Amended in Senate March 19, 2015

Senate Bill No. 209

Introduced by Senator Pavley

February 11, 2015

An act to amend begin delete Section end delete begin insert Sections 607, 2207, 2772, 2773.1, and end insert 2774 begin delete of end delete begin insert of, and to add Sections 2006.5 and 2780 to, end insert the Public Resources Code, relating to surface mining.

LEGISLATIVE COUNSEL’S DIGEST

SB 209, as amended, Pavley. Surface mining: begin delete inspections: training. end delete begin insert inspections and financial assurances. end insert

begin insert

Existing law establishes the Office of Mine Reclamation within the Department of Conservation.

end insert begin insert

This bill would instead establish the Division of Mines within the department under the direction of the State Mine Inspector.

end insert begin delete

The Surface Mining and Reclamation Act of 1975

end delete

begin insert Existing law end insert requires the owner or operator of a mining operation to forward annually to the director and the lead agency a report that provides, among other things, proof of annual inspection by the lead begin delete agency. end delete begin insert agency and proof of financial assurances. The Surface Mining and Reclamation Act of 1975 requires the owner or operator of a mining operation to file with the lead agency reclamation plans containing specified information. The act requires the lead agency to require financial assurances of each surface mining operation. end insert The act requires a lead agency to inspect a surface mining operation within 6 months of receiving begin delete th end delete begin insert the end insert operation’s begin insert annual end insert report and to conduct an inspection no less than once every calendar year. The act authorizes a lead agency to authorize 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 require the Department of Conservation, no later than January 1, 2018, and on an ongoing basis thereafter, to offer continuing educational opportunities for lead agency employees to become certified, as appropriate, by the department to inspect surface mining operations. The bill would prohibit a lead agency that operates a surface mining operation from having an inspection performed by a lead agency employee, as specified, unless that employee has become certified as a surface mining operation inspector within the previous 2 years.

begin insert

This bill would revise the proof of financial assurances to be submitted with the annual report. The bill would define “financial assurances” to be the combination of an approved current financial assurance cost estimate and a financial assurance mechanism, as specified. The bill would require the inspections be conducted by a state licensed geologist, state licensed civil engineer, or state licensed geophysicist, as specified. The bill would authorize the lead agency and the State Mine Inspector to inspect all mining operations and, when conducting those inspections, would require certain determinations be made. The bill would require the reclamation plan to be filed on a form developed by the State Mining and Geology Board and to include a schedule with time limits for completing reclamation, in accordance with the plan, to be reviewed and confirmed by the lead agency during the annual inspections. The bill would authorize a lead agency to relinquish some or all of its duties and responsibilities under the act and other state law regulating surface mining operation and would require the State Mine Inspector to assume those duties and responsibilities relinquished by the lead agency.

end insert begin insert

This bill would state the intent of the Legislature to, among other things, modernize the Surface Mining and Reclamation Act of 1975.

end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of the Legislature to modernize the
Surface Mining and Reclamation Act of 1975 (Chapter 9
(commencing with Section 2710) of Division 2 of the Public
Resources Code) to remedy concerns and issues identified by
various stakeholders, ranging from conservation groups to mine
operators end insert begin insert to local governments. Issues that have been raised
include, but are not limited to, the following: end insert

begin insert

(a) A fair and adequate fee structure to support the Office of
Mine Reclamation.

end insert begin insert

(b) Improving compliance with the annual inspection
requirement and enforcement.

end insert begin insert

(c) Training to local governments that often serve as the lead
agency for surface mines.

end insert begin insert

(d) Ensuring the adequacy of financial assurances and
reclamation plans.

end insert begin insert

(e) Improving the professionalism of the Office of Mine
Reclamation and improving administrative efficiency and appeals
processes within the act.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 607 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

607.  

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

(a) California Geological Survey.

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

(c) Division of Land Resource Protection.

begin delete

(d) Office of Mine Reclamation.

end delete begin insert

(d) Division of Mines.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 2006.5 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 2006.5. end insert   

“State Mine Inspector” means the individual directing
the Division of Mines established pursuant to subdivision (d) of
Section 607.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

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

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 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 begin insert federal end insert Bureau of Mines 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)  begin insert (A) end insert begin insert   end insert Proof of annual inspection by the lead agency.

begin insert

(B) It is the intent of the Legislature to develop a separate
procedure for county-owned borrow pits and similar sites and the
training necessary to inspect them.

end insert

(9) Proof of begin delete financial assurances. end delete begin insert the most recently approved
financial cost estimate and the approved financial assurance cost
mechanism. end insert

(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
begin delete paragraphs (1) to (16), inclusive, of end delete 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 begin insert federal end insert Bureau of Mines, 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 reports 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 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 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 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 chapter.

begin insert

begin insert SEC. 5. 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)  begin delete The reclamation plan end delete begin insert Reclamation plans and
amended reclamation plans end insert shall be filed with the lead agency,
on a form begin delete provided by the lead agency, end delete begin insert developed by the board,
with provisions for additional information required at the
discretion of the lead agency, end insert by any person begin delete who owns, leases, or
otherwise controls or operates on all, or any portion of any, mined
lands, and who end delete begin insert or company that end insert plans to conduct surface mining
operations on begin delete the lands. end delete begin insert any land end insert begin insert . end insert

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

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

(1) The name and address of the surface mining 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 termination of
surface mining operation.

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

(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.

(6) A description of, and a plan for, the type of surface mining
to be employed, 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 uses will be accomplished,
including both of the following:

(A) A description of the manner in which contaminants will be
controlled, 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
minimizing erosion and sedimentation will occur.

(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.

begin insert

(11) A schedule with time limits for completing reclamation, in
accordance with the reclamation plan, to be reviewed and
confirmed by the lead agency during the annual inspections.

end insert begin delete

(11)

end delete

begin insert (12) end insert  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
Division 13 (commencing with Section 21000), 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 that the information or document referenced in the
reclamation plan is used to meet the requirements of subdivision
(c), the information or document shall become part of the
reclamation plan and shall be subject to all other requirements of
this article.

(e)  begin delete Nothing in this end delete begin insert This end insert section begin delete is intended to end delete begin insert does not end insert limit or
expand the begin delete department’s end delete begin insert State Mine Inspector’s end insert authority or
responsibility to review a document in accordance with Division
13 (commencing with Section 21000).

begin insert

begin insert SEC. 6. end insert   

end insert

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

2773.1.  

(a)  begin delete Lead agencies shall require end delete begin insert All surface mining
operations subject to this chapter shall have end insert financial assurances
begin delete of each surface mining operation end delete begin insert approved pursuant to this chapter end insert
to ensure reclamation begin delete is performed in accordance with the surface
mining operation’s approved reclamation plan, as follows: end delete begin insert can be
completed at any time during surface mining operations in
accordance with this chapter and the surface mining operation’s
reclamation plan. For purposes of this section, “financial
assurances” are the combination of an approved current financial
assurance cost estimate and a financial assurance mechanism that
is equal to or greater than the current financial assurance cost
estimate. end insert

(1)  begin delete Financial assurances end delete begin insert The 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 begin delete assurances end delete begin insert assurance mechanisms end insert
specified by the board pursuant to subdivision (e), which the lead
agency reasonably determines are adequate to perform reclamation
in accordance with the surface mining operation’s approved
reclamation plan.

(2) The financial begin delete assurances end delete begin insert assurance mechanism end insert 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 adjusted annually to
account for new lands disturbed by surface mining operations,
inflation, and reclamation of lands accomplished in accordance
with the approved reclamation plan.

begin delete

(4) 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 which is necessary
to perform reclamation of lands remaining disturbed. For purposes
of this paragraph, a “public agency” may include a federal agency.

end delete begin insert

(4) The financial assurance mechanism shall be made payable
to the lead agency and the department and shall not be reduced
or released without mutual written consent.

end insert

(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. In no event shall the financial assurances 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 delete which end delete begin insert that end insert 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, and 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 may 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 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 delete SECTION 1. end delete
begin insert SEC. 7. 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) (1)  begin insert (A) end insert begin insert   end insert The lead agency shall conduct an inspection of a
surface mining operation within six months of receipt by the lead
agency of the surface mining operation’s report submitted pursuant
to Section 2207, solely to determine whether the surface mining
operation is in compliance with this chapter. In no event shall a
lead agency inspect a surface mining operation less than once in
any calendar year. The lead agency begin delete may end delete begin insert shall end insert cause an inspection
to be conducted by a state licensed geologist, state licensed civil
engineer, begin delete state licensed landscape architect, end delete or state licensed
begin delete forester, end delete begin insert geophysicist, end insert who is experienced in land reclamation and
who has not been employed by a surface mining operation within
the jurisdiction of the lead agency in any capacity during the
previous 12 months. If a lead agency operates a surface mining
operation, the inspector shall not have been an employee of the
lead agency in any capacity during the previous 12 months unless,
beginning January 1, 2018, the lead agency employee has become
certified as a surface mining operation inspector within the previous
two years pursuant to paragraph (2). All inspections shall be
conducted using a form developed by the department and approved
by the board that shall include 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 notify the
director within 30 days of the date of completion of the inspection
that the inspection has been conducted. The notice shall contain a
statement regarding the surface mining operation’s compliance
with this chapter, shall include a copy of the completed inspection
form, and shall specify which aspects of the surface mining
operations, if any, are inconsistent with this chapter. 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, begin delete landscape architect, or
forester, end delete begin insert or geophysicist, end insert who conducted the inspection.

begin insert

(B) It is the intent of the Legislature to define which aspects of
an inspection constitute the professional practice of geology and
engineering requiring certification by an appropriate professional.

end insert

(2) No later than January 1, 2018, and on an ongoing basis
thereafter, the department shall offer continuing educational
opportunities for lead agency employees to become certified, as
appropriate, by the department to inspect surface mining operations.

begin delete

(c) Before approving a surface mining operation’s reclamation
plan, financial assurances, including existing financial assurances
reviewed by the lead agency pursuant to subdivision (c) of Section
2770, or any amendments, the lead agency shall submit the plan,
assurances, or amendments to the director for review. 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 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 in 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.

end delete begin insert

(c) In addition to subdivision (a), lead agencies or the State
Mine Inspector may inspect all mining operations to determine if
the operation is in compliance with this chapter and Section 2207.
In conducting the inspection, the lead agencies or the State Mine
Inspector shall determine all of the following:

end insert begin insert

(1) If the mining operation is in compliance with its approved
reclamation plan.

end insert begin insert

(2) If adequate and appropriate financial assurances have been
established for the mining operation.

end insert begin insert

(3) If the mining operation has complied with any notice of
violation or order to correct.

end insert

(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 during which period the
department retains all powers, duties, and authorities of this
chapter.

(3) To the extent that 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 which 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) A lead agency shall notify the director of the filing of an
application for a permit to conduct surface mining operations
within 30 days of an application being filed with the lead agency.
By July 1, 1991, each lead agency shall submit to the director for
every active or idle mining operation within its jurisdiction, a copy
of the mining permit required pursuant to Section 2774, and any
conditions or amendments to those permits. By July 1 of each
subsequent year, the lead agency shall submit to the director for
each active or idle mining operation a copy of any permit or
reclamation plan amendments, as applicable, or a statement that
there have been no changes during the previous year. Failure to
file with the director the information required under this section
shall be cause for action under Section 2774.4.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 2780 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 2780. end insert   

A lead agency may unilaterally and voluntarily relinquish
any or all of its duties and responsibilities under this chapter. The
State Mine Inspector shall assume the duties and responsibilities
relinquished by the lead agency.

end insert