BILL NUMBER: SB 792	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Steinberg

                        FEBRUARY 18, 2011

   An act to amend Section 2762 of the Public Resources Code,
relating to mining.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 792, as introduced, Steinberg. Surface mining: mineral resource
management policies.
   The Surface Mining and Reclamation Act of 1975 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. Existing law requires
a lead agency, within 12 months of certain occurrences, to
establish, in accordance with state policy, mineral resource
management policies to be incorporated into the lead agency's general
plan. Existing law requires these policies to, among other things,
assist in the management of land use that affects areas of statewide
and regional significance.
   This bill would instead require the policy to assist in the
management of land use that affects access to areas of statewide and
regional significance. The bill would also make technical changes.
   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 2762 of the Public Resources Code is amended to
read:
   2762.  (a) Within 12 months of receiving the mineral information
described in Section 2761, and also within 12 months of the
designation of an area of statewide or regional significance within
its jurisdiction,  every   a  lead agency
shall, in accordance with state policy, establish mineral resource
management policies to be incorporated in its general plan 
which   that  will:
   (1) Recognize mineral information classified by the State
Geologist and transmitted by the board.
   (2) Assist in the management of land use  which affect
  that affects access to  areas of statewide and
regional significance.
   (3) Emphasize the conservation and development of identified
mineral deposits.
   (b)  Every   A  lead agency shall submit
proposed mineral resource management policies to the board for
review and comment prior to adoption.
   (c)  Any   A  subsequent amendment of
the mineral resource management policy previously reviewed by the
board shall also require review and comment by the board.
   (d)  (1)   If  any   an
 area is classified by the State Geologist as an area described
in paragraph (2) of subdivision (b) of Section 2761  ,
 and the lead agency either has designated that area in its
general plan as having important minerals to be protected pursuant to
subdivision (a), or otherwise has not yet acted pursuant to
subdivision (a), then prior to permitting a use  which
  that  would threaten the potential to extract
minerals in that area, the lead agency shall prepare, in conjunction
with preparing  any   , if required, an 
environmental document required by Division 13 (commencing with
Section 21000), or  in any event if  no such
document is required  , a statement specifying its reasons
for permitting the proposed use, and shall forward a copy to the
State Geologist and the board for review. 
    If 
    (2)     If  the proposed use is
subject to the requirements of Division 13 (commencing with Section
21000), the lead agency shall comply with the public review
requirements of that division. Otherwise, the lead agency shall
provide public notice of the availability of its statement by all of
the following: 
   (1) 
    (A)  Publishing the notice at least one time in a
newspaper of general circulation in the area affected by the proposed
use. 
   (2) 
    (B)  Directly mailing the notice to owners of property
within one-half mile of the parcel or parcels on which the proposed
use is located as those owners are shown on the latest equalized
assessment role. 
    The
    (3)     The  public review period
shall not be less than 60 days from the date of the notice and shall
include at least one public hearing. The lead agency shall evaluate
comments received and shall prepare a written response. The written
response shall describe the disposition of the major issues raised.
In particular,  when   if  the lead agency'
s position on the proposed use is at variance with recommendations
and objections raised in the comments, the written response shall
address in detail why specific comments and suggestions were not
accepted.
   (e) Prior to permitting a use  which   that
 would threaten the potential to extract minerals in an area
classified by the State Geologist as an area described in paragraph
(3) of subdivision (b) of Section 2761, the lead agency may cause to
be prepared an evaluation of the area in order to ascertain the
significance of the mineral deposit located  therein
  in the area  . The results of  such
  the  evaluation shall be transmitted to the State
Geologist and the board.