BILL NUMBER: SB 209 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 19, 2015
INTRODUCED BY Senator Pavley
FEBRUARY 11, 2015
An act to amend Section Sections 607,
2207, 2772, 2773.1, and 2774 of of, and
to add Sections 2006.5 and 2780 to, the Public Resources Code,
relating to surface mining.
LEGISLATIVE COUNSEL'S DIGEST
SB 209, as amended, Pavley. Surface mining: inspections:
training. inspections and financial assurances.
Existing law establishes the Office of Mine Reclamation within the
Department of Conservation.
This bill would instead establish the Division of Mines within the
department under the direction of the State Mine Inspector.
The Surface Mining and Reclamation Act of 1975
Existing law requires the owner or operator
of a mining operation to forward annually to the director and the
lead agency a report that provides, among other things, proof of
annual inspection by the lead agency. agency
and proof of financial assurances. The Surface Mining and Reclamation
Act of 1975 requires the owner or operator of a mining operation to
file with the lead agency reclamation plans containing specified
information. The act requires the lead agency to require financial
assurances of each surface mining operation. The act requires a
lead agency to inspect a surface mining operation within 6 months of
receiving th the operation's
annual report and to conduct an inspection no less than once
every calendar year. The act authorizes a lead agency to authorize 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 require the Department of Conservation, no later
than January 1, 2018, and on an ongoing basis thereafter, to offer
continuing educational opportunities for lead agency employees to
become certified, as appropriate, by the department to inspect
surface mining operations. The bill would prohibit a lead agency that
operates a surface mining operation from having an inspection
performed by a lead agency employee, as specified, unless that
employee has become certified as a surface mining operation inspector
within the previous 2 years.
This bill would revise the proof of financial assurances to be
submitted with the annual report. The bill would define "financial
assurances" to be the combination of an approved current financial
assurance cost estimate and a financial assurance mechanism, as
specified. The bill would require the inspections be conducted by a
state licensed geologist, state licensed civil engineer, or state
licensed geophysicist, as specified. The bill would authorize the
lead agency and the State Mine Inspector to inspect all mining
operations and, when conducting those inspections, would require
certain determinations be made. The bill would require the
reclamation plan to be filed on a form developed by the State Mining
and Geology Board and to include a schedule with time limits for
completing reclamation, in accordance with the plan, to be reviewed
and confirmed by the lead agency during the annual inspections. The
bill would authorize a lead agency to relinquish some or all of its
duties and responsibilities under the act and other state law
regulating surface mining operation and would require the State Mine
Inspector to assume those duties and responsibilities relinquished by
the lead agency.
This bill would state the intent of the Legislature to, among
other things, modernize the Surface Mining and Reclamation Act of
1975.
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. It is the intent of the Legislature to
modernize the Surface Mining and Reclamation Act of 1975 (Chapter 9
(commencing with Section 2710) of Division 2 of the Public Resources
Code) to remedy concerns and issues identified by various
stakeholders, ranging from conservation groups to mine operators
to local governments. Issues that have been raised
include, but are not limited to, the following:
(a) A fair and adequate fee structure to support the Office of
Mine Reclamation.
(b) Improving compliance with the annual inspection requirement
and enforcement.
(c) Training to local governments that often serve as the lead
agency for surface mines.
(d) Ensuring the adequacy of financial assurances and reclamation
plans.
(e) Improving the professionalism of the Office of Mine
Reclamation and improving administrative efficiency and appeals
processes within the act.
SEC. 2. Section 607 of the Public
Resources Code is amended to read:
607. The work of the department shall be divided into at least
the following:
(a) California Geological Survey.
(b) Division of Oil, Gas, and Geothermal Resources.
(c) Division of Land Resource Protection.
(d) Office of Mine Reclamation.
(d) Division of Mines.
SEC. 3. Section 2006.5 is added to the
Public Resources Code , to read:
2006.5. "State Mine Inspector" means the individual directing the
Division of Mines established pursuant to subdivision (d) of Section
607.
SEC. 4. 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 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 federal Bureau of Mines 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) Proof of annual inspection by the
lead agency.
(B) It is the intent of the Legislature to develop a separate
procedure for county-owned borrow pits and similar sites and the
training necessary to inspect them.
(9) Proof of financial assurances. the
most recently approved financial cost estimate and the approved
financial assurance cost mechanism.
(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
paragraphs (1) to (16), inclusive, of subdivision
(a).
(2) The owner or operator of a mining operation shall allow access
to the property to any governmental agency or the agent of any
company providing financial assurances in connection with the
reclamation plan, in order that the reclamation can be carried out by
the entity or company, in accordance with the provisions of the
reclamation plan.
(c) Subsequent reports shall include only changes in the
information submitted for the items described in subdivision (a),
except that, instead of the approved reclamation plan, the reports
shall include any reclamation plan amendments approved during the
previous year. The reports shall state whether review of a
reclamation plan, financial assurances, or an interim management plan
is pending under subdivision (b), (c), (d), or (h) of Section 2770,
or whether an appeal before the board or lead agency governing body
is pending under subdivision (e) or (h) of Section 2770. The 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
federal Bureau of Mines, and notify the person and agent of any
deficiencies in the report within 90 days of receipt. That person or
agent shall have 30 days from receipt of the notification to correct
the noted deficiencies and forward the revised reports to the
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 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 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 Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code and is not subject to that chapter.
SEC. 5. Section 2772 of the
Public Resources Code is amended to read:
2772. (a) The reclamation plan
Reclamation plans and amended reclamation plans shall be filed
with the lead agency, on a form provided by the lead agency,
developed by the board, with provisions for
additional information required at the discretion of the lead agency,
by any person who owns, leases, or otherwise controls
or operates on all, or any portion of any, mined lands, and who
or company that plans to conduct surface mining
operations on the lands. any land
.
(b) All documentation for the reclamation plan shall be submitted
by the lead agency to the department at one time.
(c) The reclamation plan shall include all of the following
information and documents:
(1) The name and address of the surface mining operator and the
names and addresses of any persons designated by the operator as an
agent for the service of process.
(2) The anticipated quantity and type of minerals for which the
surface mining operation is to be conducted.
(3) The proposed dates for the initiation and termination of
surface mining operation.
(4) The maximum anticipated depth of the surface mining operation.
(5) The size and legal description of the lands that will be
affected by the surface mining operation, a map that includes the
boundaries and topographic details of the lands, a description of the
general geology of the area, a detailed description of the geology
of the area in which surface mining is to be conducted, the location
of all streams, roads, railroads, and utility facilities within, or
adjacent to, the lands, the location of all proposed access roads to
be constructed in conducting the surface mining operation, and the
names and addresses of the owners of all surface interests and
mineral interests in the lands.
(6) A description of, and a plan for, the type of surface mining
to be employed, and a time schedule that will provide for the
completion of surface mining on each segment of the mined lands so
that reclamation can be initiated at the earliest possible time on
those portions of the mined lands that will not be subject to further
disturbance by the surface mining operation.
(7) A description of the proposed use or potential uses of the
mined lands after reclamation and evidence that all owners of a
possessory interest in the land have been notified of the proposed
use or potential uses.
(8) A description of the manner in which reclamation, adequate for
the proposed use or potential uses will be accomplished, including
both of the following:
(A) A description of the manner in which contaminants will be
controlled, and mining waste will be disposed.
(B) A description of the manner in which affected streambed
channels and streambanks will be rehabilitated to a condition
minimizing erosion and sedimentation will occur.
(9) An assessment of the effect of implementation of the
reclamation plan on future mining in the area.
(10) A statement that the person submitting the reclamation plan
accepts responsibility for reclaiming the mined lands in accordance
with the reclamation plan.
(11) A schedule with time limits for completing reclamation, in
accordance with the reclamation plan, to be reviewed and confirmed by
the lead agency during the annual inspections.
(11)
(12) 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
13 (commencing with Section 21000), may be included in the
reclamation plan by reference, if that item of information or that
document is attached to the reclamation plan when the lead agency
submits the reclamation plan to the director for review. To the
extent that the information or document referenced in the reclamation
plan is used to meet the requirements of subdivision (c), the
information or document shall become part of the reclamation plan and
shall be subject to all other requirements of this article.
(e) Nothing in this This section
is intended to does not limit or expand
the department's State Mine Inspector's
authority or responsibility to review a document in accordance
with Division 13 (commencing with Section 21000).
SEC. 6. Section 2773.1 of the Public
Resources Code is amended to read:
2773.1. (a) Lead agencies shall require
All surface mining operations subject to this chapter shall have
financial assurances of each surface mining operation
approved pursuant to this chapter to ensure
reclamation is performed in accordance with the surface
mining operation's approved reclamation plan, as follows:
can be completed at any time during surface mining o
perations in accordance with this chapter and the surface mining
operation's reclamation plan. For purposes of this section,
"financial assurances" are the combination of an approved current
financial assurance cost estimate and a financial assurance mechanism
that is equal to or greater than the current financial assurance
cost estimate.
(1) Financial assurances The 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 assurance mechanisms specified by the
board pursuant to subdivision (e), which 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 assurance
mechanism 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 adjusted annually to
account for new lands disturbed by surface mining operations,
inflation, and reclamation of lands accomplished in accordance with
the approved reclamation plan.
(4) The financial assurances shall be made payable to the lead
agency and the department. Financial assurances that were approved by
the lead agency prior to January 1, 1993, and were made payable to
the State Geologist shall be considered payable to the department for
purposes of this chapter. However, if a surface mining operation has
received approval of its financial assurances from a public agency
other than the lead agency, the lead agency 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 which is necessary to perform reclamation of lands
remaining disturbed. For purposes of this paragraph, a "public agency"
may include a federal agency.
(4) The financial assurance mechanism shall be made payable to the
lead agency and the department and shall not be reduced or released
without mutual written consent.
(b) If the lead agency or the board, following a public hearing,
determines that the operator is financially incapable of performing
reclamation in accordance with its approved reclamation plan, or has
abandoned its surface mining operation without commencing
reclamation, either the lead agency or the director shall do all of
the following:
(1) 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) Proceed to take appropriate action to require forfeiture of
the financial assurances if the operator does not substantially
comply with paragraph (2).
(4) Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. In no event shall the financial assurances be used
for any other purpose. The operator is responsible for the costs of
conducting and completing reclamation in accordance with the approved
reclamation plan which that are in
excess of the proceeds from the forfeited financial assurances.
(c) Financial assurances shall no longer be required of a surface
mining operation, and shall be released, upon written notification by
the lead agency, which shall be forwarded to the operator and the
director, that reclamation has been completed in accordance with the
approved reclamation plan. If a mining operation is sold or ownership
is transferred to another person, the existing financial assurances
shall remain in force and shall not be released by the lead agency
until new financial assurances are secured from the new owner and
have been approved by the lead agency in accordance with Section
2770.
(d) The lead agency shall have primary responsibility to seek
forfeiture of financial assurances and to reclaim mine sites under
subdivision (b). However, in cases where the board is not the lead
agency pursuant to Section 2774.4, the director 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 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 mining operation for at least 15 days, and has not taken
appropriate measures to seek forfeiture of the financial assurances
and reclaim the mine site; and one of the following has occurred:
(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 may not include financial 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 board shall adopt guidelines
to implement this section. The guidelines are exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and are not subject
to review by the Office of Administrative Law.
SECTION 1. SEC. 7. 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) (1) (A) The lead agency shall conduct an
inspection of a surface mining operation within six months of receipt
by the lead agency of the surface mining operation's report
submitted pursuant to Section 2207, solely to determine whether the
surface mining operation is in compliance with this chapter. In no
event shall a lead agency inspect a surface mining operation less
than once in any calendar year. The lead agency may
shall cause an inspection to be conducted by a
state licensed geologist, state licensed civil engineer,
state licensed landscape architect, or state licensed
forester, geophysicist, who is
experienced in land reclamation and who has not been employed by a
surface mining operation within the jurisdiction of the lead agency
in any capacity during the previous 12 months. If a lead agency
operates a surface mining operation, the inspector shall not have
been an employee of the lead agency in any capacity during the
previous 12 months unless, beginning January 1, 2018, the lead agency
employee has become certified as a surface mining operation
inspector within the previous two years pursuant to paragraph (2).
All inspections shall be conducted using a form developed by the
department and approved by the board that shall include the
professional licensing and disciplinary information of the person who
conducted the inspection. The operator shall be solely responsible
for the reasonable cost of the inspection. The lead agency shall
notify the director within 30 days of the date of completion of the
inspection that the inspection has been conducted. The notice shall
contain a statement regarding the surface mining operation's
compliance with this chapter, shall include a copy of the completed
inspection form, and shall specify which aspects of the surface
mining operations, if any, are inconsistent with this chapter. If the
surface mining operation has a review of its reclamation plan,
financial assurances, or an interim management plan pending under
subdivision (b), (c), (d), or (h) of Section 2770, or an appeal
pending before the board or lead agency governing body under
subdivision (e) or (h) of Section 2770, the notice shall so indicate.
The lead agency shall forward to the operator a copy of the notice,
a copy of the completed inspection form, and any supporting
documentation, including, but not limited to, any inspection report
prepared by the geologist, civil engineer, landscape
architect, or forester, or geophysicist, who
conducted the inspection.
(B) It is the intent of the Legislature to define which aspects of
an inspection constitute the professional practice of geology and
engineering requiring certification by an appropriate professional.
(2) No later than January 1, 2018, and on an ongoing basis
thereafter, the department shall offer continuing educational
opportunities for lead agency employees to become certified, as
appropriate, by the department to inspect surface mining operations.
(c) Before approving a surface mining operation's reclamation
plan, financial assurances, including existing financial assurances
reviewed by the lead agency pursuant to subdivision (c) of Section
2770, or any amendments, the lead agency shall submit the plan,
assurances, or amendments to the director for review. 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 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 in compliance with the
applicable requirements of this chapter and Article 1 (commencing
with Section 3500) of Chapter 8 of Division 2 of Title 14 of the
California Code of Regulations and the lead agency's mining ordinance
in effect at the time that the reclamation plan is submitted to the
director for review.
(c) In addition to subdivision (a), lead agencies or the State
Mine Inspector may inspect all mining operations to determine if the
operation is in compliance with this chapter and Section 2207. In
conducting the inspection, the lead agencies or the State Mine
Inspector shall determine all of the following:
(1) If the mining operation is in compliance with its approved
reclamation plan.
(2) If adequate and appropriate financial assurances have been
established for the mining operation.
(3) If the mining operation has complied with any notice of
violation or order to correct.
(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 during which period the department
retains all powers, duties, and authorities of this chapter.
(3) To the extent that there is a conflict between the comments of
a trustee agency or a responsible agency that are based on the
agency's statutory or regulatory authority and the comments of other
commenting agencies which 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) A lead agency shall notify the director of the filing of an
application for a permit to conduct surface mining operations within
30 days of an application being filed with the lead agency. By July
1, 1991, each lead agency shall submit to the director for every
active or idle mining operation within its jurisdiction, a copy of
the mining permit required pursuant to Section 2774, and any
conditions or amendments to those permits. By July 1 of each
subsequent year, the lead agency shall submit to the director for
each active or idle mining operation a copy of any permit or
reclamation plan amendments, as applicable, or a statement that there
have been no changes during the previous year. Failure to file with
the director the information required under this section shall be
cause for action under Section 2774.4.
SEC. 8. Section 2780 is added to the
Public Resources Code , to read:
2780. A lead agency may unilaterally and voluntarily relinquish
any or all of its duties and responsibilities under this chapter. The
State Mine Inspector shall assume the duties and responsibilities
relinquished by the lead agency.