be prepared by a California-licensed
professional, shall include his or her license number and name, and
shall bear the signature and seal of the licensee.
(6) A description of, of and a plan
for, for the type of surface mining to
be employed, 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 uses,
will be accomplished, including both of the following:
(A) A description of the manner in which known
contaminants will be controlled, 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 that minimizes erosion and
sedimentation will occur. sedimentation.
(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) Any other information which 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 the California Environmental Quality Act
(Division 13 (commencing with Section 21000),
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 , or component of a document referenced in the
reclamation plan is used to meet the requirements of subdivision (c)
or Section 2773 or 2773.3 , the information
or , document , or component of a
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 the California
Environmental Quality Act (Division 13 (commencing with Section
21000). 21000)).
SEC. 7. Section 2772.1 is added to the
Public Resources Code , to read:
2772.1. (a) (1) Prior to approving a surface mining operation's
reclamation plan or plan amendment, the lead agency shall submit the
reclamation plan or plan amendment to the director for review. The
reclamation plan or plan amendment shall be submitted to the director
as early as practicable in order to facilitate the review of the
reclamation plan pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000)). All documentation for
the submission shall be submitted to the director at one time.
(2) An item of information, document, or component of a document
that has 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 the California Environmental
Quality Act (Division 13 (commencing with Section 21000)) shall be
incorporated into the reclamation plan or plan amendment if it is
used to satisfy the requirements of subdivision (c) of Section 2772
and Sections 2773 and 2773.3, if applicable. If an item of
information, document, or component of a document is incorporated,
reference to the item shall be added to the chart required pursuant
to subdivision (b) of Section 2772 and shall be properly indexed with
the corresponding appendix reference and page numbers, if
applicable. The item shall be included in an appendix to and shall
become part of the reclamation plan or plan amendment. A technical
report created by a California-licensed professional to support
variations to the reclamation standards adopted by the board pursuant
to Section 2773 shall be included in an appendix to the reclamation
plan or plan amendment bearing the California-licensed professional's
stamp or seal, as applicable.
(3) The lead agency shall certify to the director that the
reclamation plan or plan amendment is a complete submission and is in
substantial compliance with all of the following:
(A) The applicable requirements of this chapter.
(B) Article 1 (commencing with Section 3500) of Chapter 8 of
Division 2 of Title 14 of the California Code of Regulations.
(C) The lead agency's surface mining ordinance in effect at the
time that the reclamation plan or plan amendment is submitted to the
director for review.
(b) (1) The director shall have 15 days from the receipt of a
reclamation plan or plan amendment to notify the lead agency and
operator if the submission is incomplete. An incomplete submission is
one that does not meet the content requirements of subdivisions (c)
and (d) of section 2772 and subdivision (a). The director's notice
shall specifically identify all aspects of the submission that are
incomplete. If the submission is incomplete due to the failure to
include a professionally stamped copy of a technical report, map, or
diagram that is required to be prepared by a California-licensed
professional pursuant to subdivision (c) of section 2772, the
director shall request a stamped copy of the technical report, map,
or diagram only, instead of a full resubmission of the reclamation
plan or plan amendment. The review time required pursuant to
paragraph (2) shall begin when the stamped copy of the technical
report, map, or diagram is received by the director. The director's
time to review the reclamation plan or plan amendment shall commence
upon the receipt of a submission that contains the item or items
identified in the director's notice to the lead agency.
(2) The director shall have 45 days from the receipt of a complete
reclamation plan or plan amendment to prepare written comments if
the director chooses. The lead agency shall review and evaluate
written comments received from the director relating to the
reclamation plan or plan amendment within a reasonable amount of
time.
(3) (A) The lead agency shall prepare a written response to the
director's comments received pursuant to paragraph (2) describing the
disposition of the major issues raised by the comments. The lead
agency shall submit its response to the director at least 30 days
prior to the intended approval of the reclamation plan or plan
amendment. The lead agency's response shall include either of the
following:
(i) A description of how the lead agency proposes to adopt the
director's comments to the reclamation plan or plan amendment.
(ii) A detailed description of the reasons why the lead agency
proposes not to adopt the director's comments.
(B) Copies of any written comments received and responses prepared
by the lead agency pursuant to subparagraph (A) shall be forwarded
to the operator.
(4) (A) The lead agency shall give the director at least 30 days'
notice of the time, place, and date of the hearing at which the
reclamation plan or plan amendment is scheduled to be approved by the
lead agency.
(B) If no hearing is required by this chapter, the local
ordinance, or other state law, the lead agency shall provide 30 days'
notice to the director that the lead agency intends to approve the
reclamation plan or plan amendment.
(5) (A) Within 60 days following approval of the reclamation plan
or plan amendment, the lead agency shall provide the director its
final response to the director's written comments and the final
approved copies of those documents. During that time, the department
retains all of its powers, duties, and authorities pursuant to this
chapter.
(B) The lead agency's final response shall include an index
showing permit conditions of approval and binding mitigation measures
adopted or certified pursuant to the California Environmental
Quality Act (Division 13 (commencing with Section 21000)) that are
necessary to meet the requirements of subdivision (c) of Section 2772
and Sections 2773 and 2773.3. Those conditions of approval and
mitigation measures shall be included in an appendix to the
reclamation plan or plan amendment and shall be considered part of
the reclamation compliance requirements and subject to the annual
inspection requirements. To the extent those conditions of approval
and mitigation measures are not subject to separate lead agency or
other state or federal agency bonding or performance requirements,
those conditions and measures shall be subject to the financial
assurances requirements of this article.
(6) No later than 60 days after the approval of the reclamation
plan or plan amendment, the lead agency shall provide an official
copy of the approved reclamation plan or plan amendment incorporating
all approved modifications to the reclamation plan or plan amendment
to the director.
(c) To the extent there is a conflict between the comments of a
trustee agency or a responsible agency that are based on that agency'
s statutory or regulatory authority and the comments of other
commenting agencies that are received by the lead agency pursuant to
the California Environmental Quality Act (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.
(d) Nothing in this section is intended to limit or expand the
department's authority or responsibility to review a document in
accordance with the California Environmental Quality Act (Division 13
(commencing with Section 21000)).
SEC. 2. SEC. 8. Section 2773.1 of the
Public Resources Code is amended to read:
2773.1. (a) Lead agencies shall require financial assurances 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 A financial
assurance mechanism may take the form of surety bonds executed
by an admitted surety insurer, as defined in subdivision (a) of
Section 995.120 of the Code of Civil Procedure, irrevocable letters
of credit, trust funds, or other forms of financial assurances
specified by the board pursuant to subdivision (e) that the lead
agency 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) The amount of financial assurances required of a surface
mining operation for any one year shall be reviewed and, if
necessary, adjusted once each calendar year to account for new lands
disturbed by surface mining operations, inflation, and reclamation of
lands accomplished in accordance with the approved reclamation plan.
An operator shall be required to replace an approved financial
assurance mechanism to bond for the reclamation of the surface mining
operation only if the financial assurance cost estimate identifies a
need to increase the amount of the financial assurance mechanism.
(4) Financial assurance cost estimates shall be submitted to the
lead agency for review on the form adopted by the board by regulation
pursuant to subdivision (f). The estimates shall include estimates
of the time needed to complete reclamation of the mine in accordance
with the approved reclamation plan, including, but not limited to,
any monitoring studies required by the reclamation plan.
(5) The financial assurances Each
financial assurance mechanism shall be made payable to the
lead agency and the department. Financial assurances that
were A financial assurance mechanism shall not be
released without the consent of the lead agency and the department. A
financial assurance mechanism that was approved by the lead
agency prior to January 1, 1993, and were was
made payable to the State Geologist shall be considered payable
to the department for purposes of this chapter. However, if a
surface mining operation has received approval of its financial
assurances from a public agency other than the lead agency, the lead
agency shall deem those financial assurances adequate for purposes of
this section, or shall credit them toward fulfillment of the
financial assurances required by this section, if they are made
payable to the public agency, the lead agency, and the department and
otherwise meet the requirements of this section. In any event, if a
lead agency and one or more public agencies exercise jurisdiction
over a surface mining operation, the total amount of financial
assurances required by the lead agency and the public agencies for
any one year shall not exceed that amount that is necessary to
perform reclamation of lands remaining disturbed. For purposes of
this paragraph, a "public agency" may include a federal agency.
(b) (1) If the lead agency, or the board when acting as a lead
agency, has evidence that an operator may be financially incapable of
completing reclamation in accordance with its approved reclamation
plan or that the operator may have abandoned the surface mining
operation without completing reclamation, the lead agency or board
shall conduct a public hearing to determine whether the operator is
financially capable of completing reclamation in accordance with the
approved reclamation plan or has abandoned the surface mining
operation. The hearing shall be noticed to the operator and the
director at least 30 days prior to the hearing.
(b)
(2) If the lead agency or the board, following
a public hearing, the public hearing conducted
pursuant to paragraph (1), determines that the operator is
financially incapable of performing reclamation in accordance with
its approved reclamation plan, plan or
has abandoned its surface mining operation without
commencing completing reclamation, either the
lead agency or the director shall do all of the following:
(1)
(A) Notify the operator by personal service or
certified mail that the lead agency or the director intends to take
appropriate action to forfeit the financial assurances and specify
the reasons for so doing.
(2) 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 director
and the operator.
(3)
(B) Proceed to take appropriate action to require
forfeiture of the financial assurances if the operator does
not substantially comply with paragraph (2).
assurances.
(4)
(C) Use the proceeds from the forfeited financial
assurances to conduct and complete reclamation in accordance with the
approved reclamation plan. If the surface mining operation
cannot be reclaimed in accordance with its approved reclamation plan,
or the financial assurances are inadequate to reclaim in accordance
with its approved reclamation plan, the lead agency or director may
use seized financial assurances to reclaim or remediate mining
disturbances as appropriate for the site conditions as determined by
both the lead agency and the director. The financial assurances
shall not 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 or a remediation
plan developed pursuant to this section as determined appropriate by
both the lead agency and the director 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 the written
notification by concurrence of the lead
agency and the director , which shall be forwarded to the
operator and the director, institutions
providing or holding the financial assurance mechanism, that
reclamation has been completed in accordance with the approved
reclamation plan. If a surface 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 and the director until new financial
assurances are secured from the new owner and have been approved by
the lead agency in accordance with Section 2770.
Sections 2770, 2773.1, and 2773.4. Within 90 days of the sale or
transfer of the surface mining operation, the new
operator shall establish or maintain an appropriate financial
assurance mechanism and sign a new statement of reclamation
responsibility in accordance with paragraph (10) of subdivision (c)
of Section 2772.
(d) The lead agency shall have primary responsibility to seek
forfeiture of financial assurances and to reclaim mine sites
under pursuant to subdivision (b). However,
in cases where if the board is not the
lead agency pursuant to Section 2774.4, the director may act to seek
forfeiture of financial assurances and reclaim mine sites pursuant to
subdivision (b) only if both of the following occurs:
(1) The financial incapability of the operator or the abandonment
of the surface mining operation has come to the attention
of the director.
(2) The lead agency has been notified in writing by the director
of the financial incapability of the operator or the abandonment of
the surface mining operation for at least 15 days, the
lead agency has not taken appropriate measures to seek forfeiture of
the financial assurances and reclaim the mine site, and one of the
following has occurred:
(A) The lead agency has been notified in writing by the director
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.
(B) The director determines that there is a violation that amounts
to an imminent and substantial endangerment to the public health,
safety, or to the environment.
(C) The lead agency notifies the director in writing that its good
faith attempts to seek forfeiture of the financial assurances have
not been successful.
The director shall comply with subdivision (b) in seeking
forfeiture of financial assurances and reclaiming mine sites.
(e) The board may adopt regulations specifying financial assurance
mechanisms other than surety bonds, irrevocable letters of credit,
and trust funds, which the board determines are reasonably available
and adequate to ensure reclamation pursuant to this chapter, but
these mechanisms shall not include financial tests,
tests or surety bonds executed by one or more
personal sureties. These mechanisms may include reclamation bond pool
programs.
(f) On or before March 1, 1993, the The
board shall adopt or revise guidelines to
implement this section as necessary . The guidelines are
exempt from the requirements of the Administrative Procedure Act
(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. 9. Section 2773.4 is added to the
Public Resources Code , to read:
2773.4. (a) (1) Prior to approving the financial assurances for a
new reclamation plan or adjustments to financial assurances based on
an amendment to a reclamation plan, the lead agency shall submit the
financial assurance cost estimate to the director for review.
(2) The lead agency shall provide the director with a preliminary
determination of whether the financial assurance cost estimate
submitted pursuant to paragraph (1) is adequate, complete, and
consistent with Section 2773.1.
(3) All documentation submitted to the director pursuant to this
subdivision shall be submitted at one time.
(b) No later than 15 days after receiving a financial assurance
cost estimate, the director shall notify the lead agency and the
operator if the submission is incomplete. An incomplete submission is
one that does not meet the content requirements of Section 2773.1.
The director's notice shall specifically identify all aspects of the
submission that are incomplete. The director's time to review the
financial assurance cost estimate shall commence upon the receipt of
a submission that contains the aspects identified in the director's
notice to the lead agency.
(c) (1) The director shall have 45 days from the date of receipt
of a complete financial assurance cost estimate to prepare written
comments if the director chooses.
(2) The lead agency shall evaluate written comments received from
the director relating to the financial assurances within a reasonable
amount of time. The lead agency shall prepare a written response to
the director's comments describing the disposition of the
major issues raised by the
director's comments.
(3) The lead agency shall submit its proposed response to the
director at least 30 days prior to approval of the financial
assurance cost estimate. The lead agency's response shall include
either of the following:
(A) A description of how the lead agency proposes to adopt the
director's comments to the financial assurance cost estimate.
(B) A detailed description of the reasons why the lead agency
proposes to reject the director's comments.
(4) Copies of any written comments received and responses prepared
by the lead agency shall be forwarded to the operator.
(5) (A) The lead agency shall give the director at least 30 days'
notice of the time, place, and date of the hearing at which the
financial assurance cost estimate is scheduled to be approved by the
lead agency. If no hearing is required by this chapter, local
ordinance, or other state law, then the lead agency shall provide 30
days' notice to the director that it intends to approve the financial
assurance cost estimate.
(B) The lead agency shall send to the director its final response
to the director's comments within 30 days following its approval of
the financial assurance cost estimate, during which time the
department retains all of its powers, duties, and authority pursuant
to this chapter.
(d) (1) Within 30 days of an annual inspection being conducted
pursuant to Section 2774, an operator shall provide an annual
financial assurance cost estimate to the lead agency for review.
(2) Within 60 days of receiving an operator's annual financial
assurance cost estimate, the lead agency shall do both of the
following:
(A) Review the annual financial assurance cost estimate for
adequacy and completeness consistent with Section 2773.1.
(B) Submit the annual financial assurance cost estimate to the
director for review.
(3) All documentation submitted to the director pursuant to this
subdivision shall be submitted at one time.
(4) The lead agency shall provide the director with a preliminary
determination of whether the annual financial assurance cost estimate
submitted pursuant to this subdivision is adequate, complete, and
consistent with Section 2773.1.
(5) Within 15 days of receiving an annual financial assurance cost
estimate, the director shall notify the lead agency and the operator
if the submission is incomplete. An incomplete submission is one
that does not meet the content requirements of Section 2773.1. The
director's notice shall specifically identify all aspects of the
submission that are incomplete. The director's time to review the
annual financial assurance cost estimate shall commence upon the
receipt of a submission that contains the aspects identified in the
director's notice to the lead agency.
(6) (A) Within 45 days of receiving an operator's complete annual
financial assurance cost estimate from the lead agency, the director
shall prepare written comments on the operator's financial assurances
and provide the comments to the lead agency and the operator, if the
director so chooses.
(B) Within 30 days from receiving the director's written comments
pursuant to this subdivision, the lead agency shall evaluate the
written comments and provide the director and operator its proposed
response to the director.
(C) Within 60 days of receiving the director's written comments,
or the due date of the director's written comments if they are not
received, the lead agency shall accept or reject an operator's annual
financial assurance cost estimate. In approving a financial
assurance cost estimate, the lead agency, with the concurrence of the
operator, may modify the financial assurance cost estimate as
necessary to correct deficiencies identified by the director or lead
agency.
(D) Within 30 days of the lead agency's acceptance of the annual
financial assurance cost estimate, the lead agency shall send the
director its final response to the director's comments.
(7) If the lead agency determines an operator's annual financial
assurance cost estimate is inadequate, the lead agency shall specify
the reasons for that determination. The operator shall have 30 days
to appeal that denial pursuant to subdivision (e) of Section 2770 or
provide a revised financial assurance cost estimate incorporating the
suggested changes to the director and the lead agency for approval
by the lead agency.
(e) (1) Within 30 days of the lead agency's approval of a
financial assurance cost estimate pursuant to this section, the
operator shall provide the lead agency and the director an
appropriate financial assurance mechanism. The operator shall provide
this financial assurance mechanism even if the director has appealed
the approval pursuant to subdivision (e) of section 2770.
(2) Within 15 days of receiving a financial assurance mechanism
pursuant to this subdivision, the lead agency and the director shall
review the financial assurance mechanism to determine if the type of
mechanism, including the release instructions, meets the requirements
of this chapter.
(3) A financial assurance mechanism utilizing any of the forms
provided as Appendix D, Appendix E-1, Appendix E-2, Appendix E-3, and
Appendix F to the guidelines adopted by the board pursuant to
subdivision (f) of section 2773.1 shall be deemed to meet the
requirements of this chapter. A financial assurance mechanism
considered by the lead agency or the director to not meet the
requirements of this chapter shall be returned to the operator with
correction instructions as to the type and release language of the
financial assurance mechanism.
SEC. 3. SEC. 10. Section 2774 of the
Public Resources Code is amended to read:
2774. (a) Every lead agency shall adopt ordinances in accordance
with state policy that establish procedures for the review and
approval of reclamation plans and financial assurances and the
issuance of a permit to conduct surface mining operations, 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,
to ensure that the ordinances continue to be in accordance with state
policy.
(b) Surface mining operations shall be inspected annually, solely
to determine whether the surface mining operation is in compliance
with its reclamation plan as described in subdivision (c) of Section
2772. The lead agency shall cause an inspection to be conducted by a
state licensed geologist, state licensed civil engineer, state
licensed landscape architect, state licensed forester, or a lead
agency employee who is experienced in land reclamation and who has
not been employed by the surface mining operation being inspected in
any capacity during the previous 12 months, except that a lead agency
employee may inspect surface mining operations conducted by another
department within the local agency. All inspections shall be
conducted using a form developed by the department and approved by
the board that includes the professional licensing and disciplinary
information of the person who conducted the inspection. The operator
shall be solely responsible for the reasonable cost of the
inspection. The lead agency shall provide a notice of completion of
inspection to the director within 90 days of conducting the
inspection. The notice shall contain a statement regarding the
surface mining operation's compliance with its approved reclamation
plan, as described in subdivision (c) of Section 2772, a copy of the
completed inspection form, and which aspects of the surface mining
operations, if any, are inconsistent with its approved reclamation
plan, as described in subdivision (c) of Section 2772, and any
corrective measures recommended by the inspector. If the surface
mining operation has a review of its reclamation plan, financial
assurances, or an interim management plan pending under subdivision
(b), (c), (d), or (h) of Section 2770, or an appeal pending before
the board or lead agency governing body under subdivision (e) or (h)
of Section 2770, the notice shall so indicate. The lead agency shall
forward to the operator a copy of the notice, a copy of the completed
inspection form, and any supporting documentation, including, but
not limited to, any inspection report prepared by the geologist,
civil engineer, landscape architect, forester, or lead agency
employee who conducted the inspection.
(c) Before approving a surface mining operation's reclamation plan
or financial assurances, or any amendments to the reclamation plan
and adjustments to financial assurances based on an amendment to a
reclamation plan, the lead agency shall submit the plan, assurances,
or amendments to the director for review. The plan or amendments
shall be submitted to the director as early as practicable in order
to facilitate review of the plan pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000)). All documentation for that submission shall be submitted to
the director at one time. When the lead agency submits a reclamation
plan or plan amendments to the director for review, the lead agency
shall also submit to the director, for use in reviewing the
reclamation plan or plan amendments, information from any prior final
related document prepared, adopted, or certified pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000)), and shall submit any other pertinent information.
The lead agency shall certify to the director that the reclamation
plan is considered complete and in substantial 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 for review.
(d) (1) The director shall have 30 days from the date of receipt
of a reclamation plan or plan amendments submitted pursuant to
subdivision (c), and 45 days from the date of receipt of financial
assurances submitted pursuant to subdivision (c), to prepare written
comments, if the director so chooses. The lead agency shall evaluate
written comments received from the director relating to the
reclamation plan, plan amendments, or financial assurances within a
reasonable amount of time.
(2) The lead agency shall prepare a written response to the
director's comments describing the disposition of the major issues
raised by the director's comments, and submit the lead agency's
proposed response to the director at least 30 days prior to approval
of the reclamation plan, plan amendment, or financial assurance. The
lead agency's response to the director's comments shall describe
whether the lead agency proposes to adopt the director's comments to
the reclamation plan, plan amendment, or financial assurance. If the
lead agency does not propose to adopt the director'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 at least 30
days' notice of the time, place, and date of the hearing before the
lead agency at which time the reclamation plan, plan amendment, or
financial assurance is scheduled to 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 that it intends to approve the reclamation
plan, plan amendment, or financial assurance. 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, plan
amendment, or financial assurance, along with final approved copies
of those documents, during which period the department retains all
powers, duties, and authorities of this chapter.
(3) To the extent there is a conflict between the comments of a
trustee agency or a responsible agency that are based on the agency's
statutory or regulatory authority and the comments of other
commenting agencies that are received by the lead agency pursuant to
the California Environmental Quality Act (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) (1)
(c) If an operator does not request an
inspection date on the annual report filed pursuant to Section
2207, 2207 or if the lead agency is
unable to cause the inspection of a given surface mining operation on
the date requested by the operator, the lead agency shall provide
the operator with a minimum of five days' written notice of a pending
inspection or a lesser time period if agreed to by the operator.
(2) Within 30 days of an annual inspection being conducted
pursuant to this section, each operator shall provide an annual
financial assurance cost estimate, on the form developed by the board
by regulation pursuant to subdivision (f) of Section 2773.1, to the
director and the lead agency for review.
(3) (A) Within 60 days of the receipt of an operator's annual
financial assurance cost estimate, the lead agency shall do both of
the following:
(i) Review the annual financial assurance cost estimate for
adequacy and completeness consistent with Section 2773.1.
(ii) Submit the annual financial assurance cost estimate to the
director for review.
(B) All documentation submitted to the director pursuant to this
paragraph shall be submitted at one time.
(C) The lead agency shall provide the director with a preliminary
determination of whether the annual financial assurance cost estimate
submitted pursuant to this paragraph is adequate and complete
consistent with Section 2773.1.
(4) The director shall have 45 days from the date of receipt of
the operator's annual financial assurance cost estimate from the lead
agency to prepare written comments on the operator's financial
assurances and provide the comments to the lead agency and the
operator. The lead agency shall have 30 days from receipt of the
director's comments to evaluate the written comments received from
the director and provide the director and operator its proposed
response to the director. The lead agency shall accept or reject a
surface mining operation's annual financial assurance cost estimate
within 60 days of receipt of the director's comments or the due date
of the director's comments if comments are not received. The lead
agency shall send to the director its final response to the director'
s comments within 30 days of its acceptance of the annual financial
assurance cost estimate.
(5) If the lead agency determines an operator's annual financial
assurance cost estimate is inadequate, the lead agency shall specify
the reasons for that determination. The operator shall have 30 days
to appeal that denial pursuant to subdivision (e) of Section 2770 or
provide a revised financial assurance cost estimate incorporating the
suggested changes to the director and the lead agency for approval
by the lead agency.
(6) The operator shall provide the director and the lead agency
with a revised financial assurances mechanism within 60 days of the
lead agency's approval. An operator shall be required to replace an
approved financial assurance mechanism to bond for the reclamation of
the surface mining operation only if the financial assurance cost
estimate identifies a need to increase the amount of the financial
assurance mechanism.
(f)
(d) (1) No later than April 1 of each year, the
director shall provide each lead agency with a notice listing each
active or idle surface mining operation within the lead agency's
jurisdiction. For each surface mining operation, the director shall
request and the lead agency shall provide to the director, on a form
provided by the director, no later than July 1 of each year,
year the following information:
(A) A copy of any permit or reclamation plan amendments, as
applicable.
(B) A statement that there have been no changes during the
previous year, as applicable.
(C) The date of each surface mining operation's last inspection.
(D) The date of each surface mining operation's last financial
assurance review pursuant to Section 2773.1 for each operation
listed.
(2) The director shall request similar information on any new or
omitted operations, to be provided to the director no later than July
1 of each year.
(g) The review and approval of financial assurances pursuant to
this section shall not be considered a project for purposes of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000)).
(h)
(e) (1) After January 1, 2018, a lead agency employee
who is not a state-licensed geologist, state-licensed civil engineer,
state-licensed landscape architect, or a state-license forester and
who inspects surface mining operations under this chapter shall have
completed an inspection workshop or an update workshop provided by
the director. The director shall provide an adequate transition time
period for lead agency inspectors to complete the update workshop if
it becomes necessary.
(2) Nothing in this subdivision shall be construed to affect or
impose qualifications or standards on employees designated by a
local, state, or federal agency to perform inspections of real
property under separate provisions of local, state, or federal law,
including, but not limited to, the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code), the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and
the Fish and Game Code, notwithstanding the fact that that
informational addenda are submitted to lead agencies pursuant to this
chapter in addition to reclamation plans, including materials
submitted pursuant to subdivision (d) of Section 2772.
SEC. 4. SEC. 11. Section 2774.2 of
the Public Resources Code is amended to read:
2774.2. (a) Within 30 days of the issuance of an order setting
administrative penalties under subdivision (c) of Section 2774.1, the
operator may petition that legislative body of the lead agency, if
the lead agency has issued the order, or the board for orders issued
by the director, for review of the order. If the operator does not
petition for review within the time limits set by this subdivision,
the order setting administrative penalties shall not be subject to
review by any court or agency.
(b) The legislative body of the lead agency or the board shall
notify the operator by personal service or certified mail whether it
will review the order setting administrative penalties. In reviewing
an order pursuant to this section, the record shall consist of the
record before the lead agency or the director and any other relevant
evidence which, in the judgment of the legislative body or the board,
should be considered to effectuate and implement the policies of
this chapter.
(c) The legislative body or the board may affirm, modify, or set
aside, in whole or in part, by its own order an order of the lead
agency or the director setting administrative penalties reviewed by
the legislative body or the board pursuant to this section.
(d) An order of the legislative body or the board issued under
subdivision (c) shall become effective upon its issuance unless the
operator petitions the superior court for review as provided in
subdivision (e). An order shall be served by personal service or by
certified mail upon the operator. Payment of an administrative
penalty that is specified in an order issued pursuant to subdivision
(c) shall be made to the lead agency or the director within 30 days
of service of the order. However, the payment shall be held in an
interest bearing impound account pending the resolution of a petition
for review filed pursuant to subdivision (e).
(e) An operator aggrieved by an order of the legislative body or
the board issued pursuant to subdivision (c) may obtain review of the
order by filing in the superior court a petition for writ of mandate
within 30 days following the issuance of the order. An operator
aggrieved by an order of a lead agency or the director setting
administrative penalties pursuant to subdivision (c) of Section
2774.1, for which the legislative body or board denies review, may
obtain review of the order in the superior court by filing in the
court a petition for writ of mandate within 30 days following the
denial of review. The provisions of Section 1094.5 of the Code of
Civil Procedure shall govern judicial proceedings pursuant to this
subdivision, except that in every case the court shall exercise its
independent judgment. If the operator does not petition for a writ of
mandate within the time limits set by this subdivision, an order of
the board or the legislative body shall not be subject to review by
any court or agency.
(f) (1) After the expiration of the time to petition for review
pursuant to subdivision (a) or (e), the director or the board acting
as the lead agency may apply to the small claims court or the
superior court, depending on the jurisdictional amount, in the county
where the administrative penalty was imposed for a judgment to
collect the unpaid administrative penalty imposed pursuant to
subdivision (c) of Section 2774.1. The application shall include all
of the following:
(A) The order setting the administrative penalty pursuant to
subdivision (c) of Section 2774.1.
(B) A notice to the operator of the right to petition for review
of the order.
(C) Either of the following:
(i) A declaration from the board that no petition was made or that
the board declined to review the petition.
(ii) A copy of the final order of the board.
(2) An application submitted pursuant to this subdivision shall
constitute a sufficient showing to warrant the issuance of the
judgment. The court clerk shall enter the judgment immediately in
conformity with the application.
(3) The judgment entered pursuant to this subdivision shall have
the same force and effect as, and shall be subject to all the
provisions of law relating to, a judgment in a civil action and may
be enforced in the same manner as any other judgment of the court.
The court shall make enforcement of the judgment a priority.
SEC. 5. SEC. 12. 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.