BILL NUMBER: SB 218	CHAPTERED  07/14/04

	CHAPTER  142
	FILED WITH SECRETARY OF STATE  JULY 14, 2004
	APPROVED BY GOVERNOR  JULY 13, 2004
	PASSED THE ASSEMBLY  JULY 1, 2004
	PASSED THE SENATE  JANUARY 27, 2004
	AMENDED IN SENATE  JANUARY 26, 2004
	AMENDED IN SENATE  APRIL 21, 2003

INTRODUCED BY   Senator Sher

                        FEBRUARY 13, 2003

   An act to amend Section 2717 of the Public Resources Code,
relating to surface mining.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 218, Sher.  Surface mining and reclamation.
   Existing law requires the Department of Conservation, for purposes
of complying with certain provisions regarding public contracts, to
publish or otherwise make available, upon request, to the Department
of General Services or a state agency, a list identifying certain
surface mining operations.  Existing law prohibits an operator of
surface mines in this state, whose operations are not identified in
that list, from selling California mined material to a local agency.

   This bill would specify that the list is also compiled for
purposes of ensuring compliance with that prohibition, and would
require the department to make the list available, upon request, to a
local agency.


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


  SECTION 1.  Section 2717 of the Public Resources Code is amended to
read:
   2717.  (a) The board shall submit to the Legislature on December
1st of each year a report on the actions taken pursuant to this
chapter during the preceding fiscal year.  The report shall include a
statement of the actions, including legislative recommendations,
that are necessary to carry out more completely the purposes and
requirements of this chapter.
   (b) For purposes of ensuring compliance with  Sections 10295.5 and
20676 of the Public Contract Code, the department shall, at a
minimum, quarterly publish in the California Regulatory Notice
Register, or otherwise make available upon request to the Department
of General Services or any other state or local agency, a list
identifying all of the following:
   (1) Surface mining operations for which a report is required and
has been submitted pursuant to Section 2207 that indicates all of the
following:
   (A) The reclamation plan and financial assurances have been
approved pursuant to this chapter.
   (B) Compliance with state reclamation standards developed pursuant
to Section 2773.
   (C) Compliance with the financial assurance guidelines developed
pursuant to Section 2773.1.
   (D) The annual reporting fee has been submitted to the Department
of Conservation.
   (2) Surface mining operations for which an appeal is pending
before the board pursuant to subdivision (e) of Section 2770,
provided that the appeal shall not have been pending before the board
for more than 180 days.
   (3) Surface mining operations for which an inspection is required
and for which an inspection notice has been submitted by the lead
agency pursuant to Section 2774 that indicates both compliance with
the approved reclamation plan and that sufficient financial
assurances, pursuant to Section 2773.1, have been approved and
secured.