AB 1161, as introduced, Salas. Nuisance: mining activities.
Existing law defines a nuisance, in part, as anything that is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Existing law authorizes various remedies for nuisances, including remedies to effect abatement and damages. Existing law provides, among other things, that no agricultural activity, operation, facility, or appurtenances thereof, as defined, in operation for more than 3 years, and conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, shall become a nuisance due to any changed condition in the locality if it was not a nuisance at the time it began, except as specified.
This bill would provide that no mining activity, operation or facility, or appurtenances thereof, as defined, conducted or maintained for commercial purposes by means of a quarry or pit for more than 3 years pursuant to an active, valid land use authorization and reclamation plan, as specified, shall become a nuisance due to any changed condition in the locality if it was not a nuisance at the time it began, except as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3482.7 is added to the Civil Code, to
2read:
(a) No surface mining activity, operation, or facility,
4or appurtenances thereof, shall become a nuisance, private or
5public, due to a changed condition in or about the locality, if both
6of the following conditions are met:
7(1) The surface mining activity, operation, or facility, or
8appurtenances thereof, is conducted or maintained for commercial
9purposes by means of a quarry or pit for more than three years
10from both the issuance of an active, valid surface mining permit,
11conditional use permit, or other land use authorization and an
12active, valid reclamation plan approved pursuant to the Surface
13Mining and Reclamation Act of 1975 (Chapter 9 (commencing
14with Section 2710) of Division 2 of the Public Resources Code).
15(2) The surface mining activity, operation, or facility, or
16appurtenances thereof, described in paragraph (1) was not a
17nuisance at the time it began.
18(b) For purposes of paragraph (1) of subdivision (a), an
19amendment to or revision of the permit, other authorization, or
20reclamation plan described in that subdivision that authorizes a
21substantial deviation from the permit or authorization shall
22commence a new three-year period from the date of the amendment
23or revision with respect to the activity, operation, or facility, or
24appurtenances thereof that are the subject of the amendment or
25revision.
26(c) Subdivision (a) shall not apply if the surface mining activity,
27operation, or facility, or appurtenances thereof, obstruct the free
28passage or use, in the customary manner, of any navigable lake,
29river, bay, stream, canal,
or basin, or any public park, square, street,
30or highway.
31 (d) Subdivision (a) shall not invalidate any provision in the
32Health and Safety Code, Fish and Game Code, Food and
33Agricultural Code, or Division 7 (commencing with Section 13000)
34of the Water Code, if the mining activity, operation, or facility or
35appurtenances thereof, constitutes a nuisance, public or private,
36as specifically defined or described in any of those provisions.
37(e) This section shall prevail over any contrary provision of an
38ordinance or regulation of a city, county, city and county, or other
P3 1political subdivision of the state. However, nothing in this section
2shall preclude a city, county, city and county, or other political
3subdivision of this state, acting within its constitutional or statutory
4authority and not in conflict with other provisions of state law,
5from adopting an ordinance that allows a
notification to a
6prospective homeowner that the dwelling is proximate to a mining
7activity, operation, facility, or appurtenances thereof, and is subject
8to this section consistent with Section 1102.6a.
9(f) For purposes of this section, the term “surface mining
10activity, operation, or facility, or appurtenances thereof” shall
11include, but not be limited to, the excavation, extraction,
12stockpiling, or removal from land of ores and minerals, including
13sand, gravel, shells, or stone, or combinations thereof, used to
14produce a construction material or an industrial product or other
15commercial product from these ores and minerals, including the
16private ways, roads, and areas necessary to conduct that activity
17or operation, and the operation of any plant or mill for processing
18these ores and minerals, including crushers, sorters, equipment,
19machines, tools, or other materials and structures, whether present
20on or off the mine
site.
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