Amended in Assembly June 3, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1142

Introduced by Assembly Member Gray

February 27, 2015

An act to amend Sections 2207, 2773.1, 2774, and 2774.2 of the Public Resources Code, relating to mining and geology.

LEGISLATIVE COUNSEL’S DIGEST

AB 1142, as amended, Gray. Mining and geology: surface mining.

(1) The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a permit is obtained from, a specified reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by the lead agency for the operation of the surface mining operation.

This bill would revise and recast provisions of the act related to financial assurances and, among other things, would require financial assurance cost estimates be submitted for review and include estimates of the time needed to complete reclamation of the mine and require an operator to replace an approved financial assurance only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance. By adding to the duties of local agencies, this bill would impose a state-mandated local program.

(2) The act requires the owner or operator of a mining operation to forward annually to the Director of Conservation and the lead agency a report that provides, among other things, proof of annual inspection by the lead agency. The act also 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. The act requires a lead agency to inspect a surface mining operation within 6 months of receiving a specified report and to conduct an inspection no less than once every calendar year. The act authorizes a lead agency to cause an inspection to be conducted by a state licensed geologist, state licensed civil engineer, state licensed landscape architect, or state licensed forester, as specified.

This bill would revise and recast those provisions and, among other things, would require the owner or operator to provide a copy of the previously completed annual inspection form and a requested date for the next annual inspection by the lead agency, begin delete require end delete begin insert authorize end insert a lead agency to cause an inspection to be conducted by an begin insert unlicensed end insert employee of the lead agency who begin delete has received specified training, end delete begin insert meets specified criteria and who, after January 1, 2018, has completed an inspection workshop, as provided, end insert impose new requirements on the lead agency related to the timing of inspections, impose timelines on a lead agency related to the submission of an application for a permit to conduct a surface mining operation, and require the begin delete State Geologist to coordinate with the director, board, lead agencies, and interested parties to develop a curriculum for the training of mine inspectors. end delete begin insert director to provide an inspection workshop and update workshop for lead agency employees who inspect surface mining operations after January 1, 2018. end insert By adding to the duties of local agencies, this bill would impose a state-mandated local program.

(3) The act requires that the lead agency have primary responsibility in enforcing the act. The act authorizes, in cases where the board is not the lead agency, the director to initiate enforcement actions if the lead agency has been notified by the director, for at least 15 days, of a violation and has not taken appropriate enforcement action, or the director determines there is a violation that presents an imminent and substantial endangerment to the public health or safety or the environment. The act establishes procedures and timelines for an operator to have an order setting administrative penalties reviewed by a legislative body of a lead agency, the board, or a superior court.

This bill, after the expiration of a specified review period, would authorize the director or the board when it acts as a lead agency to apply to the small claims court or the superior court, as appropriate, for a judgment to collect an unpaid administrative penalty.

(4) 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:

SECTION 1.  

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

2207.  

(a) The owner or the operator of a mining operation
within the state shall forward to the director annually, not later
than a date established by the director, upon forms approved by
the board from time to time, a report that identifies and contains
all of the following:

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

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

(3) The location of the mining operation, its name, its mine
number as issued by the Office of Mine Reclamation or the
director, its section, township, range, latitude, longitude, and
approximate boundaries of the mining operation marked on a
United States Geological Survey 71⁄2-minute or 15-minute
quadrangle map.

(4) The lead agency.

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

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

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

(8) A copy of the previously completed annual inspection form
and a requested date for the next annual inspection by the lead
agency.

(9) Proof of financial assurances.

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

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

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

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

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

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

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

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

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

(c) Subsequent reports shall include only changes in the
information submitted for the items described in subdivision (a),
except that, instead of the approved reclamation plan, the reports
shall include any reclamation plan amendments approved during
the previous year. The reports shall state whether review of a
reclamation plan, financial assurances, or an interim management
plan is pending under subdivision (b), (c), (d), or (h) of Section
2770, or whether an appeal before the board or lead agency
governing body is pending under subdivision (e) or (h) of Section
2770. The director shall notify the person submitting the report
and the owner’s designated agent in writing that the report and the
fee required pursuant to subdivision (d) have been received, specify
the mining operation’s mine number if one has not been issued by
the Office of Mine Reclamation, and notify the person and agent
of any deficiencies in the report within 90 days of receipt. That
person or agent shall have 30 days from receipt of the notification
to correct the noted deficiencies and forward the revised report to
the director and the lead agency. Any person who fails to comply
with this section, or knowingly provides incorrect or false
information in reports required by this section, may be subject to
an administrative penalty as provided in subdivision (c) of Section
2774.1.

(d) (1) The board shall impose, by regulation, pursuant to
paragraph (2), an annual reporting fee on, and method for collecting
annual fees from, each active or idle mining operation. The
maximum fee for any single mining operation may not exceed four
thousand dollars ($4,000) annually and may not be less than one
hundred dollars ($100) annually, as adjusted for the cost of living
as measured by the California Consumer Price Index for all urban
consumers, calendar year averages, using the percentage change
in the previous year, beginning with the 2005-06 fiscal year and
annually thereafter.

(2) (A) The board shall adopt, by regulation, a schedule of fees
authorized under paragraph (1) to cover the department’s cost in
carrying out this section and Chapter 9 (commencing with Section
2710), as reflected in the Governor’s proposed Budget, and may
adopt those regulations as emergency regulations. In establishing
the schedule of fees to be paid by each active and idle mining
operation, the fees shall be calculated on an equitable basis
reflecting the size and type of operation. The board shall also
consider the total assessed value of the mining operation, the
acreage disturbed by mining activities, and the acreage subject to
the reclamation plan.

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

(3) The total revenue generated by the reporting fees may not
exceed, and may be less than, the amount of three million five
hundred thousand dollars ($3,500,000), as adjusted for the cost of
living as measured by the California Consumer Price Index for all
urban consumers, calendar year averages, using the percentage
change in the previous year, beginning with the 2005-06 fiscal
year and annually thereafter. If the director determines that the
revenue collected during the preceding fiscal year was greater or
less than the cost to operate the program, the board shall adjust
the fees to compensate for the overcollection or undercollection
of revenues.

(4) (A) The reporting fees established pursuant to this
subdivision shall be deposited in the Mine Reclamation Account,
which is hereby created. Any fees, penalties, interest, fines, or
charges collected by the director or board pursuant to this chapter
or Chapter 9 (commencing with Section 2710) shall be deposited
in the Mine Reclamation Account. The money in the account shall
be available to the department and board, upon appropriation by
the Legislature, for the purpose of carrying out this section and
complying with Chapter 9 (commencing with Section 2710), which
includes, but is not limited to, classification and designation of
areas with mineral resources of statewide or regional significance,
reclamation plan and financial assurance review, mine inspection,
and enforcement.

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

(ii) Notwithstanding subdivision (j) of Section 2796.5, fees
collected pursuant to clause (i) may also be used to remediate
features of historic abandoned mines and lands that they impact.
For the purposes of this section, historic abandoned mines are
mines for which operations have been conducted before January
1, 1976, and include, but are not limited to, historic gold and silver
mines.

(5) In case of late payment of the reporting fee, a penalty of not
less than one hundred dollars ($100) or 10 percent of the amount
due, whichever is greater, plus interest at the rate of 11⁄2 percent
per month, computed from the delinquent date of the assessment
until and including the date of payment, shall be assessed. New
mining operations that have not submitted a report shall submit a
report prior to commencement of operations. The new operation
shall submit its fee according to the reasonable fee schedule
adopted by the board, and the month that the report is received
shall become that operation’s anniversary month.

(e) The lead agency, or the board when acting as the lead agency,
may impose a fee upon each mining operation to cover the
reasonable costs incurred in implementing this chapter and Chapter
9 (commencing with Section 2710).

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

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

(h) The approval of a form by the board pursuant to this section
is not the adoption of a regulation for purposes of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) and is not subject to that act.

SEC. 2.  

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

2773.1.  

(a) Lead agencies shall require financial assurances
of each surface mining operation to ensure reclamation is
performed in accordance with the surface mining operation’s
approved reclamation plan, as follows:

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

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

(3) The amount of financial assurances required of a surface
mining operation for any one year shall be reviewed and, if
necessary, adjusted once each calendar year to account for new
lands disturbed by surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the approved
reclamation plan. An operator shall be required to replace an
approved financial assurance mechanism to bond for the
reclamation of the surface mining operation only if the financial
assurance cost estimate identifies a need to increase the amount
of the financial assurance mechanism.

(4) Financial assurance cost estimates shall be submitted to the
lead agency for review on the form adopted by the board by
regulation pursuant to subdivision (f). The estimates shall include
estimates of the time needed to complete reclamation of the mine
in accordance with the approved reclamation plan, including, but
not limited to, any monitoring studies required by the reclamation
plan.

(5) The financial assurances shall be made payable to the lead
agency and the department. Financial assurances that were
approved by the lead agency prior to January 1, 1993, and were
made payable to the State Geologist shall be considered payable
to the department for purposes of this chapter. However, if a surface
mining operation has received approval of its financial assurances
from a public agency other than the lead agency, the lead agency
shall deem those financial assurances adequate for purposes of
this section, or shall credit them toward fulfillment of the financial
assurances required by this section, if they are made payable to
the public agency, the lead agency, and the department and
otherwise meet the requirements of this section. In any event, if a
lead agency and one or more public agencies exercise jurisdiction
over a surface mining operation, the total amount of financial
assurances required by the lead agency and the public agencies
for any one year shall not exceed that amount that is necessary to
perform reclamation of lands remaining disturbed. For purposes
of this paragraph, a “public agency” may include a federal agency.

(b) If the lead agency or the board, following a public hearing,
determines that the operator is financially incapable of performing
reclamation in accordance with its approved reclamation plan, or
has abandoned its surface mining operation without commencing
reclamation, either the lead agency or the director shall do all of
the following:

(1) Notify the operator by personal service or certified mail that
the lead agency or the director intends to take appropriate action
to forfeit the financial assurances and specify the reasons for so
doing.

(2) Allow the operator 60 days to commence or cause the
commencement of reclamation in accordance with its approved
reclamation plan and require that reclamation be completed within
the time limits specified in the approved reclamation plan or some
other time period mutually agreed upon by the lead agency or the
director and the operator.

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

(4) Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. The financial assurances shall not be used for
any other purpose. The operator is responsible for the costs of
conducting and completing reclamation in accordance with the
approved reclamation plan that are in excess of the proceeds from
the forfeited financial assurances.

(c) Financial assurances shall no longer be required of a surface
mining operation, and shall be released, upon written notification
by the lead agency, which shall be forwarded to the operator and
the director, that reclamation has been completed in accordance
with the approved reclamation plan. If a mining operation is sold
or ownership is transferred to another person, the existing financial
assurances shall remain in force and shall not be released by the
lead agency until new financial assurances are secured from the
new owner and have been approved by the lead agency in
accordance with Section 2770.

(d) The lead agency shall have primary responsibility to seek
forfeiture of financial assurances and to reclaim mine sites under
subdivision (b). However, in cases where the board is not the lead
agency pursuant to Section 2774.4, the director may act to seek
forfeiture of financial assurances and reclaim mine sites pursuant
to subdivision (b) only if both of the following occurs:

(1) The financial incapability of the operator or the abandonment
of the mining operation has come to the attention of the director.

(2) The lead agency has been notified in writing by the director
of the financial incapability of the operator or the abandonment
of the mining operation for at least 15 days, the lead agency has
not taken appropriate measures to seek forfeiture of the financial
assurances and reclaim the mine site, and one of the following has
occurred:

(A) The lead agency has been notified in writing by the director
that failure to take appropriate measures to seek forfeiture of the
financial assurances or to reclaim the mine site shall result in
actions being taken against the lead agency under Section 2774.4.

(B) The director determines that there is a violation that amounts
to an imminent and substantial endangerment to the public health,
safety, or to the environment.

(C) The lead agency notifies the director in writing that its good
faith attempts to seek forfeiture of the financial assurances have
not been successful.

The director shall comply with subdivision (b) in seeking
forfeiture of financial assurances and reclaiming mine sites.

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

(f) On or before March 1, 1993, the board shall adopt guidelines
to implement this section. The guidelines are exempt from the
requirements of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), and are not subject to review by the
Office of Administrative Law.

SEC. 3.  

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

2774.  

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

(b) Surface mining operations shall be inspected annually, solely
to determine whether the surface mining operation is in compliance
with its reclamation plan as described in subdivision (c) of Section
2772. The lead agency shall cause an inspection to be conducted
by a state licensed geologist, state licensed civil engineer, state
licensed landscape architect, state licensed forester, or a lead
agency employee begin delete who is a mine inspector qualified pursuant to
subdivision (h), end delete who is experienced in land reclamation and who
has not been employed by the surface mining operation being
inspected in any capacity during the previous 12 months, except
that a lead agency employee begin delete who is a qualified mine inspector end delete may
inspect surface mining operations conducted by another department
within the local agency. All inspections shall be conducted using
a form developed by the department and approved by the board
that includes the professional licensing and disciplinary information
of the person who conducted the inspection. The operator shall be
solely responsible for the reasonable cost of the inspection. The
lead agency begin delete or the inspector qualified pursuant to subdivision (h), end delete
shall provide a notice of completion of inspection to the director
within 90 days of conducting the inspection. The notice shall
contain a statement regarding the surface mining operation’s
compliance with its approved reclamation plan, as described in
subdivision (c) of Section 2772, a copy of the completed inspection
form, and which aspects of the surface mining operations, if any,
are inconsistent with its approved reclamation plan, as described
in subdivision (c) of Section 2772, and any corrective measures
recommended by the inspector. If the surface mining operation
has a review of its reclamation plan, financial assurances, or an
interim management plan pending under subdivision (b), (c), (d),
or (h) of Section 2770, or an appeal pending before the board or
lead agency governing body under subdivision (e) or (h) of Section
2770, the notice shall so indicate. The lead agency shall forward
to the operator a copy of the notice, a copy of the completed
inspection form, and any supporting documentation, including,
but not limited to, any inspection report prepared by the geologist,
civil engineer, landscape architect, forester, or begin delete mine inspector
qualified pursuant to subdivision (h) end delete begin insert lead agency employee end insert who
conducted the inspection.

(c) Before approving a surface mining operation’s reclamation
plan or financial assurances, or any amendments to the reclamation
plan and adjustments to financial assurances based on an
amendment to a reclamation plan, the lead agency shall submit
the plan, assurances, or amendments to the director for review.
The plan or amendments shall be submitted to the director as early
as practicable in order to facilitate review of the plan pursuant to
the California Environmental Quality Act (Division 13
(commencing with Section 21000)). All documentation for that
submission shall be submitted to the director at one time. When
the lead agency submits a reclamation plan or plan amendments
to the director for review, the lead agency shall also submit to the
director, for use in reviewing the reclamation plan or plan
amendments, information from any prior final related document
prepared, adopted, or certified pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000)), and shall submit any other pertinent information. The
lead agency shall certify to the director that the reclamation plan
is considered complete and in substantial compliance with the
applicable requirements of this chapter and Article 1 (commencing
with Section 3500) of Chapter 8 of Division 2 of Title 14 of the
California Code of Regulations and the lead agency’s mining
ordinance in effect at the time that the reclamation plan is submitted
to the director for review.

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

(2) The lead agency shall prepare a written response to the
director’s comments describing the disposition of the major issues
raised by the director’s comments, and submit the lead agency’s
proposed response to the director at least 30 days prior to approval
of the reclamation plan, plan amendment, or financial assurance.
The lead agency’s response to the director’s comments shall
describe whether the lead agency proposes to adopt the director’s
comments to the reclamation plan, plan amendment, or financial
assurance. If the lead agency does not propose to adopt the
director’s comments, the lead agency shall specify, in detail, why
the lead agency proposes not to adopt the comments. Copies of
any written comments received and responses prepared by the lead
agency shall be forwarded to the operator. The lead agency shall
also give the director at least 30 days’ notice of the time, place,
and date of the hearing before the lead agency at which time the
reclamation plan, plan amendment, or financial assurance is
scheduled to be approved by the lead agency. If no hearing is
required by this chapter, or by the local ordinance, or other state
law, then the lead agency shall provide 30 days’ notice to the
director that it intends to approve the reclamation plan, plan
amendment, or financial assurance. The lead agency shall send to
the director its final response to the director’s comments within
30 days following its approval of the reclamation plan, plan
amendment, or financial assurance, along with final approved
copies of those documents, during which period the department
retains all powers, duties, and authorities of this chapter.

(3) To the extent there is a conflict between the comments of a
trustee agency or a responsible agency that are based on the
agency’s statutory or regulatory authority and the comments of
other commenting agencies that are received by the lead agency
pursuant to the California Environmental Quality Act (Division
13 (commencing with Section 21000)) regarding a reclamation
plan or plan amendments, the lead agency shall consider only the
comments of the trustee agency or responsible agency.

(e) (1) If an operator does not request an inspection date on the
annual report filed pursuant to Section 2207, or if the lead agency
is unable to cause the inspection of a given surface mining
operation on the date requested by the operator, the lead agency
shall provide the operator with a minimum of five days’ written
notice of a pending inspection or a lesser time period if agreed to
by the operator.

(2) Within 30 days of an annual inspection being conducted
pursuant to this section, each operator shall provide an annual
financial assurance cost estimate, on the form developed by the
board by regulation pursuant to subdivision (f) of Section 2773.1,
to the director and the lead agency for review.

begin insert

(3) (A) Within 60 days of the receipt of an operator’s annual
financial assurance cost estimate, the lead agency shall do both
of the following:

end insert begin insert

(i) Review the annual financial assurance cost estimate for
adequacy and completeness consistent with Section 2773.1.

end insert begin insert

(ii) Submit the annual financial assurance cost estimate to the
director for review.

end insert begin insert

(B) All documentation submitted to the director pursuant to this
paragraph shall be submitted at one time.

end insert begin insert

(C) The lead agency shall provide the director with a
preliminary determination of whether the annual financial
assurance cost estimate submitted pursuant to this paragraph is
adequate and complete consistent with Section 2773.1.

end insert begin delete

(3)

end delete

begin insert (4) end insert  The director shall have 45 days from the date of receipt of
the operator’s annual financial assurance cost estimate begin insert from the
lead agency end insert to prepare written comments on the operator’s financial
assurances and provide the comments to the lead agency and the
operator. The lead agency shall have 30 days from receipt of the
director’s comments to evaluate the written comments received
from the director and provide the director and operator its proposed
response to the director. The lead agency shall accept or reject a
surface mining operation’s annual financial assurance cost estimate
within 60 days of receipt of the director’s comments or the due
date of the director’s comments if comments are not received. The
lead agency shall send to the director its final response to the
director’s comments within 30 days of its acceptance of the annual
financial assurance cost estimate.

begin delete

(4)

end delete

begin insert (5) end insert  If the lead agency determines an operator’s annual financial
assurance cost estimate is inadequate, the lead agency shall specify
the reasons for that determination. The operator shall have 30 days
to appeal that denial pursuant to subdivision (e) of Section 2770
or provide a revised financial assurance cost estimate incorporating
the suggested changes to the director and the lead agency for
approval by the lead agency.

begin delete

(5)

end delete

begin insert (6) end insert  The operator shall provide the director and the lead agency
with a revised financial assurances mechanism within 60 days of
the lead agency’s approval. An operator shall be required to replace
an approved financial assurance mechanism to bond for the
reclamation of the surface mining operation only if the financial
assurance cost estimate identifies a need to increase the amount
of the financial assurance mechanism.

(f) (1) No later than April 1 of each year, the director shall
provide each lead agency with a notice listing each active or idle
surface mining operation within the lead agency’s jurisdiction. For
each surface mining operation, the director shall request and the
lead agency shall provide to the director, on a form provided by
the director, no later than July 1 of each year, the following
information:

(A) A copy of any permit or reclamation plan amendments, as
applicable.

(B) A statement that there have been no changes during the
previous year, as applicable.

(C) The date of each surface mining operation’s last inspection.

(D) The date of each surface mining operation’s last financial
assurance review pursuant to Section 2773.1 for each operation
listed.

(2) The director shall request similar information on any new
or omitted operations, to be provided to the director no later than
July 1 of each year.

begin delete

(3) The form provided by the director shall include the
department’s current information for each operation. The notice
to each lead agency shall include a statement that failure to file
with the director the information requested pursuant to this
subdivision may be cause for action pursuant to Section 2774.4.

end delete

(g) The review and approval of financial assurances pursuant
to this section shall not be considered a project for purposes of the
California Environmental Quality Act (Division 13 (commencing
with Section 21000)).

begin delete

(h) (1) The State Geologist shall coordinate with the director,
board, lead agencies, and interested parties to develop a curriculum
for the training of mine inspectors. The curriculum shall include,
but need not be limited to, all of the following:

end delete begin delete

(A) Training on determining revegetative success.

end delete begin delete

(B) Evaluating slopes for signs of instability.

end delete begin delete

(C) How to properly use the inspection form approved by the
board.

end delete begin delete

(D) The calculation of financial assurances.

end delete begin delete

(E) Considerations for corrective measures.

end delete begin delete

(F) Other issues necessary to ensure the consistent inspection
of surface mines under this chapter.

end delete begin delete

(2) Lead agency employees who inspect

end delete

begin insert (h) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert After January 1, 2018, a lead agency employee who is
not a state-licensed geologist, state-licensed civil engineer,
state-licensed landscape architect, or a state-license forester and
who inspects end insert surface mining operations under this chapter shall
begin delete be deemed qualified mine inspectors for up to two years after the
State Geologist has finalized the curriculum pursuant to paragraph
(1) and the training has been available to lead agency employees. end delete
begin insert have completed an inspection workshop or an update workshop
provided by the director. The director shall provide an adequate
transition time period for lead agency inspectors to complete the
update workshop if it becomes necessary. end insert

begin delete

(3) A lead agency employee who has completed the training
curriculum developed pursuant to paragraph (1) shall be a qualified
mine inspector.

end delete begin delete

(4)

end delete

begin insert (2) end insert  Nothing in this subdivision shall be construed to affect or
impose qualifications or standards on employees designated by a
local, state, or federal agency to perform inspections of real
property under separate provisions of local, state, or federal law,
including, but not limited to, the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the
Water Code), the federal Clean Water Act (33 U.S.C. Sec. 1251
et seq.), and the Fish and Game Code, notwithstanding the fact
that begin insert that end insert informational addenda are submitted to lead agencies
pursuant to this chapter in addition to reclamation plans, including
materials submitted pursuant to subdivision (d) of Section 2772.

SEC. 4.  

Section 2774.2 of the Public Resources Code is
amended to read:

2774.2.  

(a) Within 30 days of the issuance of an order setting
administrative penalties under subdivision (c) of Section 2774.1,
the operator may petition that legislative body of the lead agency,
if the lead agency has issued the order, or the board for orders
issued by the director, for review of the order. If the operator does
not petition for review within the time limits set by this subdivision,
the order setting administrative penalties shall not be subject to
review by any court or agency.

(b) The legislative body of the lead agency or the board shall
notify the operator by personal service or certified mail whether
it will review the order setting administrative penalties. In
reviewing an order pursuant to this section, the record shall consist
of the record before the lead agency or the director and any other
relevant evidence which, in the judgment of the legislative body
or the board, should be considered to effectuate and implement
the policies of this chapter.

(c) The legislative body or the board may affirm, modify, or set
aside, in whole or in part, by its own order an order of the lead
agency or the director setting administrative penalties reviewed
by the legislative body or the board pursuant to this section.

(d) An order of the legislative body or the board issued under
subdivision (c) shall become effective upon its issuance unless the
operator petitions the superior court for review as provided in
subdivision (e). An order shall be served by personal service or
by certified mail upon the operator. Payment of an administrative
penalty that is specified in an order issued pursuant to subdivision
(c) shall be made to the lead agency or the director within 30 days
of service of the order. However, the payment shall be held in an
interest bearing impound account pending the resolution of a
petition for review filed pursuant to subdivision (e).

(e) An operator aggrieved by an order of the legislative body
or the board issued pursuant to subdivision (c) may obtain review
of the order by filing in the superior court a petition for writ of
mandate within 30 days following the issuance of the order. An
operator aggrieved by an order of a lead agency or the director
setting administrative penalties pursuant to subdivision (c) of
Section 2774.1, for which the legislative body or board denies
review, may obtain review of the order in the superior court by
filing in the court a petition for writ of mandate within 30 days
following the denial of review. The provisions of Section 1094.5
of the Code of Civil Procedure shall govern judicial proceedings
pursuant to this subdivision, except that in every case the court
shall exercise its independent judgment. If the operator does not
petition for a writ of mandate within the time limits set by this
subdivision, an order of the board or the legislative body shall not
be subject to review by any court or agency.

(f) (1) After the expiration of the time to petition for review
pursuant to subdivision (a) or (e), the director or the board acting
as the lead agency may apply to the small claims court or the
superior court, depending on the jurisdictional amount, in the
county where the administrative penalty was imposed for a
judgment to collect the unpaid administrative penalty imposed
pursuant to subdivision (c) of Section 2774.1. The application shall
include all of the following:

(A) The order setting the administrative penalty pursuant to
subdivision (c) of Section 2774.1.

(B) A notice to the operator of the right to petition for review
of the order.

(C) Either of the following:

(i) A declaration from the board that no petition was made or
that the board declined to review the petition.

(ii) A copy of the final order of the board.

(2) An application submitted pursuant to this subdivision shall
constitute a sufficient showing to warrant the issuance of the
judgment. The court clerk shall enter the judgment immediately
in conformity with the application.

(3) The judgment entered pursuant to this subdivision shall have
the same force and effect as, and shall be subject to all the
provisions of law relating to, a judgment in a civil action and may
be enforced in the same manner as any other judgment of the court.
The court shall make enforcement of the judgment a priority.

SEC. 5.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.