Amended in Senate April 11, 2013

Senate BillNo. 814


Introduced by Committee on Natural Resources and Water (Senators Pavley (Chair), Cannella, Evans, Fuller, Jackson, Lara, Monning, and Wolk)

February 26, 2013


An act to amendbegin insert Section 8405.2 of the Fish and Game Code, and to amendend insert Sections 607, 2774,begin delete andend delete 2790begin insert, and 30333end insert of the Public Resources Code, relating tobegin delete public resourcesend deletebegin insert administration of natural resourcesend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 814, as amended, Committee on Natural Resources and Water. Publicbegin delete resources: mining.end deletebegin insert resources: administration.end insert

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Existing law prohibits sea cucumbers from being taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit. Existing law authorizes a sea cucumber permit to be transferred if specified conditions are met, including requiring that an application for transfer be submitted to the Department of Fish and Wildlife and the payment of a transfer fee.

end insert
begin insert

This bill would authorize, upon the death of a sea cucumber permitholder, a sea cucumber permit to be transferred by the permitholder’s heirs, assignees, or estate to a qualified person as specified.

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Under existing law, the Department of Conservation is divided between various entities, including the Division of Oil, Gas, and Geothermal Resources and the Office of Mine Reclamation. The Surface Mining and Reclamation Act of 1975, administered by the department, prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a reclamation plan is submitted to and approved by the lead agency for the operation. The act requires every lead agency to adopt ordinances that establish procedures for the review and approval of reclamation plans, and, before approving a reclamation plan, to submit the plan to the Director of Conservation. The act also authorizes the State Mining and Geology Board to designate specific geographic areas of the state as areas of statewide or regional significance, as specified.

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Under existing law, the California Coastal Commission is authorized to amend or adopt rules and regulations related to duties of the commission in accordance with specified provisions of law.

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This bill would make technical, nonsubstantive changes to these Department of Conservationbegin insert and California Coastal Commissionend insert provisions.

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8405.2 of the end insertbegin insertFish and Game Codeend insertbegin insert is
2amended to read:end insert

3

8405.2.  

(a) A sea cucumber permit may be transferred by the
4permittee if the permittee has previously held a valid sea cucumber
5permit for any four permit years and landed at least 100 pounds
6of sea cucumbers in each of those permit years, as documented by
7landing receipts with the name of the permittee shown on the
8receipts.

9(b) A sea cucumber permit may be transferred only to a person
10who has a valid commercial fishing license issued pursuant to
11Section 7852, that has not been suspended or revoked. A sea
12cucumber permit shall not be transferred tobegin delete anyend deletebegin insert aend insert person who has
13had a sea cucumber permit suspended or revoked while the
14suspension or revocation is in effect.

15(c) An application for transfer shall be submitted to the
16department, withbegin delete suchend delete reasonable proof as the department may
17require to establish the qualifications of the permitholder and the
18person the permit is to be transferred to, accompanied by payment
19to the department of a nonrefundable transfer fee of two hundred
20dollars ($200). The transfer shall take effect on the date notice of
21approval of the application is given to the transferee by the
22department.

P3    1(d) A sea cucumber trawl permit may be transferred tobegin delete anyend deletebegin insert aend insert
2 qualified person as provided in subdivisions (b) and (c) to take sea
3cucumbers by diving or by use of trawl nets. A sea cucumber dive
4permit may be transferred tobegin delete anyend deletebegin insert aend insert qualified person as provided
5in subdivisions (b) and (c) only to take sea cucumbers by diving.
6The transferee shall specify the gear type, either trawl or dive, that
7the transferee intends to use to take sea cucumbers. The gear type
8of the sea cucumber permit, either trawl or dive, shall not be
9transferable.

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10(e) Upon the death of a sea cucumber permitholder, the
11deceased person’s sea cucumber dive or trawl permit may be
12transferred by his or her heirs, assignees, or estate to a qualified
13 person as provided in this section and upon payment of the fee
14described in subdivision (c).

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15

begin deleteSECTION 1.end delete
16begin insertSEC. 2.end insert  

Section 607 of the Public Resources Code is amended
17to read:

18

607.  

The work of the department shall be divided into at least
19the following:

20(a) California Geological Survey.

21(b) Division of Oil, Gas, and Geothermal Resources.

22(c) Division of Land Resource Protection.

23(d) Office of Mine Reclamation.

24

begin deleteSEC. 2.end delete
25begin insertSEC. 3.end insert  

Section 2774 of the Public Resources Code is amended
26to read:

27

2774.  

(a) Every lead agency shall adopt ordinances in
28accordance with state policy that establish procedures for the
29review and approval of reclamation plans and financial assurances
30and the issuance of a permit to conduct surface mining operations,
31except that any lead agency without an active surface mining
32operation in its jurisdiction may defer adopting an implementing
33ordinance until the filing of a permit application. The ordinances
34shall establish procedures requiring at least one public hearing and
35shall be periodically reviewed by the lead agency and revised, as
36necessary, to ensure that the ordinances continue to be in
37accordance with state policy.

38(b) The lead agency shall conduct an inspection of a surface
39mining operation within six months of receipt by the lead agency
40of the surface mining operation’s report submitted pursuant to
P4    1Section 2207, solely to determine whether the surface mining
2operation is in compliance with this chapter. In no event shall a
3lead agency inspect a surface mining operation less than once in
4any calendar year. The lead agency may cause an inspection to be
5conducted by a state licensed geologist, state licensed civil
6engineer, state licensed landscape architect, or state licensed
7forester, who is experienced in land reclamation and who has not
8been employed by a surface mining operation within the
9jurisdiction of the lead agency in any capacity during the previous
1012 months. All inspections shall be conducted using a form
11developed by the department and approved by the board that shall
12include the professional licensing and disciplinary information of
13the person who conducted the inspection. The operator shall be
14solely responsible for the reasonable cost of the inspection. The
15lead agency shall notify the director within 30 days of the date of
16completion of the inspection that the inspection has been
17conducted. The notice shall contain a statement regarding the
18surface mining operation’s compliance with this chapter, shall
19include a copy of the completed inspection form, and shall specify
20which aspects of the surface mining operations, if any, are
21inconsistent with this chapter. If the surface mining operation has
22a review of its reclamation plan, financial assurances, or an interim
23management plan pending under subdivision (b), (c), (d), or (h)
24of Section 2770, or an appeal pending before the board or lead
25agency governing body under subdivision (e) or (h) of Section
262770, the notice shall so indicate. The lead agency shall forward
27to the operator a copy of the notice, a copy of the completed
28inspection form, and any supporting documentation, including,
29but not limited to, any inspection report prepared by the geologist,
30civil engineer, landscape architect, or forester, who conducted the
31 inspection.

32(c) Before approving a surface mining operation’s reclamation
33plan, financial assurances, including existing financial assurances
34reviewed by the lead agency pursuant to subdivision (c) of Section
352770, or any amendments, the lead agency shall submit the plan,
36assurances, or amendments to the director for review. All
37documentation for that submission shall be submitted to the director
38at one time. When the lead agency submits a reclamation plan or
39plan amendments to the director for review, the lead agency shall
40also submit to the director, for use in reviewing the reclamation
P5    1plan or plan amendments, information from any related document
2prepared, adopted, or certified pursuant to Division 13
3(commencing with Section 21000), and shall submit any other
4pertinent information. The lead agency shall certify to the director
5that the reclamation plan is in compliance with the applicable
6requirements of this chapter and Article 1 (commencing with
7Section 3500) of Chapter 8 of Division 2 of Title 14 of the
8California Code of Regulations and the lead agency’s mining
9ordinance in effect at the time that the reclamation plan is submitted
10to the director for review.

11(d) (1) The director shall have 30 days from the date of receipt
12of a reclamation plan or plan amendments submitted pursuant to
13subdivision (c), and 45 days from the date of receipt of financial
14assurances submitted pursuant to subdivision (c), to prepare written
15comments, if the director so chooses. The lead agency shall
16evaluate written comments received from the director relating to
17the reclamation plan, plan amendments, or financial assurances
18within a reasonable amount of time.

19(2) The lead agency shall prepare a written response to the
20director’s comments describing the disposition of the major issues
21raised by the director’s comments, and submit the lead agency’s
22proposed response to the director at least 30 days prior to approval
23of the reclamation plan, plan amendment, or financial assurance.
24The lead agency’s response to the director’s comments shall
25describe whether the lead agency proposes to adopt the director’s
26comments to the reclamation plan, plan amendment, or financial
27assurance. If the lead agency does not propose to adopt the
28director’s comments, the lead agency shall specify, in detail, why
29the lead agency proposes not to adopt the comments. Copies of
30any written comments received and responses prepared by the lead
31agency shall be forwarded to the operator. The lead agency shall
32also give the director at least 30 days’ notice of the time, place,
33and date of the hearing before the lead agency at which time the
34reclamation plan, plan amendment, or financial assurance is
35scheduled to be approved by the lead agency. If no hearing is
36required by this chapter, or by the local ordinance, or other state
37law, then the lead agency shall provide 30 days’ notice to the
38director that it intends to approve the reclamation plan, plan
39amendment, or financial assurance. The lead agency shall send to
40the director its final response to the director’s comments within
P6    130 days following its approval of the reclamation plan, plan
2amendment, or financial assurance during which period the
3department retains all powers, duties, and authorities of this
4chapter.

5(3) To the extent that there is a conflict between the comments
6of a trustee agency or a responsible agency that are based on the
7agency’s statutory or regulatory authority and the comments of
8other commenting agencies which are received by the lead agency
9pursuant to Division 13 (commencing with Section 21000)
10regarding a reclamation plan or plan amendments, the lead agency
11shall consider only the comments of the trustee agency or
12responsible agency.

13(e) Lead agencies shall notify the director of the filing of an
14application for a permit to conduct surface mining operations
15within 30 days of an application being filed with the lead agency.
16By July 1, 1991, each lead agency shall submit to the director for
17every active or idle mining operation within its jurisdiction, a copy
18of the mining permit required pursuant to Section 2774, and any
19conditions or amendments to those permits. By July 1 of each
20subsequent year, the lead agency shall submit to the director for
21each active or idle mining operation a copy of any permit or
22reclamation plan amendments, as applicable, or a statement that
23there have been no changes during the previous year. Failure to
24file with the director the information required under this section
25shall be cause for action under Section 2774.4.

26

begin deleteSEC. 3.end delete
27begin insertSEC. 4.end insert  

Section 2790 of the Public Resources Code is amended
28to read:

29

2790.  

After receipt of mineral information from the State
30Geologist pursuant to subdivision (d) of Section 2761, the board
31may, by regulation adopted after a public hearing, designate
32specific geographic areas of the state as areas of statewide or
33regional significance and specify the boundaries of the geographic
34areas. The designation shall be included as a part of the state policy
35and shall indicate the reason for which the particular area
36designated is of significance to the state or region, the adverse
37effects that might result from premature development of
38incompatible land uses, the advantages that might be achieved
39from extraction of the minerals of the area, and the specific goals
P7    1and policies to protect against the premature incompatible
2development of the area.

3begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 30333 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
4amended to read:end insert

5

30333.  

begin insert(a)end insertbegin insertend insert Except as provided in Section 18930 of the Health
6and Safety Code, the commission may adopt or amend, by vote of
7a majority of the appointed membershipbegin delete thereofend deletebegin insert of the commissionend insert,
8rules and regulations to carry out the purposes and provisions of
9this division, and to govern procedures of the commission.

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10Except

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11begin insert(b)end insertbegin insertend insertbegin insertExcept end insertas provided in Section 18930 of the Health and
12Safety Code and paragraph (3) of subdivision (a) of Section 30620,
13these rules and regulations shall be adopted in accordance with
14the provisions of Chapterbegin delete 4.5 (commencing with Section 11371)end delete
15begin insert 3.5 (commencing with Section 11340)end insert of Part 1 of Division 3 of
16Title 2 of the Government Code. These rules and regulations shall
17be consistent with this division and other applicable law.



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