BILL NUMBER: SB 1103 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Aanestad
FEBRUARY 17, 2010
An act to amend Section 2207 of the Public Resources Code,
relating to surface mining.
LEGISLATIVE COUNSEL'S DIGEST
SB 1103, as introduced, Aanestad. Surface mining: idle mines: low
gross exemption.
Existing law prohibits, with exceptions, a person from conducting
a surface mining operation unless, among other things, a reclamation
plan has been submitted to and approved by the lead agency for the
operation. Existing law requires an operator, within 90 days of a
surface mining operation becoming idle, as defined, to submit to the
lead agency for review and approval, an interim management plan.
Existing law requires the State Mining and Geology Board to impose an
annual reporting fee on each active and idle mine. Existing law
establishes an exemption to the fee for certain low grossing mines.
This bill would require a mining operation that is declared idle,
and that is operating under an interim management plan because of its
minimum annual production level, to qualify for the low gross
exemption.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 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 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) Proof of 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
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 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 shall
not exceed four thousand dollars ($4,000) annually and
may shall 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
shall 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.
(6) Notwithstanding any other law, a state mining operation that
is declared idle, as defined in Section 2727.1, and that is operating
under an interim management plan because of its minimum annual
production level, pursuant to subdivision (h) of Section 2770, shall
qualify for the low gross exemption, pursuant to Section 3699 of
Title 14 of the California Code of Regulations.
(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 shall 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.