BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 447 HEARING DATE: April 23, 2013
AUTHOR: Lara URGENCY: No
VERSION: April 16, 2013 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Surface mining operations.
BACKGROUND AND EXISTING LAW
Mine operators are eligible to sell materials such as sand and
gravel to the state if they are on what is called the AB 3098
list, a reference to 1992 legislation by then-Assemblymember
Byron Sher that amended Public Resources Code section 2717. The
list is a quarterly document prepared by the Department of
Conservation. As initially adopted, the basic requirements of
the AB 3098 list were that the operator have an approved
reclamation plan and an approved financial assurance agreement
pursuant to the Surface Mining and Reclamation Act (SMARA), the
major statute that regulates surface mining in California. Since
that time, the requirements have been expanded and extended to
local governments.
Currently, in order for a mining operation to be placed on the
AB 3098 list, the operator must have: an approved reclamation
plan and financial assurances, filed an annual report, paid its
reporting fee, and had its annual inspection by the lead agency
that reflects that the operation is in full compliance with the
law.
Operators with appeals pending before the State Mining and
Geology Board for less than 180 days remain eligible to be on
the AB 3098 list.
Public Contract Code section 10295.5 requires that no state
agency shall acquire or use minerals from mines unless the
operation is identified on AB 3098 list.
Public Contract Code section 20676 prohibits mine operators from
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selling material to local agencies without first certifying that
the minerals are from a mining operation identified on the AB
3098 list.
In most instances under the state mining law, the county
government is the lead agency for purposes of approving the
mining operation. There are rare occasions when the state is the
lead agency.
PROPOSED LAW
SB 447 would allow mine operators who are not in compliance with
the state mining laws to remain on the AB 3098 list if they have
entered into an order to comply with the lead agency or the
department to correct any violations that may have occurred
during an operation.
There are two paths for orders to comply to be completed. When
enforcement actions are initiated by the director, and agreement
has been reached by all the parties, an order to comply could be
stipulated to by the department, the lead agency, and the
operator.
For enforcement actions initiated by the lead agency, and an
agreement has been reached between the lead agency and the
operator, an order to comply could be stipulated to by the lead
agency and the operator with notice of such stipulation provided
to the department.
The bill also would make technical changes to existing law
regarding reports the department provides the Legislature.
ARGUMENTS IN SUPPORT
According to the author, existing law is not clear on the
question of whether an operator can remain on the AB 3098 list
if the operator has entered into an agreement with the lead
agency or the department to correct any violation that may have
occurred during a mining operation. The author's belief is that
this proposed provision could help small- and medium-sized
businesses remain in business.
As sponsor, California Construction and Industrial Materials
Association and two member companies, Vulcan Materials and West
Coast Aggregates, are in support. These entities point to the
hardship of being removed from the AB 3098 list when compliance
issues may occur even after an operator's best efforts. They
argue that remaining on the AB 3098 list and achieving
compliance with an order or stipulated order is an incentive
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that most operators will not forego.
ARGUMENTS IN OPPOSITION
None received.
SUPPORT
California Construction and Industrial Material Association
Vulcan Materials, West Region
West Coast Aggregates
OPPOSITION
None Received
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