BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1142 (Gray) - Mining and geology: surface mining.
          
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          |Version: August 18, 2015        |Policy Vote: N.R. & W. 8 - 0    |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 27, 2015   |Consultant: Marie Liu           |
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          *********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
             The following information is revised to reflect amendments 
                     adopted by the committee on August 27, 2015


          Bill  
          Summary:  AB 1142 would establish a new process by which the  
          director of the Department of Conservation (DOC) can review  
          reclamation plans and financial assurances under the Surface  
          Mining and Reclamation Act 


          Fiscal  
          Impact:  Unknown costs to the Surface Mining and Reclamation  
          Account (special) for additional review by the director of  
          reclamation plans and financial assurances.


          Author  
          Amendments:  
           Require the director of DOC to report to the Legislature  
            regarding the expenditures of the Mine Reclamation Account by  
            December 31, 2021







          AB 1142 (Gray)                                         Page 1 of  
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           Delete existing requirements regarding the lead agency's  
            review of a reclamation plan


           Modify the basis for which a person can appeal a lead agency's  
            actions to the board


           Modify the basis for which the director may appeal a lead  
            agency's approval of a financial assurance cost estimate 


           Modify  the basis by which the board is to consider an appeal


           Modify requirements regarding submission of a reclamation plan  
            or plan amendment for review to the director


           Modify the information that must be submitted to the director  
            when a reclamation is approved


           Specify the times limitations on the director's review of  
            financial assurances and other process requirements


           Specify that an operator must provide an annual financial  
            assurance cost estimate to the lead agency if the lead agency  
            has not conducted an inspection by a date requested. 


           Specify additional inspection requirements and inspection  
            reporting requirements.


           Require the DOC to establishing a training program for all  
            surface mine inspectors.


           Specify the notification information that is required if the  
            lead agency or director issue a notice of violation to an  








          AB 1142 (Gray)                                         Page 2 of  
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            operator, including necessary actions to correct the  
            violations. 


           Allow the director or lead agency to enter into a stipulated  
            order to comply with a notice of violation


           Specifies when violations may impact whether the operation is  
            approved to fulfill state contracts 


           Adds specificity as to what situations and under what process  
            the board may exercise some or all of lead agency's powers  
            including allowing the lead agency to respond to the board's  
            issues and allowing the lead agency to develop a remedial plan


           Technical and clarifying changes




          Committee  
          Amendments:  Add contingent enactment language to SB 209  
          (Pavley) 


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