BILL NUMBER: AB 566	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 14, 2011
	PASSED THE ASSEMBLY  AUGUST 15, 2011
	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  MARCH 22, 2011

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 16, 2011

   An act to amend Sections 2711 and 2761 of the Public Resources
Code, relating to resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 566, Galgiani. Resources: surface mining.
   The Surface Mining and Reclamation Act of 1975 prohibits a person
from conducting surface mining operations without obtaining a permit
from the lead agency for those operations, and submitting and
receiving approval for a reclamation plan and financial assurances
from the lead agency. The act makes certain findings and declarations
regarding surface mining, including the finding that the extraction
of minerals is essential to the continued economic well-being of the
state and to the needs of the society.
   This bill would include additional legislative findings,
including, among other things, that the state's mineral resources are
vital, finite, and important natural resources and the responsible
protection and development of these mineral resources is vital to a
sustainable California.
   The act requires, after the completion of each decennial census,
at a minimum, the Office of Planning and Research to identify certain
areas of the state, including areas that are standard metropolitan
areas. The act also requires the State Geologist to classify, based
on certain factors, the areas identified by the office, any area for
which classification has been requested by a petition that has been
accepted by the State Mining and Geology Board, or other areas as
specified by the board, as, among other things, an area that contains
mineral deposits and is of regional or statewide significance.
   This bill would require the board to transmit mineral resource
information on the classified areas described above, or on other
designated areas, to a lead agency or a metropolitan planning
organization within 30 days of receiving a request for the
information.


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

  SECTION 1.  Section 2711 of the Public Resources Code is amended to
read:
   2711.  (a) The Legislature hereby finds and declares that the
extraction of minerals is essential to the continued economic
well-being of the state and to the needs of the society, and that the
reclamation of mined lands is necessary to prevent or minimize
adverse effects on the environment and to protect the public health
and safety.
   (b) The Legislature further finds that the reclamation of mined
lands as provided in this chapter will permit the continued mining of
minerals and will provide for the protection and subsequent
beneficial use of the mined and reclaimed land.
   (c) The Legislature further finds that surface mining takes place
in diverse areas where the geologic, topographic, climatic,
biological, and social conditions are significantly different and
that reclamation operations and the specifications therefor may vary
accordingly.
   (d) The Legislature further finds that the production and
development of local mineral resources that help maintain a strong
economy and that are necessary to build the state's infrastructure
are vital to reducing transportation emissions that result from the
distribution of hundreds of millions of tons of construction
aggregates that are used annually in building and maintaining the
state.
   (e) The Legislature further finds and recognizes the need of the
state to provide local governments, metropolitan planning
organizations, and other relevant planning agencies with the
information necessary to identify and protect mineral resources
within general plans.
   (f) The Legislature further finds that the state's mineral
resources are vital, finite, and important natural resources and the
responsible protection and development of these mineral resources is
vital to a sustainable California.
  SEC. 2.  Section 2761 of the Public Resources Code is amended to
read:
   2761.  (a) On or before January 1, 1977, and, at a minimum, after
the completion of each decennial census, the Office of Planning and
Research shall identify portions of the following areas within the
state that are urbanized or are subject to urban expansion or other
irreversible land uses that would preclude mineral extraction:
   (1) Standard metropolitan statistical areas and other areas for
which information is readily available.
   (2) Other areas as may be requested by the board.
   (b) In accordance with a time schedule, and based upon guidelines
adopted by the board, the State Geologist shall classify, on the
basis solely of geologic factors, and without regard to existing land
use and land ownership, the areas identified by the Office of
Planning and Research, any area for which classification has been
requested by a petition that has been accepted by the board, or any
other areas as may be specified by the board, as one of the
following:
   (1) An area that contains mineral deposits and is not of regional
or statewide significance.
   (2) An area that contains mineral deposits and is of regional or
statewide significance.
   (3) An area that contains mineral deposits, the significance of
which requires further evaluation.
   (c) The State Geologist shall require the petitioner to pay the
reasonable costs of classifying an area for which classification has
been requested by the petitioner.
   (d) The State Geologist shall transmit the information to the
board for incorporation into the state policy and for transmittal to
lead agencies.
   (e) The board shall transmit mineral resource information on areas
classified by the State Geologist pursuant to paragraph (2) of
subdivision (b), or on applicable areas designated by the board
pursuant to Section 2790, or both, to a lead agency or a metropolitan
planning organization within 30 days of receiving a request for the
mineral resource information identified within the jurisdiction of
the lead agency or the metropolitan planning organization.