Amended in Senate June 11, 2014

Amended in Senate May 7, 2014

Amended in Senate April 22, 2014

Senate BillNo. 1270


Introduced by Senator Pavley

February 21, 2014


An act to amend Sections 607, 677, 2006, 2207, 2208, 2209, 2210, 2732.5, 2733, 2770,begin insert 2770.6,end insert 2772, 2773.1, 2774, 2774.1, 2774.3, and 2774.4 of, and to add Section 2006.5 to, the Public Resources Code, relating to mining.

LEGISLATIVE COUNSEL’S DIGEST

SB 1270, as amended, Pavley. Surface mining operations.

(1) Under existing law, the Department of Conservation, under the supervision of the Director of Conservation, is comprised of various entities, including the State Mining and Geology Board, and the work of the department is divided into divisions including the California Geological Survey and the Office of Mine Reclamation. Existing law requires the board to nominate, and the director to appoint, the State Geologist to advise the director regarding technical, scientific, and engineering issues, including the scientific quality of the products and activities of the California Geological Survey, and requires the State Geologist to meet specific qualifications.

This bill would require the board to nominate at least 2 individuals for appointment as the State Geologist and would make the State Geologist responsible for the management of the California Geological Survey. The bill would also designate the Office of Mine Reclamation as the Division of Mines, would requirebegin insert the board to nominate at least 2 individuals to serve as, andend insert the director to appoint abegin insert,end insert State Mine Inspector to be responsible for the management of the Division of Mines, and would prescribe the specific qualifications for that person.

(2) Existing law requires the ownerbegin delete ofend deletebegin insert orend insert operator of a mining operation to forward annually to the director and the lead agency a report that provides specified information with respect to the mining operation.

This bill would require, among other changes, that the report be submitted to the State Mine Inspector and the lead agency. The bill would additionally require the State Mine Inspector to submit to the board and the director an annual report relating to abandoned mines, as provided.

(3) The Surface Mining and Reclamation Act of 1975, administered by the board, prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a permit, as defined, is obtained from, a reclamation plan, as specified, is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation. Existing law provides an appeals process for decisions of the lead agency in approval or denial of approval of a reclamation plan.

This bill wouldbegin delete insteadend deletebegin insert prohibit a person from conducting surface mining operations, unless, in addition to the above, any required amendments to the reclamation plan are approved, and financial assurances are approved and adjusted annually, as provided. The bill wouldend insert make the lead agency or, in certain circumstances, the State Mine Inspector responsible for reviewing and approving financial assurances in surface mining operations and would require the lead agency or the State Mine Inspector to take specified actions in seeking forfeiture of those financial assurances. The bill would also provide an appeals process for the State Mine Inspector’s approval or denial of approval of financial assurances. The bill would require a portion of the reclamation plan to be certified by a registered professional geologist, geophysicist, or civil engineer and to include a schedule with time limits for completing reclamation, as specified. The bill would require the lead agency or the State Mine Inspector to determine a time period for reclamation to be complete in certain circumstances. By imposing additional duties on lead agencies, this bill would impose a state-mandated local program. For purposes of the act, the bill would also revise the definition of permit.

(4) Existing law requires the lead agency to conduct an inspection of a surface mining operation within 6 months of receipt by the lead agency of the annual report described in paragraph (2) above. Under existing law, if the lead agency or the director determines that a surface mining operation is not in compliance, the lead agency or director is required to notify the operator of that violation.

This bill would also require the State Mine Inspector, in certain circumstances, to conduct an inspection of those operations within 6 months of receipt of the report by the State Mine Inspector and to provide notice of the inspection to the lead agency. The bill would require the notice of violation to include, among other things, specific remedial steps to be taken to correct the noncompliance and also information on the time to comply.begin insert The bill would require the State Mine Inspector, on and after January 1, 2018, and on an ongoing basis after that date, to offer continuing education opportunities to lead agency employees that qualifies those employees to be credentialed to inspect mines.end insert

(5) Existing law requires the board to assume the powers and duties under the act of the lead agency if, following a public hearing, as prescribed, the board finds deficiencies in the lead agency’s implementation and enforcement of the act.

This bill would require the board, in those circumstances, to assign those powers and duties to the State Mine Inspector. The bill would also authorize a lead agency to unilaterally and voluntarily relinquish its responsibilities under the act and would require the State Mine Inspector to assume those responsibilities. The bill would authorize the lead agency to resume its relinquished role if certain requirements are met.

(6) Existing law requires the board to adopt a schedule of fees to cover the department’s costs of carrying out specified provisions and to impose an annual reporting fee on each mining operation, not to exceed $4,000 annually for any single mining operation and not to be less than $100. Existing law requires the board to adjust the fees if the director determines the resources collected were greater to or less than the department’s costs.

This bill would require that an annual reporting fee, which would also be required to cover the board’s costs, as provided, on each mining operation not be less than $1,000 or more than an unspecified amount and would require the fee to be based on a cost per acre as determined by the board. The bill would require the board to adjust the fees if the State Mine Inspector determines the revenues collected were greater to or less than the department’s costs.

(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P4    1

SECTION 1.  

The Legislature finds and declares the following:

2(a) Since its passage, the implementation of the Surface Mining
3and Reclamation Act of 1975begin insert (Chapter 9 (commencing with Section
42710) of Division 2 of the Public Resources Code)end insert
has depended
5on coordinated administrative efforts by local governments, the
6Department of Conservation, and the State Mining and Geology
7Board. Two of the major goals of the act are to encourage
8production and conservation of minerals in California, and to
9 ensure reclamation of mined lands.

10(b) The essential components of the act for each of the more
11thanbegin delete 2,000end deletebegin insert approximately 1,150 activeend insert mines in California are
12annual inspections, reclamation plans for mines that have ceased
13production, and a financial surety mechanism to pay for
14reclamation in the event the operator is unable or fails to do so.

15(c) It is the intent of the Legislature that siting decisions for
16mines and the approval of reclamation plans for those mines remain
17with local governments.

18(d) The act provides for approval procedures for financial
19assurances and reclamation plans that depend on active inspections,
20remediation of compliance shortfalls, and appropriate updates to
21financial assurance commitments. Based on a review of official
22state data, industry and government analysts agree that the goals
23of the act are not being achieved because of multiple failures in
24the internal processes of this important legislation.begin delete As examples:end delete

begin delete

25(1) Twenty-five percent of mines that have closed have not
26begun reclamation. This includes about 100 mines in the state.

end delete
begin delete

27(2) Inspection rates by counties who serve as lead agencies
28under the act, over a multiyear period, range from 66 percent to
P5    174 percent, inclusive, but 12 counties have inspection rates below
250 percent.

end delete
begin delete

3(3) Data on inspections by cities that serve as lead agencies
4under the act, over the same multiyear period, indicate that 22
5cities have inspected all of their mines annually, 25 cities have an
6inspection rate below 50 percent, and 14 cities have never inspected
7a mine.

end delete
begin delete

8(4) Financial assurance documents that ensure the ability to pay
9for mine reclamation are not routinely updated. The adjustment
10rate for counties is about 27 percent, based on official data, and
11about 20 percent for cities.

end delete
begin insert

12(e) Data from the Department of Conservation and the State
13Mining and Geology Board confirms that the implementation of
14the Surface Mining and Reclamation Act of 1975 by both state and
15local agencies has been erratic and that numerous mines are not
16inspected annually, have not been directed to upgrade their
17financial assurances, or begun reclamation, all of which are
18required by existing law.

end insert
begin delete

19(e)

end delete

20begin insert(f)end insert It is the intent of the Legislature to retain the existing
21structure of the act while improving the statutory relationships
22between state and local government entities by strengthening the
23interconnections between inspections, financial assurances, and
24reclamation plans, in order to ensure improved compliance with
25the provisions of this important law.

26

SEC. 2.  

Section 607 of the Public Resources Code is amended
27to read:

28

607.  

The work of the department shall be divided into at least
29the following:

30(a) California Geological Survey.

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

32(c) Division of Land Resource Protection.

33(d) Division of Mines.

34

SEC. 3.  

Section 677 of the Public Resources Code is amended
35to read:

36

677.  

(a) The board shall nominate at least two individuals to
37serve as State Geologist. The director shall appoint the State
38Geologist, who shall be responsible for the management of the
39California Geological Survey. The State Geologist shall either be
40registered in compliance with the Geologist and Geophysicist Act
P6    1(Chapter 12.5 (commencing with Section 7800) of Division 3 of
2the Business and Professions Code) at least one year from the date
3of appointment, or the Board for Professional Engineers, Land
4Surveyors, and Geologists may, upon the review of academic and
5professional experience, grant registration. The State Geologist
6shall possess general knowledge of mineral resources, structural
7geology, seismology, engineering geology, and related disciplines
8in science and engineering, and the reclamation of mined lands
9and waters. The State Geologist shall advise the director regarding
10technical, scientific, and engineering issues, including the scientific
11quality of the products and activities of the California Geological
12Survey.

13(b) begin deleteA State Mine Inspector shall be appointed by the director
14and shall be responsible for the management of the Division of
15Mines. end delete
begin insertThe board shall nominate at least two individuals to serve
16as the State Mine Inspector. The director shall appoint the State
17Mine Inspector who shall be responsible for the management of
18the Division of Mines. end insert
The State Mine Inspector shall either be
19registered in compliance with the Geologist and Geophysicist Act
20(Chapter 12.5 (commencing with Section 7800) of Division 3 of
21the Business and Professions Code) or the Professional Engineers
22Act (Chapter 7 (commencing with Section 6700) of Division 3 of
23the Business and Professions Code) at least one year from the date
24of appointment, or the Board for Professional Engineers, Land
25Surveyors, and Geologists may, upon the review of academic and
26professional experience, grant registration. The State Mine
27Inspector shall possess general knowledge of mining, mineral
28resources, structural geology, seismology, engineering geology,
29and related disciplines in science and engineering, and the
30reclamation of mined lands and waters. The State Mine Inspector
31 shall advise the director regarding technical, scientific, and
32engineering issues, including the scientific quality of the products
33and activities of the Division of Mines.

34

SEC. 4.  

Section 2006 of the Public Resources Code is amended
35to read:

36

2006.  

“State Geologist” means the individual holding the office
37created by subdivision (a) of Section 677.

38

SEC. 5.  

Section 2006.5 is added to the Public Resources Code,
39to read:

P7    1

2006.5.  

“State Mine Inspector” means the individual holding
2the office created by subdivision (b) of Section 677.

3

SEC. 6.  

Section 2207 of the Public Resources Code is amended
4to read:

5

2207.  

(a) The owner or the operator of a mining operation
6within the state shall forward to the State Mine Inspector annually,
7not later than a date established by the State Mine Inspector, upon
8forms approved by the board from time to time, a report that
9identifies all of the following:

10(1) The name, address, and telephone number of the person,
11company, or other owner of the mining operation.

12(2) The name, address, and telephone number of a designated
13agent who resides in this state, and who will receive and accept
14service of all orders, notices, and processes of the lead agency,
15board, State Mine Inspector, or court.

16(3) The location of the mining operation, its name, its mine
17number as issued by the State Mine Inspector, its section, township,
18range, latitude, longitude, and approximate boundaries of the
19mining operation marked on a United States Geological Survey
20712-minute or 15-minute quadrangle map.

21(4) The lead agency.

22(5) The approval date of the mining operation’s reclamation
23plan.

24(6) The mining operation’s status as active, idle, reclaimed, or
25in the process of being reclaimed.

26(7) The commodities produced by the mine and the type of
27mining operation.

28(8) Proof of annual inspection. All annual inspections conducted
29on or after July 1, 2015, shall be certified by a registered
30professional geologist, geophysicist, or civil engineer who either
31works for the local lead agency or the division or, if not employed
32by the local lead agency, has not worked for a mining operation
33in the jurisdiction of the local agency for at least one year.begin insert Annual
34inspections may also be conducted by other employees of the lead
35agency who are credentialed in mine inspections by the State Mine
36Inspector, pursuant to paragraph (2) of subdivision (b) of Section
372774, if every fifth year the inspections are conducted by a
38registered professional geologist, geophysicist, or civil engineer
39as described in this paragraph.end insert

40(9) Proof of financial assurances.

P8    1(10) Ownership of the property, including government agencies,
2if applicable, by the assessor’s parcel number, and total assessed
3value of the mining operation.

4(11) The approximate permitted size of the mining operation
5subject to Chapter 9 (commencing with Section 2710), in acres.

6(12) The approximate total acreage of land newly disturbed by
7the mining operation during the previous calendar year.

8(13) The approximate total of disturbed acreage reclaimed during
9the previous calendar year.

10(14) The approximate total unreclaimed disturbed acreage
11remaining as of the end of the calendar year.

12(15) The total production for each mineral commodity produced
13during the previous year.

14(16) A copy of any approved reclamation plan and any
15amendments or conditions of approval to any existing reclamation
16plan approved by the lead agency.

17(b) (1) Every year, not later than the date established by the
18State Mine Inspector, the person submitting the report pursuant to
19subdivision (a) shall forward to the lead agency, upon forms
20furnished by the board, a report that provides all of the information
21specified in subdivision (a).

22(2) The owner or operator of a mining operation shall allow
23access to the property to any governmental agency or the agent of
24any company providing financial assurances in connection with
25the reclamation plan, in order that the reclamation can be carried
26out by the entity or company, in accordance with the provisions
27of the reclamation plan.

28(c) Subsequent reports shall include only changes in the
29information submitted for the items described in subdivision (a),
30except that, instead of the approved reclamation plan, the reports
31shall include any reclamation plan amendments approved during
32the previous year. The reports shall state whether review of a
33reclamation plan, financial assurances, or an interim management
34plan is pending under subdivision (b), (c), (d), or (h) of Section
352770, or whether an appeal before the board or lead agency
36governing body is pending under subdivision (e) or (h) of Section
372770. The State Mine Inspector shall notify the person submitting
38the report and the owner’s designated agent in writing that the
39report and the fee required pursuant to subdivision (d) have been
40received, specify the mining operation’s mine number if one has
P9    1not been issued by the State Mine Inspector, and notify the person
2and agent of any deficiencies in the report within 90 days of receipt.
3That person or agent shall have 30 days from receipt of the
4notification to correct the noted deficiencies and forward the
5revised reports to the State Mine Inspector and the lead agency.
6Any person who fails to comply with this section, or knowingly
7provides incorrect or false information in reports required by this
8section, may be subject to an administrative penalty as provided
9in subdivision (c) of Section 2774.1.

10(d) (1) The board shall impose, by regulation, pursuant to
11paragraph (2), an annual reporting fee on, and method for collecting
12annual fees from, each active or idle mining operation. The
13minimum fee for any single mining operation may not be less than
14one thousand dollars ($1,000) annually, as adjusted for the cost of
15living as measured by the California Consumer Price Index for
16All Urban Consumers, calendar year averages, using the percentage
17change in the previous year, beginning with the 2014-15 fiscal
18year and annually thereafter.

19(2) (A) The board shall adopt, by regulation, a schedule of fees
20authorized under paragraph (1) to cover the department’s and
21board’s costs in carrying out this section and Chapter 9
22(commencing with Section 2710), as reflected in the Governor’s
23Budget, and may adopt those regulations as emergency regulations.
24The board’s costs shall be reflected separately in a format approved
25by the Department of Finance and shall be displayed in the annual
26budget proposed by the Governor. In establishing the schedule of
27fees to be paid by each active and idle mining operation, the board
28shall consider and establish a cost per acre on an equitable basis
29reflecting the size and type of operation, the acreage disturbed and
30undisturbed by mining activities, the acreage subject to the
31reclamation plan, and other factors addressed by the approved
32reclamation plan. The fee for each active and idle mining operation
33shall not exceed ____ dollars ($____).

34(B) Regulations adopted pursuant to this subdivision shall be
35adopted by the board in accordance with Chapter 3.5 (commencing
36with Section 11340) of Part 1 of Division 3 of Title 2 of the
37Government Code. The adoption of any emergency regulations
38pursuant to this subdivision shall be considered necessary to
39address an emergency and shall be considered by the Office of
P10   1Administrative Law to be necessary for the immediate preservation
2of the public peace, health, safety, and general welfare.

3(3) The total revenue generated by the reporting fees may not
4exceed, and may be less than, the amount ofbegin delete ____end deletebegin insert five million five
5hundred thousandend insert
dollarsbegin delete ($____)end deletebegin insert end insertbegin insert ($5,500,000)end insert, as adjusted for
6the cost of living as measured by the California Consumer Price
7Index for All Urban Consumers, calendar year averages, using the
8percentage change in the previous year, beginning with the
92005-06 fiscal year and annually thereafter and shall be based on
10a cost per acre, subject to the approved reclamation plan, as
11determined by the board pursuant to paragraph (2). If the State
12Mine Inspector determines that the revenue collected during the
13preceding fiscal year was greater or less than the cost to operate
14the program, the board shall adjust the fees to compensate for the
15overcollection or undercollection of revenues.

16(4) (A) begin insert(i)end insertbegin insertend insert The reporting fees established pursuant to this
17subdivision shall be deposited in the Mine Reclamation Account,
18which is hereby created. Any fees, penalties, interest, fines, or
19charges collected by the State Mine Inspector or board pursuant
20to this chapter or Chapter 9 (commencing with Section 2710) shall
21be deposited in the Mine Reclamation Account. The moneys in
22the account shall be available to the department and board, upon
23appropriation by the Legislature, for the purpose of carrying out
24this section and complying with Chapter 9 (commencing with
25Section 2710), which includes, but is not limited to, classification
26and designation of areas with mineral resources of statewide or
27regional significance, reclamation plan and financial assurance
28review, mine inspection, and enforcement.

begin insert

29(ii) Notwithstanding paragraph (2), fees paid by an active or
30idle mining operation in the 2015-16 and 2016-17 fiscal years
31shall be no more than 15 percent greater than the fee paid in the
322014-15 fiscal year for that mine. The board shall provide a
33detailed report to the joint Legislature Budget Committee on or
34before January 1, 2016, on the revenues and expenses of the Mine
35Reclamation Account prior to adjusting any fees paid by mining
36operators pursuant to paragraph (3). The report shall also identify
37the minimum revenue requirements of the board and the division
38to implement this article, including Section 2207. The report
39require pursuant to this clause shall be submitted in compliance
40with Section 9795 of the Government Code and the reporting
P11   1requirement shall be inoperative on January 1, 2020, pursuant to
2Section 10231.5 of the Government Code.

end insert

3(B) On or before January 1, 2018, and each year thereafter, the
4State Mine Inspector shall submit to the board and the director a
5report on the activities of the Abandoned Mines Land Unit. This
6report shall include, but is not limited to, all of the following:

7(i) The number and location of known abandoned mines
8identified along with any associated features and supporting
9documentation.

10(ii) Type of mine site and minerals or materials mined.

11(iii) Summary of assessment and overall mitigation activities
12and mitigation activities per site performed to date.

13(iv) Prioritized assessment of sites that present an imminent
14danger to public health, safety, and welfare, and to the environment.

15(v) Available funding and efforts to obtain funding to mitigate
16high-risk sites.

17(vi) Planned activities forbegin insert theend insert upcoming year.

18(C) (i) In addition to reporting fees, the board shall collect five
19dollars ($5) per ounce of gold and ten cents ($0.10) per ounce of
20silver mined within the state and shall deposit the fees collected
21in the Abandoned Mine Reclamation and Minerals Fund
22Subaccount, which is hereby created in the Mine Reclamation
23Account. The department may expend the moneys in the
24subaccount, upon appropriation by the Legislature, for only the
25purposes of Section 2796.5 and as authorized herein for the
26remediation of abandoned mines.

27(ii) Notwithstanding subdivision (j) of Section 2796.5, fees
28collected pursuant to clause (i) may also be used to remediate
29features of historic abandoned mines and lands that they impact.
30For the purposes of this section, historic abandoned mines are
31mines for which operations have been conducted before January
321, 1976, and include, but are not limited to, historic gold and silver
33mines.

34(5) In case of late payment of the reporting fee, a penalty of not
35less than one hundred dollars ($100) or 10 percent of the amount
36due, whichever is greater, plus interest at the rate of 112 percent
37per month, computed from the delinquent date of the assessment
38until and including the date of payment, shall be assessed. New
39mining operations that have not submitted a report shall submit a
40report prior to commencement of operations. The new operation
P12   1shall submit its fee according to the reasonable fee schedule
2adopted by the board, and the month that the report is received
3shall become that operation’s anniversary month.

4(e) The lead agency, or the board or State Mine Inspector when
5acting as the lead agency pursuant to Section 2774.4, may impose
6a fee upon each mining operation to cover the reasonable costs
7incurred in implementing this chapter and Chapter 9 (commencing
8with Section 2710).

9(f) For purposes of this section, “mining operation” means a
10mining operation of any kind or character whatsoever in this state,
11including, but not limited to, a mining operation that is classified
12as a “surface mining operation” as defined in Section 2735, unless
13excepted by Section 2714. For the purposes of fee collections only,
14“mining operation” may include one or more mines operated by
15a single operator or mining company on one or more sites, if the
16total annual combined mineral production for all sites is less than
17100 troy ounces for precious metals, if precious metals are the
18primary mineral commodity produced, or less than 100,000 short
19tons if the primary mineral commodity produced is not precious
20metals.

21(g) Any information in reports submitted pursuant to subdivision
22(a) that includes or otherwise indicates the total mineral production,
23reserves, or rate of depletion of any mining operation may not be
24disclosed to any member of the public, as defined in subdivision
25(b) of Section 6252 of the Government Code. Other portions of
26the reports are public records unless excepted by statute. Statistical
27bulletins based on these reports and published under Section 2205
28shall be compiled to show, for the state as a whole and separately
29for each lead agency, the total of each mineral produced therein.
30In order not to disclose the production, reserves, or rate of depletion
31from any identifiable mining operation, no production figure shall
32be published or otherwise disclosed unless that figure is the
33aggregated production of not less than three mining operations. If
34the production figure for any lead agency would disclose the
35 production, reserves, or rate of depletion of less than three mining
36operations or otherwise permit the reasonable inference of the
37production, reserves, or rate of depletion of any identifiable mining
38operation, that figure shall be combined with the same figure of
39not less than two other lead agencies without regard to the location
P13   1of the lead agencies. The bulletin shall be published annually by
2June 30 or as soon thereafter as practicable.

3(h) The approval of a form by the board pursuant to this section
4is not the adoption of a regulation for purposes of Chapter 3.5
5(commencing with Section 11340) of Part 1 of Division 3 of Title
62 of the Government Code and is not subject to that chapter.

7

SEC. 7.  

Section 2208 of the Public Resources Code is amended
8to read:

9

2208.  

The State Mine Inspector, State Geologist, director, or
10a qualified assistant may at any time enter or examine any and all
11mines, quarries, wells, mills, reduction works, refining works, and
12other mineral properties or working plants in this state in order to
13gather data to comply with the provisions of this chapter.

14

SEC. 8.  

Section 2209 of the Public Resources Code is amended
15to read:

16

2209.  

The director or the State Geologist may fix a price upon
17and dispose of to the public all publications of the division,
18including reports, bulletins, maps, registers, or other publications.
19The price shall approximate the cost of publication and distribution.
20The director or the State Geologist may also furnish the
21publications of the division to public libraries without cost and
22may exchange publications with geological surveys, scientific
23societies, and other like bodies.

24

SEC. 9.  

Section 2210 of the Public Resources Code is amended
25to read:

26

2210.  

All money received by the division and the State
27Geologist from sales of publications issued by the division shall
28be deposited at least once each month in the State Treasury to the
29credit of the General Fund.

30

SEC. 10.  

Section 2732.5 of the Public Resources Code is
31amended to read:

32

2732.5.  

“Permit” means a land use authorization from, or
33approval by, a lead agency, the absence of which would preclude
34surface mining operations.

35

SEC. 11.  

Section 2733 of the Public Resources Code is
36amended to read:

37

2733.  

“Reclamation” means the combined process of land
38treatment that minimizes water degradation, air pollution, damage
39to aquatic or wildlife habitat, flooding, erosion, and other adverse
40effects from surface mining operations, including adverse surface
P14   1effects incidental to underground mines, so that mined lands are
2reclaimed, to a usable condition that is readily adaptable for
3alternate land uses, and create no danger to public health or safety.
4The process may extend to affected lands surrounding mined lands;
5may require backfilling, grading, resoiling, revegetation, soil
6compaction, stabilization, or other measures; and shall be certified
7by a registered professional geologist, geophysicist, or civil
8engineer.

9

SEC. 12.  

Section 2770 of the Public Resources Code is
10amended to read:

11

2770.  

(a) Except as provided in this section, a person shall not
12conduct surface mining operations unless a permit isbegin delete obtained
13from,end delete
begin insert obtained,end insert a reclamation planbegin insert, including any required
14amendments,end insert
begin delete has been submitted to and approved by,end deletebegin insert have been
15approved,end insert
and financial assurances for reclamation have been
16begin delete approved by,end deletebegin insert approved and adjusted annually in compliance with
17paragraph (3) of subdivision (a) of Section 2773.1, byend insert
the lead
18agency for thebegin delete operation pursuant to this article.end deletebegin insert operation.end insert Where
19the State Mine Inspector has assumed the lead agency’s authority
20pursuant to Section 2774.4,begin insert a person shall not conductend insert surface
21mining operationsbegin delete shall not be conductedend deletebegin insert in that jurisdictionend insert unless,
22in addition to having a permit approved by the lead agency, the
23person has abegin delete currentend delete reclamation planbegin insert, including any required
24amendments, approved by the State Mine Inspector,end insert
and financial
25assurances for reclamationbegin delete approvedend deletebegin insert have been approved and
26adjusted annually in compliance with paragraph (3) of subdivision
27(a) of Section 2773.1end insert
by the State Mine Inspector.

28(b) A person with an existing surface mining operation who has
29vested rights pursuant to Section 2776 and who does not have an
30approved reclamation plan shall submit a reclamation plan to the
31lead agency not later than March 31, 1988. If a reclamation plan
32application is not on file by March 31, 1988, the continuation of
33the surface mining operation is prohibited until a reclamation plan
34is submitted to the lead agency. For purposes of this subdivision,
35a reclamation plan may consist of all or the appropriate sections
36of any plans or written agreements previously approved by the
37lead agency or another agency, together with any additional
38documents needed to substantially meet the requirements of
39Sections 2772 and 2773 and the lead agency surface mining
40ordinance adopted pursuant to subdivision (a) of Section 2774,
P15   1provided that all documents which together were proposed to serve
2as the reclamation plan are submitted for approval to the lead
3agency in accordance with this chapter.

4(c) The lead agency shall administratively review, at least
5annually, and make any changes, to ensure financial assurances
6for all surface mining operations within its jurisdiction are in
7accordance with subdivision (d). If the State Mine Inspector has
8assumed the lead agency’s authority pursuant to Section 2774.4,
9a person operating a surface mining operation within the lead
10agency’s jurisdiction shall submit financial assurances for
11reclamation to the State Mine Inspector within 60 days after the
12State Mine Inspector’s assumption for review and approval in
13accordance with subdivision (d). The State Mine Inspector shall
14administratively review, at least annually, and make any changes,
15to ensure financial assurances for all mining operations for which
16the State Mine Inspector has authority pursuant to Section 2774.4
17are in accordance with subdivision (d). The review of existing
18financial assurances shall not be considered a project for purposes
19of Division 13 (commencing with Section 21000).

20(d) The review of a reclamation plan submitted pursuant to
21subdivision (b) or the review of financial assurances pursuant to
22subdivision (c) is limited to whether the plan or the financial
23assurances substantially meet the applicable requirements of
24Sections 2772, 2773, and 2773.1, and the lead agency surface
25mining ordinance adopted pursuant to subdivision (a) of Section
262774, but, in any event, the lead agency or the State Mine Inspector,
27as the case may be, shall require that financial assurances for
28reclamation be sufficient to perform reclamation of lands remaining
29disturbed. For purposes of this chapter, reclamation plans or
30financial assurances determined to substantially meet these
31requirements shall be approved. Reclamation plans or financial
32assurances determined not to substantially meet these requirements
33shall be returned to the operator within 60 days. The operator shall
34have 60 days to revise the plan or financial assurances to address
35identified deficiencies, at which time the revised plan or financial
36assurances shall be returned to the lead agency, or the State Mine
37Inspector, as the case may be, for review and approval, or the
38revised reclamation plan shall be returned to thebegin delete directorend deletebegin insert State
39Mine Inspectorend insert
for review and approval. Except as specified in
40subdivision (e) or (i), the continuation of the surface mining
P16   1operation is prohibited until a reclamation plan and financial
2assurances for reclamation are approved.

3(e) (1) A person who, based on the evidence of the record,
4claims that a lead agency has (A) failed to act according to due
5process or has relied on considerations not related to the specific
6applicable requirements of Sections 2772, 2773, and 2773.1, and
7the lead agency surface mining ordinance adopted pursuant to
8subdivision (a) of Section 2774, in reaching a decision tobegin delete approve
9orend delete
deny approval of a reclamation plan, (B) failed to act within a
10reasonable time of receipt of a completed application, or (C) failed
11to review and approve reclamation plans as required by
12subdivisions (c) and (d), may appeal that action or inaction to the
13board.

14(2) A person who, based on the evidence of the record, claims
15that the State Mine Inspector has either (A) failed to act according
16to due process or has relied on considerations not related to the
17specific applicable requirements of Sections 2772, 2773, and
182773.1, in reaching a decision to approve or deny approval of
19financial assurances, or (B) failed to review and approve financial
20assurances as required by subdivisions (c) and (d), may appeal that
21action or inaction to the board.

22(f) The board may decline to hear an appeal if it determines that
23the appeal raises no substantial issues related to the lead agency’s
24or the State Mine Inspector’s review pursuant to this section.

25(g) Appeals that the board does not decline to hear shall be
26scheduled and heard at a public hearing within 45 days of the filing
27of the appeal, or a longer period as may be mutually agreed upon
28by the board and the person filing the appeal. In hearing an appeal,
29the board shall only determine whether the reclamation plan or the
30financial assurances substantially meet the applicable requirements
31of Sections 2772, 2773, and 2773.1, and the lead agency surface
32mining ordinance adopted pursuant to subdivision (a) of Section
332774. A reclamation plan or financial assurances determined to
34meet these requirements shall be approved. A reclamation plan or
35financial assurances determined not to meet these requirements
36shall be returned to the operator with a notice of deficiencies, who
37shall be granted, once only, a period of 30 days, or a longer period
38mutually agreed upon by the operator and the board, to correct the
39noted deficiencies and submit the revised reclamation plan or
P17   1financial assurances to the lead agency or the State Mine Inspector,
2as the case may be, for review and approval.

3(h) (1) Within 90 days of a surface mining operation becoming
4idle, as defined in Section 2727.1, the operator shall submit to the
5lead agency for review and approval, an interim management plan.
6The review and approval of an interim management plan shall not
7be considered a project for purposes of Division 13 (commencing
8with Section 21000). The approved interim management plan shall
9be considered an amendment to the surface mining operation’s
10approved reclamation plan, for purposes of this chapter. The
11interim management plan shall provide measures the operator will
12implement to maintain the site in compliance with this chapter,
13including, but not limited to, all permit conditions.

14(2) The interim management plan may remain in effect for a
15period not to exceed five years, at which time the lead agency shall
16do one of the following:

17(A) Renew the interim management plan for an additional period
18not to exceed five years, which may be renewed for one additional
19five-year renewal period at the expiration of the first five-year
20renewal period, if the lead agency finds that the surface mining
21operator has complied fully with the interim management plan.

22(B) Require the surface mining operator to commence
23reclamation in accordance with its approved reclamation plan.

24(3) The financial assurances required by Section 2773.1 shall
25remain in effect during the period that the surface mining operation
26is idle. If the surface mining operation is still idle after the
27expiration of its interim management plan, the surface mining
28operation shall commence reclamation in accordance with its
29approved reclamation plan.

30(4) Within 60 days of the receipt of the interim management
31plan, or a longer period mutually agreed upon by the lead agency
32and the operator, the lead agency shall review and approve the
33plan in accordance with its ordinance adopted pursuant to
34subdivision (a) of Section 2774, so long as the plan satisfies the
35requirements of this subdivision, and so notify the operator in
36writing. Otherwise, the lead agency shall notify the operator in
37writing of any deficiencies in the plan. The operator shall have 30
38days, or a longer period mutually agreed upon by the operator and
39the lead agency, to submit a revised plan.

P18   1(5) The lead agency shall approve or deny approval of the
2revised interim management plan within 60 days of receipt. If the
3lead agency denies approval of the revised interim management
4plan, the operator may appeal that action to the lead agency’s
5governing body, which shall schedule a public hearing within 45
6days of the filing of the appeal, or a longer period mutually agreed
7upon by the operator and the governing body.

8(6) Unless review of an interim management plan is pending
9before the lead agency, or an appeal is pending before the lead
10agency’s governing body, a surface mining operation that remains
11idle for over one year after becoming idle as defined in Section
122727.1 without obtaining approval of an interim management plan
13shall be considered abandoned and the operator shall commence
14and complete reclamation in accordance with the approved
15reclamation plan.

16(i) An enforcement action that may be brought against a surface
17mining operation for operating without an approved reclamation
18plan, financial assurance, or interim management plan shall be
19held in abeyance pending review pursuant to subdivision (b), (c),
20(d), or (h), or the resolution of an appeal filed with the board
21pursuant to subdivision (e), or with a lead agency governing body
22pursuant to subdivision (h).

23begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 2770.6 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
24amended to read:end insert

25

2770.6.  

(a) begin deleteWhenever end deletebegin insertIf end insertsurface mining operations are
26proposed within the boundaries of the San Gabriel Basin Water
27Quality Authority that may penetrate the groundwater, and
28begin delete wheneverend deletebegin insert ifend insert proposed reclamation activities may impact
29groundwater quality, the lead agencybegin insert, or the State Mine Inspector,
30as the case may be,end insert
reviewing an application to conduct surface
31mining operations, or reviewing an application for the approval
32of a reclamation plan, shall notify and provide copies of the subject
33application to the appropriate California regional water quality
34control board, and any watermaster for the groundwater recharge
35basin. Notwithstanding any otherbegin delete provision ofend delete law, the appropriate
36California regional water quality control board may impose an
37administrative fee on the applicant to cover its costs associated
38with the review of, and preparation of, comments on the subject
39application, as required pursuant to this section.

P19   1(b) Each agency shall have 60 days to review and comment on
2the proposed surface mining operation described in subdivision
3(a) and the adoption of any reclamation plan therefor. Each agency
4shall comment on the existing groundwater quality and the potential
5impacts to water quality that may result from the mining operations
6and the proposed reclamation plan, and shall recommend methods
7and procedures to protect groundwater quality and prevent
8groundwater degradation. Each agency shall also comment on the
9proposed mining activities, including the conduct of excavation
10and backfilling operations in contact with groundwater, and the
11impact of any proposed alternative land uses on groundwater
12quality.begin delete Whenend deletebegin insert Ifend insert the proposed surface mining operations or
13reclamation plan will impact the groundwater, the lead agencybegin insert, or
14the State Mine Inspector, as the case may be,end insert
shall not approve
15the reclamation plan without requiring actions to ensure the
16reasonable protection of the beneficial uses of groundwater and
17the prevention of nuisance. Each agency shall have 60 days to
18review and comment or until 60 days from the date of application,
19whichever occurs first.

20(c) This section applies to activities otherwise subject to this
21chapter conducted within the boundaries of the San Gabriel Basin
22Water Quality Authority. To the extent of any conflict between
23this section and any other provision of this chapter, this section
24shall prevail.

25

begin deleteSEC. 13.end delete
26begin insertSEC. 14.end insert  

Section 2772 of the Public Resources Code is
27amended to read:

28

2772.  

(a) The reclamation plan shall be filed with the lead
29agency, on a form developed by the board, with provisions for
30additional information provided at the discretion of the lead agency,
31by any person who owns, leases, or otherwise controls or operates
32on all, or any portion, of any mined lands, and who plans to conduct
33surface mining operations on the lands.

34(b) All documentation for the reclamation plan shall be
35submitted by the lead agency to the department at one time.

36(c) The reclamation plan shall include all of the following
37information and documents:

38(1) The name and address of the surface mining operator and
39the names and addresses of any persons designated by the operator
40as an agent for the service of process.

P20   1(2) The anticipated quantity and type of minerals for which the
2surface mining operation is to be conducted.

3(3) The proposed dates for the initiation and termination of
4surface mining operation.

5(4) The maximum anticipated depth of the surface mining
6operation.

7(5) The size and legal description of the lands that will be
8affected by the surface mining operation, a map that includes the
9boundaries and topographic details of the lands, a description of
10the general geology of the area, a detailed description of the
11geology of the area in which surface mining is to be conducted,
12the location of all streams, roads, railroads, and utility facilities
13within, or adjacent to, the lands, the location of all proposed access
14roads to be constructed in conducting the surface mining operation,
15and the names and addresses of the owners of all surface interests
16and mineral interests in the lands.

17(6) A description of, and a plan for, the type of surface mining
18to be employed, and a time schedule that will provide for the
19completion of surface mining on each segment of the mined lands
20so that reclamation can be initiated at the earliest possible time on
21those portions of the mined lands that will not be subject to further
22disturbance by the surface mining operation.

23(7) A description of the proposed use or potential uses of the
24mined lands after reclamation and evidence that all owners of a
25possessory interest in the land have been notified of the proposed
26use or potential uses.

27(8) A description of the manner in which reclamation, adequate
28for the proposed use or potential uses, will be accomplished, as
29certified by a registered professional geologist, geophysicist, or
30civil engineer, pursuant to Section 2733, including both of the
31following:

32(A) A description of the manner in which contaminants will be
33controlled, and mining waste will be disposed.

34(B) A description of the manner in which affected streambed
35channels and streambanks will be rehabilitated to a condition
36minimizing erosion and sedimentation will occur.

37(9) An assessment of the effect of implementation of the
38reclamation plan on future mining in the area.

P21   1(10) A statement that the person submitting the reclamation
2plan accepts responsibility for reclaiming the mined lands in
3accordance with the reclamation plan.

4(11) A schedule with time limits, updated annually, for
5completing reclamation in accordance with the reclamation plan
6and the then-current condition of the mining site.begin insert The requirement
7for an annually updated schedule does not, by itself, require an
8amendment to the existing reclamation plan.end insert

9(12) Any other information that the lead agency may require
10by ordinance.

11(d) An item of information or a document required pursuant to
12subdivision (c) that has already been prepared as part of a permit
13application for the surface mining operation, or as part of an
14environmental document prepared for the project pursuant to
15Division 13 (commencing with Section 21000), may be included
16in the reclamation plan by reference, if that item of information
17or that document is attached to the reclamation plan when the lead
18agency submits the reclamation plan to the director for review. To
19the extent that the information or document referenced in the
20reclamation plan is used to meet the requirements of subdivision
21(c), the information or document shall become part of the
22reclamation plan and shall be subject to all other requirements of
23this article.

24(e) begin deleteNothing in this section is intended to end deletebegin insertThis section does not end insert
25limit or expand thebegin delete department’send deletebegin insert State Mine Inspector’send insert authority
26or responsibility to review a document in accordance with Division
2713 (commencing with Section 21000).

28

begin deleteSEC. 14.end delete
29begin insertSEC. 15.end insert  

Section 2773.1 of the Public Resources Code is
30amended to read:

31

2773.1.  

(a) Financial assurances, based on the most recent
32inspection by the lead agency or the State Mine Inspector, as the
33case may be, shall be required of each surface mining operation
34to ensure reclamation is performed in accordance with the surface
35mining operation’s approved reclamation plan, as follows:

36(1) Financial assurances may take the form of surety bonds
37executed by an admitted surety insurer, as defined in subdivision
38(a) of Section 995.120 of the Code of Civil Procedure, irrevocable
39letters of credit, trust funds, or other forms of financial assurances
40specified by the board pursuant to subdivision (e), that the lead
P22   1agency or the State Mine Inspector, as the case may be, reasonably
2determines are adequate to perform reclamation in accordance
3with the surface mining operation’s approved reclamation plan.

4(2) The financial assurances shall remain in effect for the
5duration of the surface mining operation and any additional period
6until reclamation is completed.

7(3) (A) The amount of financial assurances required of a surface
8mining operation for any one year shall be adjusted annually by
9the lead agency or the State Mine Inspector, as the case may be,
10to account for new lands disturbed by surface mining operations,
11inflation, and reclamation of lands accomplished in accordance
12with the approved reclamation plan.

13(B) The annual adjustment of financial assurances is not subject
14to the procedures specified in paragraph (3) of subdivision (d) of
15Section 2774 unless made in response to an amendment to an
16existing reclamation plan.

17(4) The financial assurances shall be made payable to the lead
18agency and the department. Financial assurances that were
19approved by the lead agency prior to January 1, 1993, and were
20made payable to the State Geologist shall be considered payable
21to the department for purposes of this chapter. However, if a surface
22mining operation has received approval of its financial assurances
23from a public agency other than the lead agency, the lead agency
24or the State Mine Inspector, as the case may be, shall deem those
25financial assurances adequate for purposes of this section, or shall
26credit them toward fulfillment of the financial assurances required
27by this section, if they are made payable to the public agency, the
28lead agency, and the department and otherwise meet the
29requirements of this section. In any event, if a lead agency and one
30or more public agencies exercise jurisdiction over a surface mining
31operation, the total amount of financial assurances required by the
32lead agency or the State Mine Inspector, as the case may be, and
33the public agencies for any one year shall not exceed that amount
34that is necessary to perform reclamation of lands remaining
35disturbed. For purposes of this paragraph, a “public agency” may
36include a federal agency but does not include the State Mine
37Inspector.

38(b) If the lead agency or the board, following a public hearing,
39determines that the operator is financially incapable of performing
40reclamation in accordance with its approved reclamation plan, or
P23   1has abandoned its surface mining operation without commencing
2reclamation, either the lead agency or the State Mine Inspector
3shall do all of the following:

4(1) Notify the operator by personal service or certified mail that
5the lead agency or the State Mine Inspector intends to take
6appropriate action to forfeit the financial assurances and specify
7the reasons for so doing.

8(2) (A) Allow the operator 60 days to commence or cause the
9commencement of reclamation in accordance with its approved
10reclamation plan and require that reclamation be completed within
11the time limits specified in the approved reclamation plan or some
12other time period mutually agreed upon by the lead agency or the
13State Mine Inspector and the operator.

14(B) If no time period is specified in the reclamation plan, or if
15the time period specified is determined by the lead agency or the
16State Mine Inspector to be inappropriate for the condition of the
17site, the lead agency or thebegin delete Sateend deletebegin insert Stateend insert Mine Inspector shall
18determine a time period for reclamation to be completed if an
19agreement for such a time period cannot be reached between the
20lead agency or the State Mine Inspector and the operator.

21(3) Proceed to take appropriate action to require forfeiture of
22the financial assurances if the operator does not substantially
23comply with paragraph (2).

24(4) Use the proceeds from the forfeited financial assurances to
25conduct and complete reclamation in accordance with the approved
26reclamation plan. In no event shall the financial assurances be used
27for any other purpose. The operator is responsible for the costs of
28conducting and completing reclamation in accordance with the
29approved reclamation plan that are in excess of the proceeds from
30the forfeited financial assurances.

31(c) Financial assurances shall no longer be required of a surface
32mining operation, and shall be released, upon written notification
33by the lead agency, with the written concurrence of the State Mine
34Inspector, which shall be forwarded to the operator, that
35reclamation has been completed in accordance with the approved
36reclamation plan. If a mining operation is sold or ownership is
37transferred to another person, the existing financial assurances
38shall remain in force and shall not be released by the lead agency
39or the State Mine Inspector until new financial assurances are
40secured from the new owner and have been approved by the lead
P24   1agency or the State Mine Inspector, as the case may be, in
2accordance with Section 2770.

3(d) (1) The lead agency shall have primary responsibility to
4seek forfeiture of financial assurances and to reclaim mine sites
5under subdivision (b). However, in cases where the board is not
6the lead agency pursuant to Section 2774.4, the State Mine
7Inspector may act to seek forfeiture of financial assurances and
8reclaim mine sites pursuant to subdivision (b) only if both of the
9following occurs:

10(A) The financial incapability of the operator or the
11abandonment of the mining operation has come to the attention of
12the State Mine Inspector.

13(B) The lead agency has been notified in writing by the State
14Mine Inspector of the financial incapability of the operator or the
15abandonment of the mining operation for at least 15 days, and has
16not taken appropriate measures to seek forfeiture of the financial
17assurances and reclaim the mine site; and one of the following has
18occurred:

19(i) The lead agency has been notified in writing by the State
20Mine Inspector that failure to take appropriate measures to seek
21forfeiture of the financial assurances or to reclaim the mine site
22shall result in actions being taken against the lead agency under
23Section 2774.4.

24(ii) The State Mine Inspector determines that there is a violation
25that amounts to an imminent and substantial endangerment to the
26public health, safety, or to the environment.

27(iii) The lead agency notifies the State Mine Inspector in writing
28that its good faith attempts to seek forfeiture of the financial
29assurances have not been successful.

30(2) The State Mine Inspector, in seeking forfeiture of financial
31assurances and reclaiming mine sites, shall do all of the following:

32(A) Notify the operator by personal service or certified mail
33that the State Mine Inspector intends to take appropriate action to
34forfeit the financial assurances and specify the reasons for so doing.

35(B) (i) Allow the operator 60 days to commence or cause the
36commencement of reclamation in accordance with its approved
37reclamation plan and require that reclamation be completed within
38the time limits specified in the approved reclamation plan or some
39other time period mutually agreed upon by the State Mine Inspector
40and the operator.

P25   1(ii) If no time period is specified in the reclamation plan, or if
2the time period specified is determined by the State Mine Inspector
3to be inappropriate for the condition of the site, the State Mine
4Inspector shall determine a time period for reclamation to be
5completed if an agreement for such a time period cannot be reached
6between the State Mine Inspector and the operator pursuant to
7clause (i).

8(C) Proceed to take appropriate action to require forfeiture of
9the financial assurances if the operator does not substantially
10comply with subparagraph (B).

11(D) Use the proceeds from the forfeited financial assurances to
12conduct and complete reclamation in accordance with the approved
13reclamation plan. In no event shall the financial assurances be used
14for any other purpose. The operator shall be responsible for the
15costs of conducting and completing reclamation in accordance
16with the approved reclamation plan that are in excess of the
17proceeds from the forfeited financial assurances.

18(e) The board may adopt regulations specifying financial
19assurance mechanisms other than surety bonds, irrevocable letters
20of credit, and trust funds, that the board determines are reasonably
21available and adequate to ensure reclamation pursuant to this
22chapter, but these mechanisms may not include financial tests, or
23surety bonds executed by one or more personal sureties. These
24mechanisms may include reclamation bond pool programs.

25(f) The board shall adopt, and update as required, guidelines to
26implement this section. The guidelines are exempt from the
27requirements of Chapter 3.5 (commencing with Section 11340) of
28Part 1 of Division 3 of Title 2 of the Government Code, and are
29not subject to review by the Office of Administrative Law.

30

begin deleteSEC. 15.end delete
31begin insertSEC. 16.end insert  

Section 2774 of the Public Resources Code is
32amended to read:

33

2774.  

(a) Every lead agency shall adopt ordinances in
34accordance with state policy that establish procedures for the
35review and approval of reclamation plans and financial assurances,
36and the issuance of a permit to conduct surface mining operations,
37as well as receipt of financial assurances approved by the State
38Mine Inspector when authorized pursuant to Section 2774.4, except
39that any lead agency without an active surface mining operation
40in its jurisdiction may defer adopting an implementing ordinance
P26   1until the filing of a permit application. The ordinances shall
2establish procedures requiring at least one public hearing and shall
3be periodically reviewed by the lead agency and revised, as
4necessary, with notice to the board of any changes, to ensure that
5the ordinances continue to be in accordance with state policy.

6(b) begin insert(1)end insertbegin insertend insert The lead agency shall conduct an inspection of a surface
7mining operation within six months of receipt by the lead agency
8of the surface mining operation’s report submitted pursuant to
9Section 2207, solely to determine whether the surface mining
10operation is in compliance with this chapter. In no event shall the
11lead agency inspect a surface mining operation less than once in
12any calendar year. The lead agency shall cause any inspection to
13be conducted by a state licensed geologist, or state licensed civil
14engineer, who is experienced in land reclamation and who has not
15been employed by a surface mining operation within the
16jurisdiction of the lead agency in any capacity during the previous
1712 months. If a lead agency operates a surface mine, the inspector
18shall not have been an employee of the lead agency in any capacity
19during the previous 12 monthsbegin insert, unless commencing January 1,
202018, the inspector has satisfactorily completed mine inspection
21training from the State Mine Inspector within the previous two
22years pursuant to paragraph (2)end insert
. All inspections shall be conducted
23using a form developed by the department and approved by the
24board that shall include the professional licensing and disciplinary
25information of the person who conducted the inspection. The
26operator shall be solely responsible for the reasonable cost of the
27inspection. The lead agency shall notify the State Mine Inspector
28within 30 days of the date of completion of the inspection that the
29inspection has been conducted. The notice shall contain a statement
30regarding the surface mining operation’s compliance with this
31chapter, shall include a copy of the completed inspection form,
32and shall specify which aspects of the surface mining operations,
33if any, are inconsistent with this chapter. If the surface mining
34operation has a review of its reclamation plan, financial assurances,
35or an interim management plan pending under subdivision (b), (c),
36(d), or (h) of Section 2770, or an appeal pending before the board
37or lead agency governing body under subdivision (e) or (h) of
38Section 2770, the notice shall so indicate. The lead agency shall
39 forward to the operator a copy of the notice, a copy of the
40completed inspection form, and any supporting documentation,
P27   1including, but not limited to, any inspection report prepared by the
2geologist or civil engineer who conducted the inspection. A lead
3agency’s failure to comply with the requirements of this section
4shall be cause for action pursuant to Section 2774.4.

begin insert

5(2) On or before January 1, 2018, and on an ongoing basis after
6that date, the State Mine Inspector shall offer lead agencies
7continuing educational opportunities that qualifies employees of
8the lead agencies to be credentialed, as appropriate, by the State
9Mine Inspector, to inspect mines.

end insert

10(c) begin deleteWhere, end deletebegin insertIf end insertpursuant to Sectionbegin delete 2774.4,end deletebegin insert 2774.4end insert the State Mine
11Inspector has assumed a lead agency’s authority,begin delete inspections shall
12be carried out in accordance with subdivision (b)end delete
begin insert the State Mine
13Inspector shall carry out inspections in that jurisdiction in
14accordance with subdivision (b)end insert
. The operator shall be solely
15responsible for the reasonable cost of the inspection. The State
16Mine Inspector shall notify the lead agency within 30 days of the
17date of completion of the inspection that the inspection has been
18conducted. The notice shall contain a statement regarding the
19surface mining operation’s compliance with this chapter, shall
20include a copy of the completed inspection form, and shall specify
21which aspects of the surface mining operations, if any, are
22inconsistent with this chapter. If the surface mining operation has
23a review of its reclamation plan, financial assurances, or an interim
24management plan pending under subdivision (b), (c), (d), or (h)
25of Section 2770, or an appeal pending before the board or lead
26agency governing body under subdivision (e) or (h) of Section
272770, the notice shall so indicate. The State Mine Inspector shall
28forward to the operator a copy of the notice, a copy of the
29completed inspection form, and any supporting documentation,
30including, but not limited to, any inspection report prepared by the
31geologist or civil engineer who conducted the inspection.

32(d) 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 plan amendments, the lead agency shall submit the
36plan, assurances, or amendments to the State Mine Inspector for
37review. All documentation for that submission shall be submitted
38to the State Mine Inspector at one time. When the lead agency
39submits a reclamation plan or plan amendments to the State Mine
40Inspector for review, the lead agency shall also submit to the State
P28   1Mine Inspector, for use in reviewing the reclamation plan or plan
2amendments, information from any related document prepared,
3adopted, or certified pursuant to Division 13 (commencing with
4Section 21000), and shall submit any other pertinent information.
5The lead agency shall certify in writing to the State Mine Inspector
6that the reclamation plan is complete and in compliance with the
7applicable requirements of this chapter and Article 1 (commencing
8with Section 3500) of Chapter 8 of Division 2 of Title 14 of the
9California Code of Regulations and the lead agency’s mining
10ordinance in effect at the time that the reclamation plan is submitted
11to the State Mine Inspector for review.

12(e) (1) The State Mine Inspector shall have 30 days from the
13date of receipt of a complete reclamation plan or complete plan
14amendments and financial assurances submitted pursuant to
15subdivision (d) to prepare written comments, if the State Mine
16Inspector so chooses. The lead agency shall evaluate written
17comments received from the State Mine Inspector relating to the
18reclamation plan, plan amendments, or financial assurances within
19a reasonable amount of time.

20(2) The lead agency shall prepare a written response to the State
21Mine Inspector’s comments describing the disposition of the major
22issues raised by the State Mine Inspector’s comments, and submit
23the lead agency’s proposed response to the State Mine Inspector
24at least 30 days prior to approval of the reclamation plan, plan
25amendment, or financial assurances. The lead agency’s response
26to the State Mine Inspector’s comments shall describe whether the
27lead agency proposes to adopt the State Mine Inspector’s comments
28to the reclamation plan, plan amendment, or financial assurances.
29If the lead agency does not propose to adopt the State Mine
30Inspector’s comments, the lead agency shall specify, in detail, why
31the lead agency proposes not to adopt the comments. Copies of
32any written comments received and responses prepared by the lead
33agency shall be forwarded to the operator. The lead agency shall
34also give the State Mine Inspector at least 30 days’ notice of the
35time, place, and date of the hearing before the lead agency at which
36the reclamation plan, plan amendment, or financial assurances
37may be approved by the lead agency. If no hearing is required by
38this chapter, or by the local ordinance, or other state law, then the
39lead agency shall provide 30 days’ notice to the State Mine
40Inspector that it intends to approve the reclamation plan, plan
P29   1amendment, or financial assurances. begin delete If the State Mine Inspector
2is dissatisfied with the lead agency’s approval, the State Mine
3Inspector may seek judicial review of that approval pursuant to
4Section 1094.5 of the Code of Civil Procedure within 30 days of
5notice of the lead agency’s action.end delete
begin insert The State Mine Inspector,
6notwithstanding subdivision (e) of Section 2770, may appeal the
7lead agency’s approval to the board within 30 days notice of the
8lead agency’s action.end insert
Lead agency approval of a reclamation plan,
9plan amendment, or financial assurances that is inconsistent with
10this chapter shall be cause for action under Section 2774.4, whether
11judicial review of the approval was obtained or not.

begin delete

12(3) (A) Prior to approving initial financial assurances for a
13reclamation plan or any amendments, pursuant to subdivision (a)
14of Section 2770, the State Mine Inspector shall have 45 days from
15the date of receipt of a complete reclamation plan or complete plan
16amendments submitted pursuant to subdivision (c) to prepare
17financial assurances for reclamation pursuant to the proposed
18reclamation plan and to submit the proposed financial assurances
19to the lead agency for review.

end delete
begin insert

20(3) (A) If the State Mine Inspector has assumed lead agency
21authority for any mine operation pursuant to Section 2774.4, before
22approving a reclamation plan or financial assurances, or any
23amendments pursuant to subdivision (a) of Section 2770, the State
24Mine Inspector shall submit the proposed reclamation plan,
25financial assurances, or any amendments to the former lead agency
26for review. All documentation for that submission shall be
27submitted to the lead agency at one time.

end insert

28(B) Thebegin insert formerend insert lead agency shall have 30 days from the date
29of its receipt of thebegin delete financial assurancesend deletebegin insert documentationend insert to evaluate
30thebegin delete financial assurancesend deletebegin insert proposalend insert prepared by the State Mine
31Inspector and to submit written comments, if thebegin insert formerend insert lead
32agency so chooses.

33(C) The State Mine Inspector shall evaluate any written
34comments received from thebegin insert formerend insert lead agency pursuant to
35subparagraph (B) and shallbegin insert, within a reasonable time,end insert prepare a
36written response to thebegin insert formerend insert lead agency’s comments, describing
37the disposition of the major issues raised by thebegin insert formerend insert lead
38agency’s comments. The response shall indicate whether the State
39Mine Inspector proposes to adopt thebegin insert formerend insert lead agency’s
40comments or, if not, shall specify, in detail, why the State Mine
P30   1Inspector does not propose tobegin delete adopt the lead agency’s commentsend delete
2begin insert do soend insert. Copies of any written comments received and responses
3prepared by the State Mine Inspector shall be forwarded to the
4operator. Thebegin delete State Mine Inspector shall submit the response and
5the approved financial assurances to the lead agency and to the
6operator within 30 days of receipt of the lead agency’s comments.end delete

7begin insert former lead agency, notwithstanding subdivision (e) of Section
82770, may appeal the State Mine Inspector’s approval to the board
9within 30 days notice of the State Mine Inspector’s action.end insert

10(4) To the extent that there is a conflict between the comments
11of a trustee agency or a responsible agency that are based on the
12agency’s statutory or regulatory authority and the comments of
13other commenting agencies that are received by the lead agency
14pursuant to Division 13 (commencing with Section 21000)
15regarding a reclamation plan or plan amendments, the lead agency
16shall consider only the comments of the trustee agency or
17responsible agency.

begin delete

18(e)

end delete

19begin insert(f)end insert A lead agency shall notify the State Mine Inspector of the
20filing of an application for a permit to conduct surface mining
21operations within 30 days of an application being filed with the
22lead agency. By July 1 of each year, the lead agency shall submit
23to the State Mine Inspector for each active or idle mining operation
24a copy of any permit or reclamation plan amendments, as
25applicable, or a statement that there have been no changes during
26the previous year. Failure to file with the State Mine Inspector the
27information required under this section shall be cause for action
28under Section 2774.4.

29

begin deleteSEC. 16.end delete
30begin insertSEC. 17.end insert  

Section 2774.1 of the Public Resources Code is
31amended to read:

32

2774.1.  

(a) Except as provided in subdivision (i) of Section
332770, if the lead agency or the State Mine Inspector determines,
34based upon an annual inspectionbegin delete pursuant to Section 2774,end delete or
35otherwisebegin delete confirmed by an inspection of the mining operation,end delete that
36a surface mining operation is not in compliance with this chapter,
37the lead agency or the State Mine Inspector shall notify the operator
38of that violation by personal service or certified mail. The notice
39of violation shall specify the remedial steps to be taken to correct
40any noncompliance identified in the notice, as well as a reasonable
P31   1time for compliance of each instance of noncompliance if
2compliance cannot reasonably be attained within 30 days of the
3date of the notice. If a violation extends beyond 30 days after the
4date of the lead agency’s or the State Mine Inspector’s notification,
5unless the operator has accepted a scope of work and schedule,
6agreed to by the lead agency or the State Mine Inspector, for
7achieving compliance, the lead agency or the State Mine Inspector
8shall issue an order by personal service or certified mail requiring
9the operator to comply with this chapter or, if the operator does
10not have an approved reclamation plan or financial assurances, to
11cease all further mining activities.

12(b) An order issued under subdivision (a) shall not take effect
13until the operator has been provided a hearing before the lead
14agency for orders issued by the lead agency, or board for orders
15issued by the State Mine Inspector, concerning the alleged
16violation. An order issued under subdivision (a) shall specify which
17aspects of the surface mine’s activities or operations are
18inconsistent with this chapter, shall specify a time for compliance
19that the lead agency or State Mine Inspector determines is
20reasonable, taking into account the seriousness of the violation
21and any good faith efforts to comply with applicable requirements,
22and shall set a date for the hearing, which shall not be sooner than
2330 days after the date of the order.

24(c) Following the issuance of an order under subdivision (a),
25the lead agency or the State Mine Inspector shall be entitled to
26access to the mining operation to inspect the status of compliance
27with the order. Entitlement to access shall be without further notice
28than the order, and shall end only when the lead agency or the
29State Mine Inspector determines that compliance with the order
30has been attained or the order is reversed on appeal, whichever is
31sooner.

32(d) An operator who violates or fails to comply with an order
33issued under subdivision (a) after the order’s effective date, as
34provided in subdivision (b), or who fails to submit a report to the
35State Mine Inspector or lead agency as required by Section 2207,
36shall be subject to an order by the lead agency or the State Mine
37Inspector imposing an administrative penalty of not more than five
38thousand dollars ($5,000) per day, assessed from the original date
39of noncompliance with this chapter or Section 2207. The penalty
40may be imposed administratively by the lead agency or the State
P32   1Mine Inspector. In determining the amount of the administrative
2penalty, the lead agency or the State Mine Inspector shall take into
3consideration the nature, circumstances, extent, and gravity of the
4violation or violations, any prior history of violations, the degree
5of culpability, economic savings, if any, resulting from the
6violation, and any other matters justice may require. Orders setting
7administrative penalties shall become effective upon issuance of
8the order and payment shall be made to the lead agency or the
9State Mine Inspector within 30 days, unless the operator petitions
10the legislative body of the lead agency, the board, or the superior
11court for review as provided in Section 2774.2. An order shall be
12served by personal service or by certified mail upon the operator.
13Penalties collected by the State Mine Inspector shall not be used
14for purposes other than to cover the reasonable costs incurred by
15the board or the State Mine Inspector in implementing this chapter
16or Section 2207.

17(e) If the lead agency or the State Mine Inspector determines
18that the surface mine is not in compliance with this chapter, so that
19the surface mine presents an imminent and substantial
20endangerment to the public health or the environment, the lead
21agency or the Attorney General, on behalf of the State Mine
22Inspector, may seek an order from a court of competent jurisdiction
23enjoining that operation.

24(f) Upon a complaint by the department, the State Mine
25Inspector, or the board, the Attorney General may bring an action
26to recover administrative penalties under this section, and penalties
27under Section 2207, in any court of competent jurisdiction in this
28state against any person violating any provision of this chapter or
29Section 2207, or any regulation adopted pursuant to this chapter
30or Section 2207. The Attorney General may bring this action on
31his or her own initiative if, after examining the complaint and the
32evidence, he or she believes a violation has occurred. The Attorney
33General may also seek an order from a court of competent
34jurisdiction compelling the operator to comply with this chapter
35and Section 2207 and to cease operation until compliance is proven.

36(g) (1) The lead agency has primary responsibility for enforcing
37this chapter and Section 2207. In cases where the board is not the
38lead agency pursuant to Section 2774.4, or in cases where the State
39Mine Inspector has not assumed authority for mine inspections
40and determining financial assurance amounts pursuant to Section
P33   12774.4, enforcement actions may be initiated by the State Mine
2Inspector pursuant to this section only after the violation has come
3to the attention of the State Mine Inspector and either of the
4following occurs:

5(A) The lead agency has been notified by the State Mine
6Inspector in writing of the violation for at least 30 days, and has
7not taken appropriate enforcement action, which may include
8failing to issue an order to comply within a reasonable time after
9issuing a notice of violation.

10(B) The State Mine Inspector determines that there is a violation
11that amounts to an imminent and substantial endangerment to the
12public health or safety, or to the environment.

13(2) If the board or the State Mine Inspector is the lead agency
14pursuant to Section 2774.4, the board or the State Mine Inspector,
15as the case may be, has sole responsibility for enforcing this chapter
16and Section 2207.

begin insert

17(3) If the State Mine Inspector has given notice of a violation
18to the lead agency under subparagraph (A), or made a
19determination under subparagraph (B), the lead agency shall not
20resolve enforcement for any violation without the concurrence of
21the State Mine Inspector.

end insert

22(h) Remedies under this section are in addition to, and do not
23supersede or limit, any and all other remedies, civil or criminal.

24

begin deleteSEC. 17.end delete
25begin insertSEC. 18.end insert  

Section 2774.3 of the Public Resources Code is
26amended to read:

27

2774.3.  

The board shall review lead agency ordinances that
28establish permit and reclamation procedures, and any proposed
29changes thereto, to determine whether each ordinance or proposed
30change is in accordance with state policy, and shall certify the
31ordinance or proposed change as being in accordance with state
32policy if it adequately meets, or imposes requirements more
33stringent than, the California surface mining and reclamation
34policies and procedures established by the board pursuant to this
35chapter. Proposed changes to lead agency ordinances shall not be
36effective until certified by the board pursuant to this section.

37

begin deleteSEC. 18.end delete
38begin insertSEC. 19.end insert  

Section 2774.4 of the Public Resources Code is
39amended to read:

P34   1

2774.4.  

(a) If the board finds that a lead agency either has (1)
2approved reclamation plans or financial assurances that are not
3consistent with this chapter, (2) failed to inspect or cause the
4inspection of surface mining operations as required by this chapter,
5(3) failed to seek forfeiture of financial assurances and to carry
6out reclamation of surface mining operations as required by this
7chapter, (4) failed to take appropriate enforcement actions as
8required by this chapter, (5) intentionally misrepresented the results
9of inspections required under this chapter, or (6) failed to submit
10information to the department as required by this chapter, including
11annually certifying to the board all of the following: (A) that the
12lead agency has approved an adequate reclamation plan and
13financial assurances, including any amendments thereto, for each
14mining operation in its jurisdiction, (B) that its mineral resources
15management plan complies with applicable law and has been
16adopted in accordance with Section 2762, and (C) that all notices
17required pursuant to Section 2772.7 have been recorded, the board
18shall assign to the State Mine Inspector the authority to exercise
19any of the powers of that agency under this chapter, except for
20permitting authority.

21(b) Until January 1, 2016, in cases where the board has assumed
22authority to exercise the powers of the lead agency under this
23chapter, except for permitting authority, the board shall continue
24to do so. Thereafter, the board shall assign those powers to the
25State Mine Inspector.

26(c) If, no sooner than three years after the board has taken action
27pursuant to subdivision (a), the board finds, after a public hearing,
28that a lead agency has corrected its deficiencies in implementing
29and enforcing this chapter, and the rules and regulations adopted
30pursuant to this chapter, the board shall restore to the lead agency
31the powers assumed by the State Mine Inspector pursuant to
32subdivision (a).

33(d) Before taking any action pursuant to subdivision (a), the
34board shall first notify the lead agency of the identified
35deficiencies, and allow the lead agency 45 days to correct the
36deficiencies to the satisfaction of the board. If the lead agency has
37not corrected the deficiencies to the satisfaction of the board within
38the 45-day period, the board shall hold a public hearing within the
39lead agency’s area of jurisdiction, upon a 45-day written notice
40given to the public in at least one newspaper of general circulation
P35   1within the city or county, and directly mailed to the lead agency
2and to all surface mining operators within the lead agency’s
3jurisdiction who have submitted reports as required by Section
42207.

5(e) Affected surface mining operators and interested persons
6have the right, at the public hearing, to present oral and written
7evidence on the matter being considered. The board may, at the
8public hearing, place reasonable limits on the right of affected
9surface mining operators and interested persons to question and
10solicit testimony.

11(f) If, after conducting the public hearing required by subdivision
12(d), the board decides to take action pursuant to subdivision (a),
13the board shall, based on the record of the public hearing, adopt
14written findings which explain all of the following:

15(1) The action to be taken by the board.

16(2) Why the board decided to take the action.

17(3) Why the action is authorized by, and meets the requirements
18of, subdivision (a).

19In addition, the findings shall address the significant issues
20raised, or written evidence presented, by affected surface mining
21operators, interested persons, or the lead agency. The transcript of
22testimony and exhibits, together with all papers and requests filed
23in the proceedings, shall constitute the exclusive record for decision
24by the board.

25(g) The lead agency, any affected surface mining operator, or
26any interested person who has presented oral or written evidence
27at the public hearing before the board pursuant to subdivision (e)
28may obtain review of the board’s action taken pursuant to
29subdivision (a) by filing in the superior court a petition for writ of
30mandate within 30 days following the issuance of the board’s
31decision. Section 1094.5 of the Code of Civil Procedure governs
32judicial proceedings pursuant to this subdivision, except that in
33every case the court shall exercise its independent judgment. If a
34petition for a writ of mandate is not filed within the time limits set
35by this subdivision, the board’s action under subdivision (a) shall
36not be subject to review by any court or agency.

37(h) (1) A lead agency may unilaterally and voluntarily relinquish
38any or all of its responsibilities under this chapter, and the State
39Mine Inspector shall assume those responsibilities.

P36   1(2) (A) No sooner than three years after relinquishing its lead
2agency responsibilities, the lead agency may request the board to
3authorize it to resume its role as a lead agency.

4(B) If the board finds, after holding a public hearing as described
5in subdivision (e), that the lead agency has corrected all
6deficiencies, if any, pursuant to subdivision (a) in implementing
7and enforcing this chapter and its implementing regulations, the
8board shall restore to the agency the lead agency powers assumed
9by the State Mine Inspector pursuant to this subdivision.

10

begin deleteSEC. 19.end delete
11begin insertSEC. 20.end insert  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13a local agency or school district has the authority to levy service
14charges, fees, or assessments sufficient to pay for the program or
15level of service mandated by this act, within the meaning of Section
1617556 of the Government Code.



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