Amended in Senate July 1, 2015

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, begin insert 2715.5, 2733, 2770, 2772, end insert 2773.1, 2774, and 2774.2 of begin insert , and to add Sections 2736, 2772.1, and 2773.4 to, end insert 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.

begin insert

This bill would revise and recast provisions of the act related to the approval of reclamation plans and, among other things, would require a reclamation plan filed by an operator of a surface mining operation with a lead agency to include specified reclamation maps; require a lead agency, when submitting a proposed reclamation plan to the Director of Conservation, to incorporate specified items of information and documents in the submitted reclamation plan within certain timeframes; and, require the director to take certain actions upon receiving a proposed reclamation plan. By adding to the duties of a local government acting as a lead agency under the act, this bill would impose a state-mandated local program.

end insert

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 begin delete mine and end delete begin insert mine; end insert 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 begin delete assurance end delete begin insert assurance; require a lead agency to submit a surface mining operation’s proposed financial assurance cost estimate to the director for review, as specified; and, require the director to take certain actions upon receiving a financial assurance cost estimate from a lead agency end insert . By adding to the duties of begin delete local agencies, end delete begin insert a local government acting as a lead agency under the act, end insert this bill would impose a state-mandated local program.

begin insert

This bill also would require a lead agency or the State Mining and Geology Board to conduct a specified public hearing if the lead agency has evidence that an operator may be financially incapable of performing reclamation in accordance with its approved reclamation plan or that the operator has abandoned a surface mining operation without completing reclamation and to take appropriate actions to seize the operator’s financial assurances if warranted following that hearing.

end insert

(2) The act requires the owner or operator of a mining operation to forward annually to the begin delete Director of Conservation end delete begin insert director end insert 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 begin delete agency, end delete begin insert agency; end insert authorize a lead agency to cause an inspection to be conducted by an unlicensed employee of the lead agency who meets specified criteria and who, after January 1, 2018, has completed an inspection workshop, as begin delete provided, end delete begin insert provided; end insert impose new requirements on the lead agency related to the timing of begin delete inspections, end delete begin insert inspections; end insert impose timelines on a lead agency related to the submission of an application for a permit to conduct a surface mining begin delete operation, end delete begin insert operation; end insert and require the director to provide an inspection workshop and update workshop for lead agency employees who inspect surface mining operations after January 1, 2018. 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2715.5 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

2715.5.  

(a) The Cache Creek Resource Management Plan, in
conjunction with a site specific plan deemed consistent by the lead
agency with the Cache Creek Resource Management Plan, until
December 31, 2017, shall be considered to be a functional
equivalent of a reclamation plan for the purposes of this chapter.
No other reclamation plan shall be required to be reviewed and
approved for any excavation project subject to the Cache Creek
Resource Management Plan that is conducted in conformance with
an approved site specific plan that is consistent with the Cache
Creek Resource Management begin delete Plan, end delete begin insert Plan end insert and the standards
specified in that plan governing erosion control, channel
stabilization, habitat restoration, flood control, or infrastructure
maintenance, if that plan is reviewed and approved by a lead
agency pursuant to this chapter.

(b) For begin insert the end insert purposes of this section, the board of supervisors of
the county in which the Cache Creek Resource Management Plan
is to be implemented shall prepare and file the annual report
required to be prepared pursuant to Section 2207.

(c) Nothing in this section precludes an enforcement action by
the board or the department brought pursuant to this chapter or
Section 2207 if the lead agency or the director determines that a
surface mining operator, acting under the authority of the Cache
Creek Resource Management Plan, is not in compliance with the
requirements of this chapter or Section 2207.

(d)  begin delete “Site end delete begin insert For purposes of this section, “site end insert specific begin delete plan,” for
the purposes of this section, end delete begin insert plan end insert begin insert ” end insert means an individual project
plan approved by the lead agency that is consistent with the Cache
Creek Resource Management Plan. Site specific plans prepared
in conformance with the Cache Creek Resource Management Plan
shall begin delete , at a minimum, end delete include begin insert , at a minimum, end insert the information
required pursuant to subdivision (c) of Section 2772, shall comply
with the requirements of Article 9 (commencing with Section
3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of
the California Code of Regulations, and shall be provided along
with a financial assurance estimate to the department for review
and comment pursuant to Section begin delete 2774. end delete begin insert 2772.1 or 2773.4, as
applicable. end insert Notwithstanding the number of days authorized by
begin delete paragraph (1) of end delete subdivision begin delete (d) end delete begin insert (b) end insert of Section begin delete 2774, end delete begin insert 2772.1 or
subdivision (c) of Section 2773.4, end insert the department shall review the
site specific plan and the financial assurance estimate and prepare
any written comments within 15 days from the date of receipt of
the plan and the estimate.

(e) Prior to engaging in an excavation activity in conformance
with the Cache Creek Resource Management Plan, a surface mining
operation shall be required to obtain financial assurances that meet
the requirements of Section 2773.1.

(f) This section shall remain in effect only until December 31,
2017, and as of that date is repealed, unless a later enacted statute
that is enacted before December 31, 2017, deletes or extends that
date.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2733 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

2733.  

“Reclamation” means the combined process of land
treatment that minimizes water degradation, air pollution, damage
to aquatic or wildlife habitat, flooding, erosion, and other adverse
effects from surface mining operations, including adverse surface
effects incidental to underground mines, so that mined lands are
reclaimed to a usable condition begin delete which end delete begin insert that end insert is readily adaptable for
alternate land uses and create no danger to public health or safety.
The process may extend to affected lands surrounding mined lands,
and may require backfilling, grading, resoiling, revegetation, soil
compaction, begin insert slope end insert stabilization, or other measures.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2736 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 2736. end insert   

“Financial assurances” means a current approved
financial assurance cost estimate and a financial assurance
mechanism that is at least equal to the current approved financial
assurance cost estimate.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 2770 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

2770.  

(a) Except as provided in this section, a person shall not
conduct surface mining operations unless a permit is obtained
from, a reclamation plan has been submitted to and approved by,
and financial assurances for reclamation have been approved begin delete by, end delete
begin insert by end insert the lead agency for the operation pursuant to this article.

(b) A person with an existing surface mining operation who has
vested rights pursuant to Section 2776 and who does not have an
approved reclamation plan shall submit a reclamation plan to the
lead agency not later than March 31, 1988. If a reclamation plan
application is not on file by March 31, 1988, the continuation of
the surface mining operation is prohibited until a reclamation plan
is submitted to the lead agency. For begin insert the end insert purposes of this
subdivision, a reclamation plan begin insert existing prior to January 1, 2016, end insert
may consist of all or the appropriate sections of any plans or written
agreements previously approved by the lead agency or another
agency, together with any additional documents needed to
substantially meet the requirements of Sections 2772 and 2773
and the lead agency surface mining ordinance adopted pursuant
to subdivision (a) of Section 2774, provided that all begin delete documents end delete
begin insert documents, end insert which together were proposed to serve as the
reclamation begin delete plan end delete begin insert plan, end insert are submitted for approval to the lead
agency in accordance with this chapter.

begin delete

(c) If a person with an existing surface mining operation has
received lead agency approval of its financial assurances for
reclamation prior to January 1, 1991, the lead agency shall
administratively review those existing financial assurances in
accordance with subdivision (d) prior to January 1, 1992. The
review of existing financial assurances shall not be considered a
project for purposes of Division 13 (commencing with Section
21000). A person with an existing surface mining operation that
does not have financial assurances that received lead agency
approval prior to January 1, 1991, shall submit financial assurances
for reclamation for review in accordance with subdivision (d).

end delete begin insert

(c) The review of financial assurances shall not be considered
a project for purposes of the California Environmental Quality
Act (Division 13 (commencing with Section 21000)).

end insert

(d) The lead agency’s review of a reclamation plan submitted
pursuant to subdivision (b) or of financial assurances pursuant to
subdivision (c) is limited to whether the plan or the financial
assurances substantially meet the applicable requirements of
Sections 2772, 2773, begin delete and end delete 2773.1, begin insert and 2773.3 end insert and the lead agency
surface mining ordinance adopted pursuant to subdivision (a) of
Section 2774, but, in any event, the lead agency shall require that
financial assurances for reclamation be sufficient to perform
reclamation of lands remaining disturbed. Reclamation plans or
financial assurances determined to substantially meet these
requirements shall be approved by the lead agency for purposes
of this chapter. Reclamation plans or financial assurances
determined not to substantially meet these requirements shall be
returned to the operator within 60 days. The operator has 60 days
to revise the plan or financial assurances to address identified
deficiencies, at which time the revised plan or financial assurances
shall be returned to the lead agency for review and approval. Except
as specified in subdivision (e) or (i), unless the operator has filed
on or before July 1, 1990, an appeal pursuant to subdivision (e)
with regard to nonapproval of the reclamation plan, or has filed
on or before January 1, 1994, an appeal pursuant to subdivision
(e) with regard to nonapproval of financial assurances, and that
appeal is pending before the board, the continuation of the surface
mining operation is prohibited until a reclamation plan and
financial assurances for reclamation are approved by the lead
agency.

(e) A person who begin delete , based on the evidence of the record, end delete can
substantiate begin insert , based on the evidence of the record, end insert that a lead agency
has either (1) failed to act according to due process or has relied
on considerations not related to the specific applicable requirements
of Sections 2772, 2773, begin delete and end delete 2773.1, begin insert and 2773.3 end insert and the lead
agency surface mining ordinance adopted pursuant to subdivision
(a) of Section 2774, in reaching a decision to deny approval of a
reclamation plan or financial assurances for reclamation, (2) failed
to act within a reasonable time of receipt of a completed
application, or (3) failed to review and approve reclamation plans
or financial assurances as required by begin delete subdivisions (c) and end delete
begin insert subdivision end insert (d) begin insert or Sections 2772.1 and 2773.4 end insert , may appeal that
action or inaction to the board. begin insert If the director has commented
pursuant to Section 2773.4 that a financial assurance cost estimate
is inadequate, the director may appeal the lead agency’s approval
of a financial assurance cost estimate on any of the grounds
identified in this subdivision that were included in the director’s
comments pursuant to Article 7 (commencing with Section 3680)
of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the
California Code of Regulations. end insert

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

(g) Appeals that the board does not decline to hear shall be
scheduled and heard at a public hearing within 45 days of the filing
of the begin delete appeal, end delete begin insert appeal end insert or a longer period as may be mutually agreed
upon by the board and the person filing the appeal. In hearing an
appeal, the board shall only determine whether the reclamation
plan or the financial assurances substantially meet the applicable
requirements of Sections 2772, 2773, begin delete and end delete 2773.1, begin insert and 2773.3 end insert and
the lead agency surface mining ordinance adopted pursuant to
subdivision (a) of Section 2774. A reclamation plan or financial
assurances determined to meet these requirements shall be
approved begin insert or upheld end insert . A reclamation plan or financial assurances
determined not to meet these requirements shall be returned begin delete to the
person filing the appeal end delete with a notice of deficiencies, begin insert to the
operator, end insert who shall be granted, once only, a period of 30 days, or
a longer period mutually agreed upon by the operator and the
board, to correct the noted deficiencies and submit the revised
reclamation plan or the revised financial assurances to the lead
agency for review and approval.

(h) (1) Within 90 days of a surface mining operation becoming
idle, as defined in Section 2727.1, the operator shall submit to the
lead agency for review and begin delete approval, end delete begin insert approval end insert an interim
management plan. The review and approval of an interim
management plan shall not be considered a project for purposes
of begin delete Division end delete begin insert the California Environmental Quality Act (Division end insert
13 (commencing with Section begin delete 21000). end delete begin insert 21000)). end insert The approved
interim management plan shall be considered an amendment to
the surface mining operation’s approved reclamation begin delete plan, end delete begin insert plan end insert
for purposes of this chapter. The interim management plan shall
provide measures the operator will implement to maintain the site
in compliance with this chapter, including, but not limited to, all
permit conditions.

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

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

(B) Require the begin delete surface mining end delete operator to commence
reclamation in accordance with its approved reclamation plan.

(3) The financial assurances required by Section 2773.1 shall
remain in effect during the period that the surface mining operation
is idle. If the surface mining operation is still idle after the
expiration of its interim management plan, the begin delete surface mining
operation end delete begin insert operator end insert shall commence reclamation in accordance
with its approved reclamation plan.

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

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

(6) Unless review of an interim management plan is pending
before the lead begin delete agency, end delete begin insert agency end insert or an appeal is pending before the
lead agency’s governing body, a surface mining operation that
remains idle for over one year after becoming begin delete idle end delete begin insert idle, end insert as defined
in Section begin delete 2727.1 end delete begin insert 2727.1, end insert without obtaining approval of an interim
management plan shall be considered abandoned and the operator
shall commence and complete reclamation in accordance with the
approved reclamation plan.

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

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2772 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

2772.  

(a) The reclamation plan shall be filed with the lead
agency, on a form provided by the lead agency, by any person who
owns, leases, or otherwise controls or operates on begin delete all, end delete begin insert all end insert or any
portion of begin delete any, end delete begin insert any end insert mined begin delete lands, end delete begin insert lands end insert and who plans to conduct
surface mining operations on the lands.

begin delete

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

end delete begin insert

(b) The reclamation plan shall include a chart identifying the
page number, chapter, appendix, or other specific location in the
reclamation plan where content meeting the requirements, as
applicable, of Sections 2772, 2773, and 2773.3 is located.

end insert

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

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

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

(3) The proposed dates for the initiation and begin delete termination end delete begin delete of end delete
begin insert completion of reclamation activities for the end insert surface mining
operation.

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

begin delete

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

end delete begin insert

(5) A reclamation plan map or maps that shall include all of
the following:

end insert begin insert

(A) Size and legal description of the lands that will be affected
by the surface mining operation and the names and addresses of
the owners of all surface interests and mineral interests in the
lands.

end insert begin insert

(B) Clearly defined and accurately drawn property lines,
setbacks, and the reclamation plan boundary.

end insert begin insert

(C) Existing topography and final topography depicted with
contour lines drawn at appropriate intervals for the site’s
conditions.

end insert begin insert

(D) Detailed geologic description of the area of the surface
mining operation.

end insert begin insert

(E) Location of railroads, utility facilities, access roads,
temporary roads to be reclaimed, and any roads remaining for
the approved end use.

end insert begin insert

(F) All maps, diagrams, or calculations that require preparation
in accordance with the Professional Engineers Act (Chapter 7
(commencing with Section 6700) of Division 3 of the Business and
Professions Code), the Geologist and Geophysicist Act (Chapter
12.5 (commencing with Section 7800) of Division 3 of the Business
and Professions Code), or the Professional Land Surveyors’ Act
(Chapter 15 (commencing with Section 8700) of Division 3 of the
Business and Professions Code) shall be prepared by a
California-licensed professional, shall include his or her license
number and name, and shall bear the signature and seal of the
licensee.

end insert

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

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

(8) A description of the manner in which reclamation, adequate
for the proposed use or potential begin delete uses end delete begin insert uses, end insert will be accomplished,
including both of the following:

(A) A description of the manner in which begin insert known end insert contaminants
will be begin delete controlled, end delete begin insert controlled end insert and mining waste will be disposed.

(B) A description of the manner in which affected streambed
channels and streambanks will be rehabilitated to a condition
begin delete minimizing end delete begin insert that minimizes end insert erosion and begin delete sedimentation will occur. end delete
begin insert sedimentation. end insert

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

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

(11) Any other information begin delete which end delete begin insert that end insert the lead agency may
require by ordinance.

(d) An item of information or a document required pursuant to
subdivision (c) that has already been prepared as part of a permit
application for the surface mining operation, or as part of an
environmental document prepared for the project pursuant to
begin delete Division end delete begin insert the California Environmental Quality Act (Division end insert 13
(commencing with Section begin delete 21000), end delete begin insert 21000)) end insert may be included in
the reclamation plan by reference, if that item of information or
that document is attached to the reclamation plan when the lead
agency submits the reclamation plan to the director for review. To
the extent begin delete that end delete the information begin delete or end delete begin insert , end insert document begin insert , or component of a
document end insert referenced in the reclamation plan is used to meet the
requirements of subdivision (c) begin insert or Section 2773 or end insert begin insert 2773.3 end insert , the
information begin delete or end delete begin insert , end insert document begin insert , or component of a document end insert shall
become part of the reclamation plan and shall be subject to all
other requirements of this article.

(e) Nothing in this section is intended to limit or expand the
department’s authority or responsibility to review a document in
accordance with begin delete Division end delete begin insert the California Environmental Quality
Act (Division end insert 13 (commencing with Section begin delete 21000). end delete begin insert 21000)). end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 2772.1 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 2772.1. end insert   

(a) (1) Prior to approving a surface mining
operation’s reclamation plan or plan amendment, the lead agency
shall submit the reclamation plan or plan amendment to the
director for review. The reclamation plan or plan amendment shall
be submitted to the director as early as practicable in order to
facilitate the review of the reclamation plan pursuant to the
California Environmental Quality Act (Division 13 (commencing
with Section 21000)). All documentation for the submission shall
be submitted to the director at one time.

(2) An item of information, document, or component of a
document that has been prepared as part of a permit application
for the surface mining operation or as part of an environmental
document prepared for the project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000)) shall be incorporated into the reclamation plan or plan
amendment if it is used to satisfy the requirements of subdivision
(c) of Section 2772 and Sections 2773 and 2773.3, if applicable.
If an item of information, document, or component of a document
is incorporated, reference to the item shall be added to the chart
required pursuant to subdivision (b) of Section 2772 and shall be
properly indexed with the corresponding appendix reference and
page numbers, if applicable. The item shall be included in an
appendix to and shall become part of the reclamation plan or plan
amendment. A technical report created by a California-licensed
professional to support variations to the reclamation standards
adopted by the board pursuant to Section 2773 shall be included
in an appendix to the reclamation plan or plan amendment bearing
the California-licensed professional’s stamp or seal, as applicable.

(3) The lead agency shall certify to the director that the
reclamation plan or plan amendment is a complete submission
and is in substantial compliance with all of the following:

(A) The applicable requirements of this chapter.

(B) Article 1 (commencing with Section 3500) of Chapter 8 of
Division 2 of Title 14 of the California Code of Regulations.

(C) The lead agency’s surface mining ordinance in effect at the
time that the reclamation plan or plan amendment is submitted to
the director for review.

(b) (1) The director shall have 15 days from the receipt of a
reclamation plan or plan amendment to notify the lead agency and
operator if the submission is incomplete. An incomplete submission
is one that does not meet the content requirements of subdivisions
(c) and (d) of section 2772 and subdivision (a). The director’s
notice shall specifically identify all aspects of the submission that
are incomplete. If the submission is incomplete due to the failure
to include a professionally stamped copy of a technical report,
map, or diagram that is required to be prepared by a
California-licensed professional pursuant to subdivision (c) of
section 2772, the director shall request a stamped copy of the
technical report, map, or diagram only, instead of a full
resubmission of the reclamation plan or plan amendment. The
review time required pursuant to paragraph (2) shall begin when
the stamped copy of the technical report, map, or diagram is
received by the director. The director’s time to review the
reclamation plan or plan amendment shall commence upon the
receipt of a submission that contains the item or items identified
in the director’s notice to the lead agency.

(2) The director shall have 45 days from the receipt of a
complete reclamation plan or plan amendment to prepare written
comments if the director chooses. The lead agency shall review
and evaluate written comments received from the director relating
to the reclamation plan or plan amendment within a reasonable
amount of time.

(3) (A) The lead agency shall prepare a written response to the
director’s comments received pursuant to paragraph (2) describing
the disposition of the major issues raised by the comments. The
lead agency shall submit its response to the director at least 30
days prior to the intended approval of the reclamation plan or
plan amendment. The lead agency’s response shall include either
of the following:

(i) A description of how the lead agency proposes to adopt the
director’s comments to the reclamation plan or plan amendment.

(ii) A detailed description of the reasons why the lead agency
proposes not to adopt the director’s comments.

(B) Copies of any written comments received and responses
prepared by the lead agency pursuant to subparagraph (A) shall
be forwarded to the operator.

(4) (A) The lead agency shall give the director at least 30 days’
notice of the time, place, and date of the hearing at which the
reclamation plan or plan amendment is scheduled to be approved
by the lead agency.

(B) If no hearing is required by this chapter, the local ordinance,
or other state law, the lead agency shall provide 30 days’ notice
to the director that the lead agency intends to approve the
reclamation plan or plan amendment.

(5) (A) Within 60 days following approval of the reclamation
plan or plan amendment, the lead agency shall provide the director
its final response to the director’s written comments and the final
approved copies of those documents. During that time, the
department retains all of its powers, duties, and authorities
pursuant to this chapter.

(B) The lead agency’s final response shall include an index
showing permit conditions of approval and binding mitigation
measures adopted or certified pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000)) that are necessary to meet the requirements of subdivision
(c) of Section 2772 and Sections 2773 and 2773.3. Those conditions
of approval and mitigation measures shall be included in an
appendix to the reclamation plan or plan amendment and shall be
considered part of the reclamation compliance requirements and
subject to the annual inspection requirements. To the extent those
conditions of approval and mitigation measures are not subject
to separate lead agency or other state or federal agency bonding
or performance requirements, those conditions and measures shall
be subject to the financial assurances requirements of this article.

(6) No later than 60 days after the approval of the reclamation
plan or plan amendment, the lead agency shall provide an official
copy of the approved reclamation plan or plan amendment
incorporating all approved modifications to the reclamation plan
or plan amendment to the director.

(c) To the extent there is a conflict between the comments of a
trustee agency or a responsible agency that are based on that
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.

(d) Nothing in this section is intended to limit or expand the
department’s authority or responsibility to review a document in
accordance with the California Environmental Quality Act
(Division 13 (commencing with Section 21000)).

end insert

begin delete SEC. 2. end delete
begin insert SEC. 8. end insert   

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)  begin delete Financial assurances end delete begin insert A financial assurance mechanism end insert 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)  begin delete The financial assurances end delete begin insert Each financial assurance
mechanism end insert shall be made payable to the lead agency and the
department. begin delete Financial assurances that were end delete begin insert A financial assurance
mechanism shall not be released without the consent of the lead
agency and the department. A financial assurance mechanism that
was end insert approved by the lead agency prior to January 1, 1993, and
begin delete were end delete begin insert was end insert 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.

begin insert

(b) (1) If the lead agency, or the board when acting as a lead
agency, has evidence that an operator may be financially incapable
of completing reclamation in accordance with its approved
reclamation plan or that the operator may have abandoned the
surface mining operation without completing reclamation, the lead
agency or board shall conduct a public hearing to determine
whether the operator is financially capable of completing
reclamation in accordance with the approved reclamation plan
or has abandoned the surface mining operation. The hearing shall
be noticed to the operator and the director at least 30 days prior
to the hearing.

end insert begin delete

(b)

end delete

begin insert (2) end insert  If the lead agency or the board, following begin delete a public hearing, end delete
begin insert the public hearing conducted pursuant to paragraph (1), end insert
determines that the operator is financially incapable of performing
reclamation in accordance with its approved reclamation begin delete plan, end delete
begin insert plan end insert or has abandoned its surface mining operation without
begin delete commencing end delete begin insert completing end insert reclamation, either the lead agency or
the director shall do all of the following:

begin delete

(1)

end delete

begin insert (A) end insert  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.

begin delete

(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)

end delete

begin insert (B) end insert  Proceed to take appropriate action to require forfeiture of
the financial begin delete assurances if the operator does not substantially
comply with paragraph (2). end delete begin insert assurances. end insert

begin delete

(4)

end delete

begin insert (C) end insert  Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. begin insert If the surface mining operation cannot be
reclaimed in accordance with its approved reclamation plan, or
the financial assurances are inadequate to reclaim in accordance
with its approved reclamation plan, the lead agency or director
may use seized financial assurances to reclaim or remediate mining
disturbances as appropriate for the site conditions as determined
by both the lead agency and the director. end insert 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 begin insert or a remediation
plan developed pursuant to this section as determined appropriate
by both the lead agency and the director end insert 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 begin insert the end insert written
begin delete notification by end delete begin insert concurrence of end insert the lead agency begin insert and the director end insert ,
which shall be forwarded to the operator and the begin delete director, end delete
begin insert institutions providing or holding the financial assurance
mechanism, end insert that reclamation has been completed in accordance
with the approved reclamation plan. If a begin insert surface end insert 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 begin insert and the director end insert until new financial assurances
are secured from the new owner and have been approved by the
lead agency in accordance with begin delete Section 2770. end delete begin insert Sections 2770,
2773.1, and 2773.4. Within 90 days of the sale or transfer of the
surface mining operation, the new operator shall establish or
maintain an appropriate financial assurance mechanism and sign
a new statement of reclamation responsibility in accordance with
paragraph (10) of subdivision (c) of Section 2772. end insert

(d) The lead agency shall have primary responsibility to seek
forfeiture of financial assurances and to reclaim mine sites begin delete under end delete
begin insert pursuant to end insert subdivision (b). However, begin delete in cases where end delete begin insert if end insert 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 begin insert surface end insert 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 begin insert surface end insert 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
begin delete tests, end delete begin insert tests end insert or surety bonds executed by one or more personal
sureties. These mechanisms may include reclamation bond pool
programs.

(f)  begin delete On or before March 1, 1993, the end delete begin insert The end insert begin insert end insert board shall adopt begin insert or
revise end insert guidelines to implement this section begin insert as necessary end insert . 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.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 2773.4 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 2773.4. end insert   

(a) (1) Prior to approving the financial assurances
for a new reclamation plan or adjustments to financial assurances
based on an amendment to a reclamation plan, the lead agency
shall submit the financial assurance cost estimate to the director
for review.

(2) The lead agency shall provide the director with a preliminary
determination of whether the financial assurance cost estimate
submitted pursuant to paragraph (1) is adequate, complete, and
consistent with Section 2773.1.

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

(b) No later than 15 days after receiving a financial assurance
cost estimate, the director shall notify the lead agency and the
operator if the submission is incomplete. An incomplete submission
is one that does not meet the content requirements of Section
2773.1. The director’s notice shall specifically identify all aspects
of the submission that are incomplete. The director’s time to review
the financial assurance cost estimate shall commence upon the
receipt of a submission that contains the aspects identified in the
director’s notice to the lead agency.

(c) (1) The director shall have 45 days from the date of receipt
of a complete financial assurance cost estimate to prepare written
comments if the director chooses.

(2) The lead agency shall evaluate written comments received
from the director relating to the financial assurances within a
reasonable amount of time. 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.

(3) The lead agency shall submit its proposed response to the
director at least 30 days prior to approval of the financial
assurance cost estimate. The lead agency’s response shall include
either of the following:

(A) A description of how the lead agency proposes to adopt the
director’s comments to the financial assurance cost estimate.

(B) A detailed description of the reasons why the lead agency
proposes to reject the director’s comments.

(4) Copies of any written comments received and responses
prepared by the lead agency shall be forwarded to the operator.

(5) (A) The lead agency shall give the director at least 30 days’
notice of the time, place, and date of the hearing at which the
financial assurance cost estimate is scheduled to be approved by
the lead agency. If no hearing is required by this chapter, local
ordinance, or other state law, then the lead agency shall provide
30 days’ notice to the director that it intends to approve the
financial assurance cost estimate.

(B) The lead agency shall send to the director its final response
to the director’s comments within 30 days following its approval
of the financial assurance cost estimate, during which time the
department retains all of its powers, duties, and authority pursuant
to this chapter.

(d) (1) Within 30 days of an annual inspection being conducted
pursuant to Section 2774, an operator shall provide an annual
financial assurance cost estimate to the lead agency for review.

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

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

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

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

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

(5) Within 15 days of receiving an annual financial assurance
cost estimate, the director shall notify the lead agency and the
operator if the submission is incomplete. An incomplete submission
is one that does not meet the content requirements of Section
2773.1. The director’s notice shall specifically identify all aspects
of the submission that are incomplete. The director’s time to review
the annual financial assurance cost estimate shall commence upon
the receipt of a submission that contains the aspects identified in
the director’s notice to the lead agency.

(6) (A) Within 45 days of receiving an operator’s complete
annual financial assurance cost estimate from the lead agency,
the director shall prepare written comments on the operator’s
financial assurances and provide the comments to the lead agency
and the operator, if the director so chooses.

(B) Within 30 days from receiving the director’s written
comments pursuant to this subdivision, the lead agency shall
evaluate the written comments and provide the director and
operator its proposed response to the director.

(C) Within 60 days of receiving the director’s written comments,
or the due date of the director’s written comments if they are not
received, the lead agency shall accept or reject an operator’s
annual financial assurance cost estimate. In approving a financial
assurance cost estimate, the lead agency, with the concurrence of
the operator, may modify the financial assurance cost estimate as
necessary to correct deficiencies identified by the director or lead
agency.

(D) Within 30 days of the lead agency’s acceptance of the
annual financial assurance cost estimate, the lead agency shall
send the director its final response to the director’s comments.

(7) 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.

(e) (1) Within 30 days of the lead agency’s approval of a
financial assurance cost estimate pursuant to this section, the
operator shall provide the lead agency and the director an
appropriate financial assurance mechanism. The operator shall
provide this financial assurance mechanism even if the director
has appealed the approval pursuant to subdivision (e) of section
2770.

(2) Within 15 days of receiving a financial assurance mechanism
pursuant to this subdivision, the lead agency and the director shall
review the financial assurance mechanism to determine if the type
of mechanism, including the release instructions, meets the
requirements of this chapter.

(3) A financial assurance mechanism utilizing any of the forms
provided as Appendix D, Appendix E-1, Appendix E-2, Appendix
E-3, and Appendix F to the guidelines adopted by the board
pursuant to subdivision (f) of section 2773.1 shall be deemed to
meet the requirements of this chapter. A financial assurance
mechanism considered by the lead agency or the director to not
meet the requirements of this chapter shall be returned to the
operator with correction instructions as to the type and release
language of the financial assurance mechanism.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 10. end insert   

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 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 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 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 lead agency
employee who conducted the inspection.

begin delete

(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.

end delete begin delete

(e) (1) 

end delete

begin insert (c) end insert begin insert   end insert If an operator does not request an inspection date on the
annual report filed pursuant to Section begin delete 2207, end delete begin insert 2207 end insert 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.

begin delete

(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.

(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:

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

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

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

(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.

(4) The director shall have 45 days from the date of receipt of
the operator’s annual financial assurance cost estimate from the
lead agency 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.

(5) 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.

(6) 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)

end delete

begin insert (d) end insert  (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 begin delete year, end delete begin insert year end insert 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

(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)).

end delete begin delete

(h)

end delete

begin insert (e) end insert  (1) 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 surface mining operations under this chapter shall
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.

(2) 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 that 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.

begin delete SEC. 4. end delete
begin insert SEC. 11. end insert   

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.

begin delete SEC. 5. end delete
begin insert SEC. 12. end insert   

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.