BILL NUMBER: AB 2742 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Blakeslee
FEBRUARY 19, 2010
An act to amend Section 2770 of the Public Resources Code,
relating to mining.
LEGISLATIVE COUNSEL'S DIGEST
AB 2742, as introduced, Blakeslee. Mining: surface mining
operations.
Existing law prohibits a person, with exceptions, from conducting
surface mining operations unless a permit is obtained from, a
reclamation plan is submitted to and approved by, and financial
assurances for reclamation have been approved by, the lead agency for
the operation.
This bill would make technical, nonsubstantive changes to that
law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2770 of the Public Resources Code is amended to
read:
2770. (a) Except as provided in this section, no
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, the lead agency for the
operation pursuant to this article.
(b) Any A person with an existing
surface mining operation who has vested rights pursuant to Section
2776 and who does not have an approved reclamation plan shall submit
a reclamation plan to the lead agency not later than March 31, 1988.
If a reclamation plan application is not on file by March 31, 1988,
the continuation of the surface mining operation is prohibited until
a reclamation plan is submitted to the lead agency. For purposes of
this subdivision, reclamation plans may consist of all or the
appropriate sections of any the plans
or written agreements previously approved by the lead agency or
another agency, together with any the
additional documents needed to substantially meet the requirements of
Sections 2772 and 2773 and the lead agency surface mining ordinance
adopted pursuant to subdivision (a) of Section 2774, provided that
all documents which together were proposed to serve as the
reclamation plan are submitted for approval to the lead agency in
accordance with this chapter.
(c) If a person with an existing surface mining operation has
received lead agency approval of its financial assurances for
reclamation prior to January 1, 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).
Any A person with an existing surface mining
operation which 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).
(d) The lead agency's review of reclamation plans 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 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) Any A person who,
based on the evidence of the record, can substantiate 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 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 (d), may
appeal that action or inaction to the board.
(f) The board may decline to hear an appeal if it determines that
the appeal raises no substantial issues related to the lead agency's
review pursuant to this section.
(g) Appeals An appeal that the board
does not decline to hear shall be scheduled and heard at a public
hearing within 45 days of the filing of the appeal, or any
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, 2773.1, and the lead
agency surface mining ordinance adopted pursuant to subdivision (a)
of Section 2774. A reclamation plan or financial assurances
determined to meet these requirements shall be approved. A
reclamation plan or financial assurances determined not to meet these
requirements shall be returned to the person filing the appeal with
a notice of deficiencies, who and the person
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, an interim management plan. The
review and approval of an interim management plan shall not be
considered a project for purposes of Division 13 (commencing with
Section 21000). The approved interim management plan shall be
considered an amendment to the surface mining operation's approved
reclamation plan, for purposes of this chapter. The interim
management plan shall provide measures the operator will implement to
maintain the site in compliance with this chapter, including, but
not limited to, all permit conditions.
(2) The interim management plan may remain in effect for a period
not to exceed five years, at which time the lead agency shall do one
of the following:
(A) Renew the interim management plan for another period not to
exceed five years, if the lead agency finds that the surface mining
operator has complied fully with the interim management plan.
(B) Require the surface mining operator to commence reclamation in
accordance with its approved reclamation plan.
(3) The financial assurances required by Section 2773.1 shall
remain in effect during the period that the surface mining operation
is idle. If the surface mining operation is still idle after the
expiration of its interim management plan, the surface mining
operation shall commence reclamation in accordance with its approved
reclamation plan.
(4) Within 60 days of the receipt of the interim management plan,
or a longer period mutually agreed upon by the lead agency and the
operator, the lead agency shall review and approve the plan in
accordance with its ordinance adopted pursuant to subdivision (a) of
Section 2774, so long as the plan satisfies the requirements of this
subdivision, and so notify the operator in writing. Otherwise, the
lead agency shall notify the operator in writing of any deficiencies
in the plan. The operator shall have 30 days, or a longer period
mutually agreed upon by the operator and the lead agency, to submit a
revised plan.
(5) The lead agency shall approve or deny approval of the revised
interim management plan within 60 days of receipt. If the lead agency
denies approval of the revised interim management plan, the operator
may appeal that action to the lead agency's governing body, which
shall schedule a public hearing within 45 days of the filing of the
appeal, or any a longer period mutually
agreed upon by the operator and the governing body.
(6) Unless review of an interim management plan is pending before
the lead agency, or an appeal is pending before the lead agency's
governing body, a surface mining operation which
that remains idle for over one year after becoming idle as
defined in Section 2727.1 without obtaining approval of an interim
management plan shall be considered abandoned and the operator shall
commence and complete reclamation in accordance with the approved
reclamation plan.
(i) Any An enforcement action
which 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 filed with a lead agency
governing body pursuant to subdivision (h).