BILL ANALYSIS Ó
SB 447
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Date of Hearing: August 30, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 447 (Lara) - As Amended: August 26, 2013
Policy Committee: Natural
ResourcesVote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill allows, until January 1, 2019, a surface mining
operator, whose operations are not in compliance with its
approved reclamation plan, to continue to sell mining products
to a state or local agency if the operator stipulates to an
order to comply with the lead agency and/or the Department of
Conservation (DOC). This bill also requires the DOC to submit
a report to the Legislature on July 1, 2017 and July 1, 2018.
Specifically, this bill allows a surface mining operation to
continue to sell mining products, as specifie and remain on the
DOC approved list if it meets all of the following conditions:
1)The reclamation plan has been approved and is in compliance
with the Surface Mining and Reclamation Act (SMARA).
2)The surface mining operation is in compliance with either of
the following:
a) The approved reclamation plan.
b) An order to comply, which may be stipulated to by the
Department, lead agency, and the operator, for enforcement
actions initiated by the director of the Department.
c) An order to comply, which may be stipulated to by the
lead agency and the operator, with the notice of the
stipulation provided to the director of the Department, for
enforcement actions initiated by the lead agency.
3)The surface mining operation has approved financial assurance
SB 447
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in place that is adequate for reclamation pursuant to the
approved reclamation plan.
FISCAL EFFECT
Minor and absorbable costs for DOC to determine compliance and
report to the Legislature.
COMMENTS
1)Purpose. According to the author and the surface mining
industry, a mining operator may be taken off of the DOC
approved list for a SMARA violation even if it has entered
into an agreement to correct the violation and is complying
with the agreement.
2)Background. SMARA requires each mining operation to have a
mining permit or vested right to mine; a reclamation plan that
describes how the mine land will be reclaimed once mining
operations cease; and adequate financial assurances to
accomplish reclamation.
Lead agencies (mostly cities and counties) have primary
responsibility for administering SMARA. The Office of Mine
Reclamation, which is within the DOC, ensures that lead
agencies fulfill their SMARA responsibilities, often taking
its own enforcement actions. In addition, the State Mining
and Geology Board promulgates SMARA regulations and serves as
an appeals body.
3)AB 3098 List. AB 3098 (1992, Sher) established the AB 3098
List (approved list) which identifies each surface mining
operation regulated under SMARA that meets all of the required
conditions. A surface mining operation may remain on the AB
3098 List if it has a pending appeal with the Board regarding
the approval of the reclamation plan or financial assurances,
provided that the appeal has not been pending for more than
180 days.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081