BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 143|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 143
Author: Rubio (D)
Amended: 6/11/12
Vote: 21
PRIOR SENATE VOTES NOT RELEVANT
SENATE NATURAL RESOURCES AND WATER COMM. : 7-0, 8/23/12
AYES: Pavley, Cannella, Evans, Kehoe, Padilla, Simitian,
Wolk
NO VOTE RECORDED: La Malfa, Fuller
ASSEMBLY FLOOR : 51-26, 8/20/12 - See last page for vote
SUBJECT : Surface mining: idle mines
SOURCE : Author
DIGEST : This bill limits the renewal of an idle surface
mining operations Interim Management Plan (IMP) to one
additional five-year renewal period at the expiration of
the first five-year renewal period.
Assembly Amendments delete the Senate version of the bill
relating to air pollution and instead add the above
language.
ANALYSIS : Existing law:
Pursuant to the Surface Mining and Reclamation Act (SMARA).
CONTINUED
SB 143
Page
2
1.Prohibits conducting surface mining operations without
first obtaining a permit, submitting a reclamation plan,
and providing financial assurances to a lead agency,
which is usually a local government.
2.Defines "reclamation" as the combined process of land
treatment that minimizes water degradation, air
pollution, damage to aquatic or wildlife habitat,
flooding, erosion, and other adverse effects from surface
mining operations, including adverse surface effects
incidental to underground mines, so that mined lands are
reclaimed to a usable condition which is readily
adaptable for alternate land uses and create no danger to
public health or safety. The process may extend to
affected lands surrounding mined lands, and may require
backfilling, grading, resoiling, revegetation, soil
compaction, stabilization, or other measures.
3.Requires financial assurances from the surface mining
operator to ensure reclamation is performed in accordance
with the approved reclamation plan.
4.Requires, within 90 days of a surface mining operation
becoming idle, the operator of a surface mining operation
to submit an IMP to the lead agency for review and
approval. A mine has become "idle" when an operator of a
surface mining operation has curtailed production at the
surface mining operation, with the intent to resume the
surface mining operation at a future date, for a period
of one year or more by more than 90% of its maximum
annual mineral production within any of the last five
years during which an IMP has not been approved.
5.Requires the IMP to provide measures that the operator
will implement to maintain the site.
6.Allows the IMP to 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 IMP for an additional period not to
exceed five years, which may be renewed for additional
CONTINUED
SB 143
Page
3
five-year periods at the expiration of each five-year
period, if the lead agency finds that the surface
mining operator has complied fully with the IMP.
B. Require the surface mining operator to commence
reclamation in accordance with its approved
reclamation plan.
1.Requires the financial assurances to remain in effect
during the period the surface mining operation is idle.
If the surface mining operation is still idle after the
expiration of its IMP, the operation shall commence
reclamation in accordance with its approved reclamation
plan.
Comments
According to a 2011 State Mining and Geology Board (SMGB)
report, "Ýl]ack of operator adherence to statutory
requirements can result in many surface mining operations
becoming abandoned even if such operations had an intent to
resume mining." At the time of the SMGB report, 97 mines
should have had IMPs but only 35 had them, and 35 lead
agencies (more than 28% of all lead agencies in California)
had mines that required IMPs but did not have them in
place. In general, before 2012, if an idle mine did not
have an IMP, it was considered abandoned and the operator
was obligated to commence and complete reclamation in
accordance with the approved reclamation plan.
The SMGB report referenced the need for legislative action
to provide relief to operators that failed to follow
statutory requirements for IMPs. SB 108 (Rubio), Chapter
491, Statutes of 2011, among other things, provides a brief
amnesty period for mining operators who did not adhere to
SMARA's statutory requirements regarding IMPs. SB 108 also
allows a lead agency to renew an IMP every five years.
This bill contains SB 108 "cleanup" language. Specifically,
the bill only allows a surface mining operation to obtain
one additional IMP renewal at the expiration of the first
five-year renewal period. Currently, SB 108 allows
unlimited renewals. According to the author, who also
authored SB 108:
CONTINUED
SB 143
Page
4
All mines may experience periods of idleness and may
encounter even more in the current economic downturn,
so the ability for an operator to be able to submit
and renew an Interim Management Plan is crucial.
However, it is critical that there is a limit to how
long a mine may remain idle before the reclamation
process must commence. SB 143 strikes an important
balance between creating jobs and protecting the
environment by limiting it to two renewals.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee,
negligible costs, if any, to the Department of
Conservation.
SUPPORT : (Verified 8/8/12)
Sierra Fund
OPPOSITION : (Verified 8/8/12)
Regional Council of Rural Counties
ARGUMENTS IN SUPPORT : This bill is supported by The
Sierra Fund, which advocates for the preservation and
restoration of the natural resources of the Sierra Nevada.
ARGUMENTS IN OPPOSITION : This bill is opposed by the
Regional Council of Rural Counties, who contend the bill
threatens the ability of mine operators to keep their mines
active.
ASSEMBLY FLOOR : 51-26, 08/20/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Galgiani, Gatto, Gordon, Hall, Hayashi, Hill,
Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma,
Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez,
CONTINUED
SB 143
Page
5
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao,
Wagner
NO VOTE RECORDED: Furutani, Gorell, Roger Hernández
DLW:n 8/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED