BILL NUMBER: AB 1161	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 22, 2013

   An act to add Section 3482.7 to the Civil Code, relating to
nuisance.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 3482.7 is added to the Civil Code, to read:
   3482.7.  (a) No surface mining activity, operation, or facility,
or appurtenances thereof, shall become a nuisance, private or public,
due to a changed condition in or about the locality, if both of the
following conditions are met:
   (1) The surface mining activity, operation, or facility, or
appurtenances thereof, is conducted or maintained for commercial
purposes by means of a quarry or pit for more than three years from
both the issuance of an active, valid surface mining permit,
conditional use permit, or other land use authorization and an
active, valid reclamation plan approved pursuant to the Surface
Mining and Reclamation Act of 1975 (Chapter 9 (commencing with
Section 2710) of Division 2 of the Public Resources Code).
   (2) The surface mining activity, operation, or facility, or
appurtenances thereof, described in paragraph (1) was not a nuisance
at the time it began.
   (b) For purposes of paragraph (1) of subdivision (a), an amendment
to or revision of the permit, other authorization, or reclamation
plan described in that subdivision that authorizes a substantial
deviation from the permit or authorization shall commence a new
three-year period from the date of the amendment or revision with
respect to the activity, operation, or facility, or appurtenances
thereof that are the subject of the amendment or revision.
   (c) Subdivision (a) shall not apply if the surface mining
activity, operation, or facility, or appurtenances thereof, obstruct
the free passage or use, in the customary manner, of any navigable
lake, river, bay, stream, canal, or basin, or any public park,
square, street, or highway.
    (d) Subdivision (a) shall not invalidate any provision in the
Health and Safety Code, Fish and Game Code, Food and Agricultural
Code, or Division 7 (commencing with Section 13000) of the Water
Code, if the mining activity, operation, or facility or appurtenances
thereof, constitutes a nuisance, public or private, as specifically
defined or described in any of those provisions.
   (e) This section shall prevail over any contrary provision of an
ordinance or regulation of a city, county, city and county, or other
political subdivision of the state. However, nothing in this section
shall preclude a city, county, city and county, or other political
subdivision of this state, acting within its constitutional or
statutory authority and not in conflict with other provisions of
state law, from adopting an ordinance that allows a notification to a
prospective homeowner that the dwelling is proximate to a mining
activity, operation, facility, or appurtenances thereof, and is
subject to this section consistent with Section 1102.6a.
   (f) For purposes of this section, the term "surface mining
activity, operation, or facility, or appurtenances thereof" shall
include, but not be limited to, the excavation, extraction,
stockpiling, or removal from land of ores and minerals, including
sand, gravel, shells, or stone, or combinations thereof, used to
produce a construction material or an industrial product or other
commercial product from these ores and minerals, including the
private ways, roads, and areas necessary to conduct that activity or
operation, and the operation of any plant or mill for processing
these ores and minerals, including crushers, sorters, equipment,
machines, tools, or other materials and structures, whether present
on or off the mine site.