BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 447|
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UNFINISHED BUSINESS
Bill No: SB 447
Author: Lara (D)
Amended: 8/26/13
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/23/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 34-0, 5/9/13
AYES: Anderson, Beall, Block, Calderon, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson,
Knight, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Roth,
Steinberg, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Berryhill, Lara, Pavley, Price, Vacancy,
Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Surface mining operations
SOURCE : California Construction and Industrial Material
Association
DIGEST : 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
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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.
Assembly Amendments (1) require the DOC to submit a report to
the Legislature on July 1, 2017 and July 1, 2018; (2) add a
January 1, 2019 sunset date; and (3) make other technical and
conforming changes.
ANALYSIS : Existing law prohibits, with certain exceptions,
under the Surface Mining and Reclamation Act of 1975 (SMARA), a
person from conducting a surface mining operation unless, among
other things, a reclamation plan has been submitted to and
approved by the lead agency, as defined, for the operation. For
purposes of compliance with specified provisions of the Public
Contract Code, the SMARA requires DOC to, at a minimum,
quarterly publish in the Regulatory Notice Register, or
otherwise make available, upon request, to the Department of
General Services or any other state or local agency, a list
identifying certain surface mining operations. Existing law
prohibits a state agency from acquiring or utilizing mined
material, or from contracting with a person utilizing these
materials, as specified, unless the material is produced from a
mining operation on that list that meets certain requirements.
This bill allows, until January 1, 2019, a surface mining
operation to continue to sell mining products, as specified, 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 DOC,
lead agency, and the operator, for enforcement actions
initiated by the director of the DOC.
C. An order to comply, which may be stipulated to by the
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lead agency and the operator, with the notice of the
stipulation provided to the director of the DOC, for
enforcement actions initiated by the lead agency.
1.The surface mining operation has approved financial assurance
in place that is adequate for reclamation pursuant to the
approved reclamation plan.
Background
Mine operators are eligible to sell materials such as sand and
gravel to the state if they are on the AB 3098 list. As
initially adopted, the basic requirements of the AB 3098 list
were that the operators have an approved reclamation plan and an
approved financial assurance agreement pursuant to the 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
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
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SUPPORT : (Verified 9/6/13)
California Construction and Industrial Materials Association
(source)
California State Association of Counties
CalPortland Company
Granite Rock Company
Syar Industries
Werner Corporation
ARGUMENTS IN SUPPORT : According to the author's office,
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 DOC 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.
RM:nl 9/6/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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