Amended in Assembly July 7, 2015

Amended in Senate May 12, 2015

Amended in Senate March 19, 2015

Senate BillNo. 209


Introduced by Senator Pavley

February 11, 2015


An act to amend Sections 607, 2207,begin insert 2714, 2733, 2770,end insert 2772, 2773.1,begin delete andend delete 2774begin insert, 2774.1, 2774.4, and 2776end insert of, and to addbegin delete Sectionend deletebegin insert Sectionsend insert 2006.5begin insert, 2736, 2772.1, and 2773.4end insert to, the Public Resources Code, relating to surface mining.

LEGISLATIVE COUNSEL’S DIGEST

SB 209, as amended, Pavley. Surface mining:begin delete inspections andend deletebegin insert inspections:end insert financial assurancesbegin insert: reclamation plansend insert.

(1) Existing law establishes the Office of Mine Reclamation within the Department of Conservation.begin insert Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on the operators of all active and idle mining operations. Existing law requires the maximum amount of the annual fee imposed on each mining operation to not exceed $4,000. Existing law limits the maximum amount of the total revenue generated from the reporting fee to no more than $3,500,000, as specified.end insert

This bill would instead establish the Division of Mines within the department under the direction of thebegin delete State Mine Inspector.end deletebegin insert Supervisor of Mines and Reclamation. The bill also would raise the maximum amount of the annual reporting fee to $10,000 per mining operation, except as specified. The bill would raise the maximum amount of the total revenue generated from the reporting fee to $8,000,000, as specified.end insert

begin delete

(2) Existing law requires the owner or operator of a surface 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 agency and proof of financial assurances. The Surface Mining and Reclamation Act of 1975 requires the owner or operator of a surface mining operation to file with the lead agency a reclamation plan containing specified information. The act requires the lead agency to require financial assurances of each surface mining operation. The act requires a lead agency to inspect a surface mining operation within 6 months of receiving the operation’s annual 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.

end delete
begin delete

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.

end delete
begin delete

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 surface 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 department and approved 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 inspection.

end delete
begin delete

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

end delete
begin insert

(2) 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.

end insert
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 final 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 final 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
begin insert

This bill also would require a lead agency or the board to conduct a specified public hearing if the lead agency has evidence that an operator is 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.

end insert
begin insert

This bill would revise and recast provisions of the act related to the proof of financial assurances, as defined, and, among other things, would require an operator to establish an appropriate financial assurance mechanism within 30 days of a sale or transfer of a surface mining operation; require a lead agency to submit a surface mining operation’s proposed financial assurance cost estimate with a specified report 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. 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
begin insert

This bill would require the Department of Conservation and the board, in consultation with Board of Professional Engineers and Land Surveyors, to adopt regulations that set forth the minimum qualifications for a person conducting an inspection of a surface mining operation, as specified. The bill also would require the department to establish, no later than July 1, 2016, a training program for all surface mine inspectors, as specified.

end insert
begin insert

(3) 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.

end insert
begin insert

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

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

begin delete
P4    1

SECTION 1.  

It is the intent of the Legislature to modernize
2the Surface Mining and Reclamation Act of 1975 (Chapter 9
3(commencing with Section 2710) of Division 2 of the Public
4Resources Code) to remedy concerns and issues identified by
5various stakeholders, ranging from conservation groups to mine
6operators to local governments. Issues that have been raised
7include, but are not limited to, the following:

8(a) A fair and adequate fee structure to support the Office of
9Mine Reclamation.

10(b) Improving compliance with the annual inspection
11requirement and enforcement.

12(c) Training to local governments that often serve as the lead
13agency for surface mines.

14(d) Ensuring the adequacy of financial assurances and
15reclamation plans.

16(e) Improving the professionalism of the Office of Mine
17Reclamation and improving administrative efficiency and appeals
18processes within the act.

end delete
19

begin deleteSEC. 2.end delete
20begin insertSECTION 1.end insert  

Section 607 of the Public Resources Code is
21amended to read:

22

607.  

The work of the department shall be divided into at least
23the following:

24(a) California Geological Survey.

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

26(c) Division of Land Resource Protection.

27(d) Division of Mines.

P5    1

begin deleteSEC. 3.end delete
2begin insertSEC. 2.end insert  

Section 2006.5 is added to the Public Resources Code,
3to read:

4

2006.5.  

begin delete“State Mine Inspector” end deletebegin insert“Supervisor of Mines and
5Reclamation” end insert
means the individual directing the Division of Mines
6established pursuant to subdivision (d) of Section 607.

7

begin deleteSEC. 4.end delete
8begin insertSEC. 3.end insert  

Section 2207 of the Public Resources Code is amended
9to read:

10

2207.  

(a) The owner or the operator of a mining operation
11within the state shall forward to the director annually, not later
12than a date established by the director, upon forms approved by
13the board from time to time, a report that identifies all of the
14following:

15(1) The name, address, and telephone number of the person,
16company, or other owner of the mining operation.

17(2) The name, address, and telephone number of a designated
18agent who resides in this state, and who will receive and accept
19service of all orders, notices, and processes of the lead agency,
20board, director, or court.

21(3) The location of the mining operation, its name, its mine
22number as issued by the Division of Mines or the director, its
23section, township, range, latitude, longitude, and approximate
24boundaries of the mining operation marked on a United States
25Geological Survey 712-minute or 15-minute quadrangle map.

26(4) The lead agency.

27(5) The approval date of the mining operation’s reclamation
28plan.

29(6) The mining operation’s status as active, idle, reclaimed, or
30in the process of being reclaimed.

31(7) The commodities produced by the mine and the type of
32mining operation.

33(8) begin delete(A)end deletebegin deleteend deleteProof of annual inspection by the lead agency.

begin delete

34(B) It is the intent of the Legislature to develop a separate
35procedure for county-owned borrow pits and similar sites and the
36training necessary to inspect them.

end delete

37(9) Proof of the most recently approved financial cost estimate
38and the approved financial assurance cost mechanism.

P6    1(10) Ownership of the property, including government agencies,
2if applicable, by the assessor’s parcel number, and total assessed
3value of the mining operation.

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

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

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

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

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

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

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

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

28(c) Subsequent reports shall include only changes in the
29information submitted for the items described in subdivision (a),
30except that, instead of the approved reclamation plan, the reports
31shall include any reclamation plan amendments approved during
32the previous year. The reports shall state whether review of a
33reclamation plan, financial assurances, or an interim management
34plan is pending under subdivisionbegin delete (b), (c), (d),end deletebegin insert (b)end insert or (h) of Section
352770, or whether an appeal before the board or lead agency
36governing body is pending under subdivision (e) or (h) of Section
372770. The director shall notify the person submitting the report
38and the owner’s designated agent in writing that the report and the
39fee required pursuant to subdivision (d) have been received, specify
40the mining operation’s mine number if one has not been issued by
P7    1the Division of Mines, and notify the person and agent of any
2deficiencies in the report within 90 days of receipt. That person
3or agent shall have 30 days from receipt of the notification to
4correct the noted deficiencies and forward the revised report to the
5director and the lead agency. Any person who fails to comply with
6this section, or knowingly provides incorrect or false information
7in reports required by this section, may be subject to an
8administrative penalty as provided in subdivision (c) of Section
92774.1.

10(d) (1) The board shall impose, by regulation, pursuant to
11paragraph (2), an annual reporting fee on, and method for collecting
12annual fees from, each active or idle mining operation. The
13maximum fee for any single mining operation may not exceedbegin delete fourend delete
14begin insert tenend insert thousand dollarsbegin delete ($4,000)end deletebegin insert ($10,000)end insert annually and may not be
15less than one hundred dollars ($100) annually, as adjusted for the
16cost of living as measured by the California Consumer Price Index
17for all urban consumers, calendar year averages, using the
18percentage change in the previous year,begin delete beginning with the
192005-06 fiscal year and annually thereafter.end delete
begin insert except that the
20maximum fee for any single mining operation shall not exceed six
21thousand dollars ($6,000) in the 2016-17 fiscal year and eight
22thousand dollars ($8,000) in the 2017-18 fiscal year.end insert

23(2) (A) The board shall adopt, by regulation, a schedule of fees
24authorized under paragraph (1) to cover the department’s cost in
25carrying out this section and Chapter 9 (commencing with Section
262710), as reflected in the Governor’s proposed Budget, and may
27adopt those regulations as emergency regulations. In establishing
28the schedule of fees to be paid by each active and idle mining
29operation, the fees shall be calculated on an equitable basis
30reflecting the size and type of operation. The board shall also
31consider the total assessed value of the mining operation, the
32acreage disturbed by mining activities, and the acreage subject to
33the reclamation plan.

34(B) Regulations adopted pursuant to this subdivision shall be
35adopted by the board in accordance with the Administrative
36Procedure Act (Chapter 3.5 (commencing with Section 11340) of
37Part 1 of Division 3 of Title 2 of the Government Code). The
38adoption of any emergency regulations pursuant to this subdivision
39shall be considered necessary to address an emergency and shall
40be considered by the Office of Administrative Law to be necessary
P8    1for the immediate preservation of the public peace, health, safety,
2and general welfare.

3(3) The total revenue generated by the reporting fees may not
4exceed, and may be less than, the amount ofbegin delete three million five
5hundred thousandend delete
begin insert eight millionend insert dollarsbegin delete ($3,500,000)end deletebegin insert ($8,000,000)end insert,
6as adjusted for the cost of living as measured by the California
7Consumer Price Index for all urban consumers, calendar year
8averages, using the percentage change in the previous year,
9beginning with thebegin delete 2005-06end deletebegin insert 2016-17end insert fiscal year and annually
10thereafter. If the director determines that the revenue collected
11during the preceding fiscal year was greater or less than the cost
12to operate the program, the board shall adjust the fees to
13compensate for the overcollection or undercollection of revenues.

14(4) (A) The reporting fees established pursuant to this
15subdivision shall be deposited in the Mine Reclamation Account,
16which is hereby created. Any fees, penalties, interest, fines, or
17charges collected by the director or board pursuant to this chapter
18or Chapter 9 (commencing with Section 2710) shall be deposited
19in the Mine Reclamation Account. The money in the account shall
20be available to the department and board, upon appropriation by
21the Legislature, for the purpose of carrying out this section and
22complying with Chapter 9 (commencing with Section 2710), which
23includes, but is not limited to, classification and designation of
24areas with mineral resources of statewide or regional significance,
25reclamation plan and financial assurance review, mine inspection,
26and enforcement.

27(B) (i) In addition to reporting fees, the board shall collect five
28dollars ($5) per ounce of gold and ten cents ($0.10) per ounce of
29silver mined within the state and shall deposit the fees collected
30in the Abandoned Mine Reclamation and Minerals Fund
31Subaccount, which is hereby created in the Mine Reclamation
32Account. The department may expend the moneys in the
33subaccount, upon appropriation by the Legislature, for only the
34purposes of Section 2796.5 and as authorized herein for the
35remediation of abandoned mines.

36(ii) Notwithstanding subdivision (j) of Section 2796.5, fees
37collected pursuant to clause (i) may also be used to remediate
38features of historic abandoned mines and lands that they impact.
39For the purposes of this section, historic abandoned mines are
40mines for which operations have been conducted before January
P9    11, 1976, and include, but are not limited to, historic gold and silver
2mines.

3(5) In case of late payment of the reporting fee, a penalty of not
4less than one hundred dollars ($100) or 10 percent of the amount
5due, whichever is greater, plus interest at the rate of 112 percent
6per month, computed from the delinquent date of the assessment
7until and including the date of payment, shall be assessed. New
8mining operations that have not submitted a report shall submit a
9report prior to commencement of operations. The new operation
10shall submit its fee according to the reasonable fee schedule
11adopted by the board, and the month that the report is received
12shall become that operation’s anniversary month.

13(e) The lead agency, or the board when acting as the lead agency,
14may impose a fee upon each mining operation to cover the
15reasonable costs incurred in implementing this chapter and Chapter
169 (commencing with Section 2710).

17(f) For purposes of this section, “mining operation” means a
18mining operation of any kind or character whatever in this state,
19including, but not limited to, a mining operation that is classified
20as a “surface mining operation” as defined in Section 2735, unless
21excepted by Section 2714. For the purposes of fee collections only,
22“mining operation” may include one or more mines operated by
23a single operator or mining company on one or more sites, if the
24total annual combined mineral production for all sites is less than
25 100 troy ounces for precious metals, if precious metals are the
26primary mineral commodity produced, or less than 100,000 short
27tons if the primary mineral commodity produced is not precious
28metals.

29(g) Any information in reports submitted pursuant to subdivision
30(a) that includes or otherwise indicates the total mineral production,
31reserves, or rate of depletion of any mining operation may not be
32disclosed to any member of the public, as defined in subdivision
33(b) of Section 6252 of the Government Code. Other portions of
34the reports are public records unless excepted by statute. Statistical
35bulletins based on these reports and published under Section 2205
36shall be compiled to show, for the state as a whole and separately
37for each lead agency, the total of each mineral produced therein.
38In order not to disclose the production, reserves, or rate of depletion
39from any identifiable mining operation, no production figure shall
40be published or otherwise disclosed unless that figure is the
P10   1aggregated production of not less than three mining operations. If
2the production figure for any lead agency would disclose the
3production, reserves, or rate of depletion of less than three mining
4operations or otherwise permit the reasonable inference of the
5production, reserves, or rate of depletion of any identifiable mining
6operation, that figure shall be combined with the same figure of
7not less than two other lead agencies without regard to the location
8of the lead agencies. The bulletin shall be published annually by
9June 30 or as soon thereafter as practicable.

10(h) The approval of a form by the board pursuant to this section
11is not the adoption of a regulation for purposes of the
12Administrative Procedure Act (Chapter 3.5 (commencing with
13Section 11340) of Part 1 of Division 3 of Title 2 of the Government
14Code) and is not subject to that act.

15begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 2714 of the end insertbegin insertPublic Resources Codeend insertbegin insert is amended
16to read:end insert

17

2714.  

This chapter does not apply to any of the following
18activities:

19(a) Excavations or grading of lands conducted for farming.

20(b) Onsite excavation and onsite earthmoving activities that are
21begin delete anend delete integral and necessarybegin delete part of aend deletebegin insert for theend insert constructionbegin delete projectend deletebegin insert of
22structuresend insert
and that are undertaken to prepare a site forbegin insert theend insert
23 construction ofbegin insert thoseend insert structures,begin delete landscaping,end deletebegin insert including landscapingend insert
24 or other land improvements associated with those structures,
25including the related excavation, grading, compaction, or the
26creation of fills, road cuts, and embankments, whether or not
27surplus materials are exported from the site, subject to all of the
28following conditions:

29(1) All required permits for thebegin delete construction, landscaping,end delete
30begin insert construction and any associated landscapingend insert or related land
31improvements have been approved by a public agency in
32accordance with applicable provisions of state law and locally
33adopted plans and ordinances, including, but not limited to,
34begin delete Divisionend deletebegin insert the California Environmental Quality Act (Divisionend insert 13
35(commencing with Sectionbegin delete 21000).end deletebegin insert 21000)).end insert

36(2) The lead agency’s approval of the construction project
37included consideration of the onsite excavation and onsite
38earthmoving activities pursuant tobegin delete Divisionend deletebegin insert the California
39Environmental Quality Act (Divisionend insert
13 (commencing with Section
40begin delete 21000).end deletebegin insert 21000)).end insert

P11   1(3) The approved construction project is consistent with the
2general plan or zoning of the site.

3(4) Surplus materials shall not be exported from the site unless
4and until actual construction work has commenced and shall cease
5if it is determined that construction activities have terminated, have
6been indefinitely suspended, or are no longer being actively
7pursued.

8(c) Operation of a plant site used for mineral processing,
9including associated onsite structures, equipment, machines, tools,
10or other materials, including the onsite stockpiling and onsite
11recovery of mined materials, subject to all of the following
12conditions:

13(1) The plant site is located on lands designated for industrial
14or commercial uses in the applicable county or city general plan.

15(2) The plant site is located on lands zoned industrial or
16begin delete commercial,end deletebegin insert commercialend insert or are contained within a zoning category
17intended exclusively for industrial activities by the applicable city
18or county.

19(3) None of the minerals being processed are being extracted
20onsite.

21(4) All reclamation work has been completed pursuant to the
22approved reclamation plan for any mineral extraction activities
23that occurred onsite after January 1, 1976.

24(d) Prospectingbegin delete for,end deletebegin insert forend insert or the extractionbegin delete of,end deletebegin insert ofend insert minerals for
25 commercial purposes where the removal of overburden or mineral
26product totals less than 1,000 cubic yards in any onebegin delete location,end delete
27begin insert locationend insert and the total surface area disturbed is less than one acre.

28(e) Surface mining operations that are required by federal law
29in order to protect a mining claim, if those operations are conducted
30solely for that purpose.

31(f) Any other surface mining operations that thebegin delete board, as
32defined by Section 2008,end delete
begin insert boardend insert determines to be of an infrequent
33nature and that involve only minor surface disturbances.

34(g) The solar evaporation of sea water or bay water for the
35production of salt and related minerals.

36(h) Emergency excavations or grading conducted by the
37Department of Water Resources or the Reclamationbegin insert Central Valley
38Flood Protectionend insert
Board for the purpose of averting, alleviating,
39repairing, or restoring damage to property due to imminent or
40recent floods, disasters, or other emergencies.

P12   1(i) (1) Surface mining operations conducted on lands owned
2or leased, or upon which easements or rights-of-way have been
3obtained, by the Department of Water Resources for the purpose
4of the State Water Resources Development System or flood control,
5and surface mining operations on lands owned or leased, or upon
6which easements or rights-of-way have been obtained, by the
7begin delete Reclamationend deletebegin insert Central Valley Flood Protectionend insert Board for the purpose
8of flood control, if the Department of Water Resources adopts,
9after submission to and consultation with, thebegin delete Department of
10Conservation,end delete
begin insert department,end insert a reclamation plan for lands affected
11by these activities, and those lands are reclaimed in conformance
12with the standards specified in regulations of the board adopted
13pursuant to this chapter. The Department of Water Resources shall
14provide an annual report to thebegin delete Department of Conservationend delete
15begin insert departmentend insert by the date specified by thebegin delete Department of
16Conservationend delete
begin insert departmentend insert on these mining activities.

17(2) Nothing in this subdivision shall require the Department of
18Water Resources or thebegin delete Reclamationend deletebegin insert Central Valley Flood
19Protectionend insert
Board to obtain a permit or secure approval of a
20reclamation plan from any city or county in order to conduct
21surface mining operations specified in paragraph (1). Nothing in
22this subdivision shall preclude the bringing of an enforcement
23action pursuant to Section 2774.1, if it is determined that a surface
24mine operator, acting under contract with the Department of Water
25Resources or the Reclamationbegin insert Central Valley Flood Protectionend insert
26 Board on lands other than those owned or leased, or upon which
27easements or rights-of-way have been obtained, by the Department
28of Water Resources or the Reclamationbegin insert Central Valley Flood
29Protectionend insert
Board, is otherwise not in compliance with this chapter.

30(j) (1) Excavations or grading for the exclusive purpose of
31obtaining materials for roadbed construction and maintenance
32conducted in connection with timber operations or forest
33management on land owned by the same person or entity. This
34exemption is limited to excavation and grading that is conducted
35adjacent to timber operation or forest management roads and shall
36not apply to onsite excavation or grading that occurs within 100
37feet of a Class One watercourse or 75 feet of a Class Two
38watercourse, or to excavation for materials that are, or have been,
39sold for commercial purposes.

P13   1(2) This exemption shall be available only if slope stability and
2erosion are controlled in accordance with subdivision (f) of Section
33704 and subdivision (d) of Section 3706 of Title 14 of the
4California Code of Regulations and, upon closure of the site, the
5person closing the site implements, where necessary, revegetation
6measures and postclosure uses in consultation with the Department
7of Forestry and Fire Protection.

8(k) Excavations, grading, or other earthmoving activities in an
9oil or gas field that are integralbegin delete to,end deletebegin insert toend insert and necessarybegin delete for,end deletebegin insert forend insert ongoing
10operations for the extraction of oil or gas that comply with all of
11the following conditions:

12(1) The operations are being conducted in accordance with
13Division 3 (commencing with Section 3000).

14(2) The operations are consistent with any general plan or zoning
15applicable to the site.

16(3) The earthmoving activities are within oil or gas field
17properties under a common owner or operator.

18(4) No excavated materials are sold for commercial purposes.

19(l) (1) The immediate excavation or grading of lands affected
20by a natural disaster for the purpose of restoring those lands to
21their prior condition.

22(2) The immediate removal of material deposited by a flood
23onto lands being farmed for the purpose of restoring those lands
24to their prior condition.

25begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 2733 of the end insertbegin insertPublic Resources Codeend insertbegin insert is amended
26to read:end insert

27

2733.  

“Reclamation” means the combined process of land
28treatment that minimizes water degradation, air pollution, damage
29to aquatic or wildlife habitat, flooding, erosion, and other adverse
30effects from surface mining operations, including adverse surface
31effects incidental to underground mines, so that mined lands are
32reclaimed to a usable conditionbegin delete whichend deletebegin insert thatend insert is readily adaptable for
33alternate land uses and create no danger to public health or safety.
34The process may extend to affected lands surrounding mined lands,
35and may require backfilling, grading, resoiling, revegetation, soil
36compaction,begin insert slopeend insert stabilization, or other measures.

37begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 2736 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
38to read:end insert

begin insert
39

begin insert2736.end insert  

“Financial assurance” means an approved current
40financial assurance cost estimate and a financial assurance
P14   1mechanism that is at least equal to the current approved financial
2assurance cost estimate.

end insert
3begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 2770 of the end insertbegin insertPublic Resources Codeend insertbegin insert is amended
4to read:end insert

5

2770.  

(a) Except as provided in this section, a person shall not
6conduct surface mining operations unless a permit is obtained
7from, a reclamation plan has been submitted to and approved by,
8and financial assurances for reclamation have been approvedbegin delete by,end delete
9begin insert byend insert the lead agency for the operation pursuant to this article.

10(b) A person with an existing surface mining operation who has
11vested rights pursuant to Section 2776 and who does not have an
12approved reclamation plan shall submit a reclamation plan to the
13lead agency not later than March 31, 1988. If a reclamation plan
14application is not on file by March 31, 1988, the continuation of
15the surface mining operation is prohibited until a reclamation plan
16is submitted to the lead agency.begin delete For purposes of this subdivision,
17a reclamation plan may consist of all or the appropriate sections
18of any plans or written agreements previously approved by the
19lead agency or another agency, together with any additional
20documents needed to substantially meet the requirements of
21Sections 2772 and 2773 and the lead agency surface mining
22ordinance adopted pursuant to subdivision (a) of Section 2774,
23provided that all documents which together were proposed to serve
24as the reclamation plan are submitted for approval to the lead
25agency in accordance with this chapter.end delete

begin delete

26(c) If a person with an existing surface mining operation has
27received lead agency approval of its financial assurances for
28reclamation prior to January 1, 1991, the lead agency shall
29administratively review those existing financial assurances in
30accordance with subdivision (d) prior to January 1, 1992. The
31review of existing financial assurances shall not be considered a
32project for purposes of Division 13 (commencing with Section
3321000). A person with an existing surface mining operation that
34does not have financial assurances that received lead agency
35approval prior to January 1, 1991, shall submit financial assurances
36for reclamation for review in accordance with subdivision (d).

end delete
begin delete

37(d) The lead agency’s review of a reclamation plan submitted
38pursuant to subdivision (b) or of financial assurances pursuant to
39subdivision (c) is limited to whether the plan or the financial
40assurances substantially meet the applicable requirements of
P15   1Sections 2772, 2773, and 2773.1, and the lead agency surface
2mining ordinance adopted pursuant to subdivision (a) of Section
32774, but, in any event, the lead agency shall require that financial
4assurances for reclamation be sufficient to perform reclamation
5of lands remaining disturbed. Reclamation plans or financial
6assurances determined to substantially meet these requirements
7shall be approved by the lead agency for purposes of this chapter.
8Reclamation plans or financial assurances determined not to
9substantially meet these requirements shall be returned to the
10operator within 60 days. The operator has 60 days to revise the
11plan or financial assurances to address identified deficiencies, at
12which time the revised plan or financial assurances shall be
13returned to the lead agency for review and approval. Except as
14specified in subdivision (e) or (i), unless the operator has filed on
15or before July 1, 1990, an appeal pursuant to subdivision (e) with
16regard to nonapproval of the reclamation plan, or has filed on or
17before January 1, 1994, an appeal pursuant to subdivision (e) with
18regard to nonapproval of financial assurances, and that appeal is
19pending before the board, the continuation of the surface mining
20operation is prohibited until a reclamation plan and financial
21assurances for reclamation are approved by the lead agency.

end delete
begin insert

22(c) [Reserved]

end insert
begin insert

23(d) [Reserved]

end insert

24(e) A person who, based on the evidence of the record, can
25substantiate that a lead agency has either (1) failed to act according
26to due process or has relied on considerations not related to the
27specific applicable requirements of Sections 2772, 2773, and
282773.1, and the lead agency surface mining ordinance adopted
29 pursuant to subdivision (a) of Section 2774, in reaching a decision
30to deny approval of a reclamation plan or financial assurances for
31reclamation,begin insert orend insert (2) failed to act within a reasonable time of receipt
32of a completed application, begin delete or (3) failed to review and approve
33reclamation plans or financial assurances as required by
34subdivisions (c) and (d),end delete
may appeal that action or inaction to the
35board.

36(f) The board may decline to hear an appeal if it determines that
37the appeal raises no substantial issues related to the lead agency’s
38review pursuant to this section.

39(g) Appeals that the board does not decline to hear shall be
40scheduled and heard at a public hearing within 45 days of the filing
P16   1of thebegin delete appeal,end deletebegin insert appealend insert or a longer period as may be mutually agreed
2upon by the board and the person filing the appeal. In hearing an
3appeal, the board shall only determine whether the reclamation
4plan or the financial assurancesbegin delete substantiallyend delete meet the applicable
5requirements of Sections 2772, 2773, andbegin delete 2773.1,end deletebegin insert 2773.1end insert and the
6lead agency surface mining ordinance adopted pursuant to
7subdivision (a) of Section 2774. A reclamation plan or financial
8assurances determined to meet these requirements shall be
9approved. A reclamation plan or financial assurances determined
10not to meet these requirements shall be returned to the person filing
11the appeal with a notice of deficiencies, who shall bebegin delete granted,end delete
12begin insert grantedend insert oncebegin delete only,end deletebegin insert onlyend insert a period of 30 days, or a longer period
13mutually agreed upon by the operator and the board, to correct the
14noted deficiencies and submit the revised reclamation plan or the
15 revised financial assurances to the lead agency for review and
16approval.

17(h) (1) Within 90 days of a surface mining operation becoming
18idle, as defined in Section 2727.1, the operator shall submit to the
19lead agency for review andbegin delete approval,end deletebegin insert approvalend insert an interim
20management plan. The review and approval of an interim
21management plan shall not be considered a project for purposes
22ofbegin delete Divisionend deletebegin insert the California Environmental Quality Act (Divisionend insert
23 13 (commencing with Sectionbegin delete 21000).end deletebegin insert 21000)).end insert The approved
24interim management plan shall be considered an amendment to
25the surface mining operation’s approved reclamationbegin delete plan,end deletebegin insert planend insert
26 for purposes of this chapter. The interim management plan shall
27provide measures the operator will implement to maintain the site
28in compliance with this chapter, including, but not limited to, all
29permit conditions.

30(2) The interim management plan may remain in effect for a
31period not to exceed five years, at which time the lead agency shall
32do one of the following:

33(A) Renew the interim management plan for an additional period
34not to exceed five years, which may be renewed for one additional
35five-year renewal period at the expiration of the first five-year
36renewal period, if the lead agency finds that the surface mining
37operator has complied fully with the interim management plan.

38(B) Require thebegin delete surface miningend delete operator to commence
39reclamation in accordance with its approved reclamation plan.

P17   1(3) The financial assurances required by Section 2773.1 shall
2remain in effect during the period that the surface mining operation
3is idle. If the surface mining operation is still idle after the
4expiration of its interim management plan, the surface mining
5operation shall commence reclamation in accordance with its
6approved reclamation plan.

7(4) Within 60 days of the receipt of the interim management
8begin delete plan,end deletebegin insert planend insert or a longer period mutually agreed upon by the lead
9agency and the operator, the lead agency shall review and approve
10the plan in accordance with its ordinance adopted pursuant to
11subdivision (a) of Section 2774, so long as the plan satisfies the
12requirements of this subdivision, and so notify the operator in
13writing. Otherwise, the lead agency shall notify the operator in
14writing of any deficiencies in the plan. The operator shall have 30
15days, or a longer period mutually agreed upon by the operator and
16the lead agency, to submit a revised plan.

17(5) The lead agency shall approve or deny approval of the
18revised interim management plan within 60 days of receipt. If the
19lead agency denies approval of the revised interim management
20plan, the operator may appeal that action to the lead agency’s
21governing body, which shall schedule a public hearing within 45
22days of the filing of thebegin delete appeal,end deletebegin insert appealend insert or a longer period mutually
23agreed upon by the operator and the governing body.

24(6) Unless review of an interim management plan is pending
25before the leadbegin delete agency,end deletebegin insert agencyend insert or an appeal is pending before the
26lead agency’s governing body, a surface mining operation that
27remains idle for over one year after becomingbegin delete idleend deletebegin insert idle,end insert as defined
28in Sectionbegin delete 2727.1end deletebegin insert 2727.1,end insert without obtaining approval of an interim
29management plan shall be considered abandoned and the operator
30shall commence and complete reclamation in accordance with the
31approved reclamation plan.

32(i) An enforcement action that may be brought against a surface
33mining operation for operating without an approved reclamation
34plan, financial assurance, or interim management plan shall be
35held in abeyance pending review pursuant to subdivisionbegin delete (b), (c),
36(d),end delete
begin insert (b)end insert or (h), or the resolution of an appeal filed with the board
37pursuant to subdivision (e), or with a lead agency governing body
38pursuant to subdivision (h).

begin delete
39

SEC. 5.  

Section 2772 of the Public Resources Code is amended
40to read:

P18   1

2772.  

(a) Reclamation plans and amended reclamation plans
2shall be filed with the lead agency, on a form developed by the
3department and approved by the board, with provisions for
4additional information required at the discretion of the lead agency,
5by any person or company that plans to conduct surface mining
6operations on any land.

7(b) All documentation for the reclamation plan shall be
8submitted by the lead agency to the department at one time.

9(c) The reclamation plan shall include all of the following
10information and documents:

11(1) The name and address of the surface mining operator and
12the names and addresses of any persons designated by the operator
13as an agent for the service of process.

14(2) The anticipated quantity and type of minerals for which the
15surface mining operation is to be conducted.

16(3) The proposed dates for the initiation and termination of
17surface mining operation.

18(4) The maximum anticipated depth of the surface mining
19operation.

20(5) The size and legal description of the lands that will be
21affected by the surface mining operation, a map that includes the
22boundaries and topographic details of the lands, a description of
23the general geology of the area, a detailed description of the
24geology of the area in which surface mining is to be conducted,
25the location of all streams, roads, railroads, and utility facilities
26within, or adjacent to, the lands, the location of all proposed access
27roads to be constructed in conducting the surface mining operation,
28and the names and addresses of the owners of all surface interests
29and mineral interests in the lands.

30(6) A description of, and a plan for, the type of surface mining
31to be employed, and a time schedule that will provide for the
32completion of surface mining on each segment of the mined lands
33so that reclamation can be initiated at the earliest possible time on
34those portions of the mined lands that will not be subject to further
35disturbance by the surface mining operation.

36(7) A description of the proposed use or potential uses of the
37mined lands after reclamation and evidence that all owners of a
38possessory interest in the land have been notified of the proposed
39use or potential uses.

P19   1(8) A description of the manner in which reclamation, adequate
2for the proposed use or potential uses will be accomplished,
3including both of the following:

4(A) A description of the manner in which contaminants will be
5controlled, and mining waste will be disposed.

6(B) A description of the manner in which affected streambed
7channels and streambanks will be rehabilitated to a condition
8minimizing erosion and sedimentation will occur.

9(9) An assessment of the effect of implementation of the
10reclamation plan on future mining in the area.

11(10) A statement that the person submitting the reclamation
12plan accepts responsibility for reclaiming the mined lands in
13accordance with the reclamation plan.

14(11) A schedule with time limits for completing reclamation,
15in accordance with the reclamation plan, to be reviewed and
16confirmed by the lead agency during the annual inspection.

17(12) Any other information that the lead agency may require
18by ordinance.

19(d) An item of information or a document required pursuant to
20subdivision (c) that has already been prepared as part of a permit
21application for the surface mining operation, or as part of an
22environmental document prepared for the project pursuant to the
23 California Environmental Quality Act (Division 13 (commencing
24with Section 21000)), may be included in the reclamation plan by
25reference, if that item of information or that document is attached
26to the reclamation plan when the lead agency submits the
27reclamation plan to the director for review. To the extent that the
28information or document referenced in the reclamation plan is used
29to meet the requirements of subdivision (c), the information or
30document shall become part of the reclamation plan and shall be
31subject to all other requirements of this article.

32(e) This section does not limit or expand the State Mine
33Inspector’s authority or responsibility to review a document in
34accordance with the California Environmental Quality Act
35(Division 13 (commencing with Section 21000)).

end delete
36begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 2772 of the end insertbegin insertPublic Resources Codeend insertbegin insert is amended
37to read:end insert

38

2772.  

(a) The reclamation plan shall be filed with the lead
39agency, on a form provided by the lead agency, by any person who
40owns, leases, or otherwise controls or operates onbegin delete all,end deletebegin insert allend insert or any
P20   1portion ofbegin delete any,end deletebegin insert anyend insert minedbegin delete lands,end deletebegin insert landsend insert and who plans to conduct
2surface mining operations on the lands.

begin delete

3(b) All documentation for the reclamation plan shall be
4submitted by the lead agency to the department at one time.

end delete
begin insert

5(b) [Reserved]

end insert

6(c) The reclamation plan shall include all of the following
7information and documents:

8(1) The name and address of the surface mining operator and
9the names and addresses of any persons designated by the operator
10as an agent for the service of process.

11(2) The anticipated quantity and type of minerals for which the
12surface mining operation is to be conducted.

13(3) The proposed dates for the initiationbegin insert of mining operationsend insert
14 andbegin delete terminationend deletebegin insert the completionend insertbegin insert of mining andend insertbegin insert reclamationend insert ofbegin insert theend insert
15 surface mining operation.

16(4) The maximum anticipated depth of the surface mining
17operation.

begin delete

18(5) The size and legal description of the lands that will be
19affected by the surface mining operation, a map that includes the
20boundaries and topographic details of the lands, a description of
21the general geology of the area, a detailed description of the
22geology of the area in which surface mining is to be conducted,
23the location of all streams, roads, railroads, and utility facilities
24within, or adjacent to, the lands, the location of all proposed access
25roads to be constructed in conducting the surface mining operation,
26and the names and addresses of the owners of all surface interests
27and mineral interests in the lands.

end delete
begin insert

28(5) A reclamation plan map or maps that shall include all of
29the following:

end insert
begin insert

30(A) Size and legal description of the lands that will be affected
31by the surface mining operation and the names and addresses of
32the owners of all surface interests and mineral interests in the
33lands.

end insert
begin insert

34(B) Clearly defined and accurately drawn property lines,
35setbacks, easements, and the reclamation plan boundary.

end insert
begin insert

36(C) Existing topography and final topography depicted with
37contour lines drawn at appropriate intervals for the site’s
38conditions.

end insert
begin insert

39(D) Detailed geologic description of the area of the surface
40mining operation.

end insert
begin insert

P21   1(E) Location of railroads, utility facilities, access roads,
2temporary roads to be reclaimed, and any roads remaining for
3the approved end use.

end insert
begin insert

4(F) All maps, diagrams, or calculations that require preparation
5in accordance with the Professional Engineers Act (Chapter 7
6(commencing with Section 6700) of Division 3 of the Business and
7Professions Code), the Geologist and Geophysicist Act (Chapter
812.5 (commencing with Section 7800) of Division 3 of the Business
9and Professions Code), or the Professional Land Surveyors’ Act
10(Chapter 15 (commencing with Section 8700) of Division 3 of the
11Business and Professions Code) shall be prepared by a
12California-licensed professional, shall include his or her license
13number and name, and shall bear the signature and seal of the
14licensee.

end insert

15(6) A descriptionbegin delete of,end deletebegin insert ofend insert and a planbegin delete for,end deletebegin insert forend insert the type of surface
16mining to bebegin delete employed,end deletebegin insert employedend insert and a time schedule that will
17provide for the completion of surface mining on each segment of
18the mined lands so that reclamation can be initiated at the earliest
19possible time on those portions of the mined lands that will not be
20subject to further disturbance by the surface mining operation.

21(7) A description of the proposed use or potential uses of the
22mined lands after reclamation and evidence that all owners of a
23possessory interest in the land have been notified of the proposed
24use or potential uses.

25(8) A description of the manner in which reclamation, adequate
26for the proposed use or potentialbegin delete usesend deletebegin insert uses,end insert will be accomplished,
27including both of the following:

28(A) A description of the manner in whichbegin insert knownend insert contaminants
29will bebegin delete controlled,end deletebegin insert controlledend insert and mining waste will be disposed.

30(B) A description of the manner in which affected streambed
31channels and streambanks will be rehabilitated to a condition
32begin delete minimizingend deletebegin insert that minimizesend insert erosion andbegin delete sedimentation will occur.end delete
33begin insert sedimentation.end insert

34(9) An assessment of the effect of implementation of the
35reclamation plan on future mining in the area.

36(10) A statement that the person submitting the reclamation
37plan accepts responsibility for reclaiming the mined lands in
38accordance with the reclamation plan.

39(11) Any other informationbegin delete whichend deletebegin insert thatend insert the lead agency may
40require by ordinance.

P22   1(d) An item of information or a document required pursuant to
2begin insert this chapter, includingend insert subdivisionbegin delete (c)end deletebegin insert (c),end insert that has already been
3prepared as part of a permit application for the surface mining
4operation, or as part of an environmental document prepared for
5the project pursuant tobegin delete Divisionend deletebegin insert the California Environmental
6Quality Act (Divisionend insert
13 (commencing with Sectionbegin delete 21000), mayend delete
7begin insert 21000)), or required as a condition of approval, shallend insert be included
8in the reclamationbegin delete plan by reference, if that item of information
9or that document is attached to the reclamation plan when the lead
10agency submits the reclamation plan to the director for review.end delete

11begin insert plan. Regulatory aspects that are solely of a local concern shall
12not be included in the reclamation plan.end insert
To the extentbegin delete thatend delete the
13information or document referenced in the reclamation plan is used
14to meet the requirements ofbegin insert this chapter, includingend insert subdivision
15(c), the information or document shall become part of the
16reclamation plan and shall be subject to all other requirements of
17thisbegin delete article.end deletebegin insert chapter.end insert

18(e) begin deleteNothing in this section is intended to end deletebegin insertThis section does not end insert
19limit or expand thebegin delete department’send deletebegin insert Supervisor of Mines and
20Reclamation’send insert
authority or responsibility to review a document in
21accordance withbegin delete Divisionend deletebegin insert the California Environmental Quality
22Act (Divisionend insert
13 (commencing with Sectionbegin delete 21000).end deletebegin insert 21000)).end insert

begin delete
23

SEC. 6.  

Section 2773.1 of the Public Resources Code is
24amended to read:

25

2773.1.  

(a) All surface mining operations subject to this chapter
26shall have financial assurances approved pursuant to this chapter
27to ensure reclamation can be completed at any time during surface
28mining operations in accordance with this chapter and the surface
29mining operation’s reclamation plan. For purposes of this section,
30“financial assurances” are the combination of an approved current
31financial assurance cost estimate and a financial assurance
32mechanism that is equal to or greater than the current financial
33assurance cost estimate.

34(1) The financial assurance mechanism may take the form of
35surety bonds executed by an admitted surety insurer, as defined
36in subdivision (a) of Section 995.120 of the Code of Civil
37Procedure, irrevocable letters of credit, trust funds, or other forms
38of financial assurance mechanisms specified by the board pursuant
39to subdivision (e) that the lead agency reasonably determines are
P23   1adequate to perform reclamation in accordance with the surface
2mining operation’s approved reclamation plan.

3(2) The financial assurance mechanism shall remain in effect
4for the duration of the surface mining operation and any additional
5period until reclamation is completed.

6(3) The amount of financial assurances required of a surface
7mining operation for any one year shall be adjusted annually to
8account for new lands disturbed by surface mining operations,
9inflation, and reclamation of lands accomplished in accordance
10 with the approved reclamation plan.

11(4) The financial assurance mechanism shall be made payable
12to the lead agency and the department and shall not be reduced or
13released without mutual written consent.

14(b) If the lead agency or the board, following a public hearing,
15determines that the operator is financially incapable of performing
16reclamation in accordance with its approved reclamation plan, or
17has abandoned its surface mining operation without commencing
18reclamation, either the lead agency or the director shall do all of
19the following:

20(1) Notify the operator by personal service or certified mail that
21the lead agency or the director intends to take appropriate action
22to forfeit the financial assurances and specify the reasons for so
23doing.

24(2) Allow the operator 60 days to commence or cause the
25commencement of reclamation in accordance with its approved
26reclamation plan and require that reclamation be completed within
27the time limits specified in the approved reclamation plan or some
28other time period mutually agreed upon by the lead agency or the
29director and the operator.

30(3) Proceed to take appropriate action to require forfeiture of
31the financial assurances if the operator does not substantially
32comply with paragraph (2).

33(4) Use the proceeds from the forfeited financial assurances to
34conduct and complete reclamation in accordance with the approved
35reclamation plan. The financial assurances shall not be used for
36any other purpose. The operator is responsible for the costs of
37conducting and completing reclamation in accordance with the
38approved reclamation plan that are in excess of the proceeds from
39the forfeited financial assurances.

P24   1(c) Financial assurances shall no longer be required of a surface
2mining operation, and shall be released, upon written notification
3by the lead agency, which shall be forwarded to the operator and
4the director, that reclamation has been completed in accordance
5with the approved reclamation plan. If a mining operation is sold
6or ownership is transferred to another person, the existing financial
7assurances shall remain in force and shall not be released by the
8lead agency until new financial assurances are secured from the
9new owner and have been approved by the lead agency in
10accordance with Section 2770.

11(d) The lead agency shall have primary responsibility to seek
12forfeiture of financial assurances and to reclaim mine sites under
13subdivision (b). However, in cases where the board is not the lead
14agency pursuant to Section 2774.4, the director may act to seek
15forfeiture of financial assurances and reclaim mine sites pursuant
16to subdivision (b) only if both of the following occurs:

17(1) The financial incapability of the operator or the abandonment
18of the mining operation has come to the attention of the director.

19(2) The lead agency has been notified in writing by the director
20of the financial incapability of the operator or the abandonment
21of the mining operation for at least 15 days, the lead agency has
22not taken appropriate measures to seek forfeiture of the financial
23assurances and reclaim the mine site, and one of the following has
24occurred:

25(A) The lead agency has been notified in writing by the director
26that failure to take appropriate measures to seek forfeiture of the
27 financial assurances or to reclaim the mine site shall result in
28actions being taken against the lead agency under Section 2774.4.

29(B) The director determines that there is a violation that amounts
30to an imminent and substantial endangerment to the public health,
31safety, or to the environment.

32(C) The lead agency notifies the director in writing that its good
33faith attempts to seek forfeiture of the financial assurances have
34not been successful.

35The director shall comply with subdivision (b) in seeking
36forfeiture of financial assurances and reclaiming mine sites.

37(e) The board may adopt regulations specifying financial
38assurance mechanisms other than surety bonds, irrevocable letters
39of credit, and trust funds, which the board determines are
40reasonably available and adequate to ensure reclamation pursuant
P25   1to this chapter, but these mechanisms shall not include financial
2tests, or surety bonds executed by one or more personal sureties.
3These mechanisms may include reclamation bond pool programs.

4(f) On or before March 1, 1993, the board shall adopt guidelines
5to implement this section. The guidelines are exempt from the
6requirements of the Administrative Procedure Act (Chapter 3.5
7(commencing with Section 11340) of Part 1 of Division 3 of Title
82 of the Government Code), and are not subject to review by the
9 Office of Administrative Law.

end delete
10begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 2772.1 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
11to read:end insert

begin insert
12

begin insert2772.1.end insert  

(a) (1) Prior to approving a surface mining
13operation’s reclamation plan or plan amendments, the lead agency
14shall submit the proposed final reclamation plan or amendments
15to the director for review. All documentation for the submission
16shall be submitted to the director at one time.

17(2) An item of information or a document required pursuant to
18this chapter, including subdivision (c) of Section 2772, that has
19been prepared as part of a permit application for the surface
20mining operation, not including aspects that are solely of a local
21concern, or as part of an environmental document prepared for
22the project pursuant to the California Environmental Quality Act
23(Division 13 (commencing with Section 21000)) shall be
24 incorporated into the proposed final reclamation plan. An item of
25information or a document that is incorporated shall be inserted
26into the corresponding section of the proposed final reclamation
27plan or attached to the proposed final reclamation plan with a
28specific reference in the corresponding section of the proposed
29final reclamation plan. Any information or document incorporated
30into the proposed final reclamation plan shall become part of the
31approved reclamation plan and shall be subject to all other
32requirements of this article.

33(3) The lead agency shall certify to the director that the
34proposed final reclamation plan is a complete submission and is
35in compliance with all of the following:

36(A) The applicable requirements of this chapter, including
37subdivision (c) of Section 2772.

38(B) Article 1 (commencing with Section 3500) of Chapter 8 of
39Division 2 of Title 14 of the California Code of Regulations.

P26   1(C) The lead agency’s surface mining ordinance in effect at the
2time that the proposed final reclamation plan is submitted to the
3director for review.

4(b) (1) The director shall have 30 days from the date of receipt
5of a proposed final reclamation plan or plan amendments submitted
6pursuant to subdivision (a) to prepare written comments if the
7director chooses.

8(2) If the director determines that the lead agency’s submission
9pursuant to this subdivision (a) is incomplete or that the submission
10includes maps, diagrams or calculations that require preparation
11by a California licensed professional, the director shall return the
12submission to the lead agency. The director shall identify the
13incomplete components or those maps, diagrams, or calculations
14that require completion by a California licensed professional. The
15review by the director pursuant to paragraph (1) shall not begin
16until the director receives a complete submission, including maps,
17diagrams, or calculations prepared by a California licensed
18professional.

19(3) (A) The lead agency shall review and evaluate and prepare
20a written response to the director’s comments received pursuant
21to paragraph (1) describing the disposition of the major issues
22raised by the comments. The lead agency shall submit the lead
23agency’s response to the director at least 30 days prior to the
24intended approval of the proposed final reclamation plan or plan
25amendment. The lead agency’s response shall include either of
26the following:

27(i) A description of how the lead agency proposes to adopt the
28director’s comments to the proposed final reclamation plan or
29plan amendment.

30(ii) A detailed description of the reasons why the lead agency
31proposes not to adopt the director’s comments.

32(B) Copies of any written comments received and responses
33prepared by the lead agency pursuant to subparagraph (A) shall
34be forwarded to the operator.

35(C) (i) The lead agency shall give the director at least 30 days’
36notice of the time, place, and date of the hearing at which the
37proposed final reclamation plan or plan amendment is scheduled
38to be approved by the lead agency.

39(ii) If no hearing is required by this chapter, the local ordinance,
40or other state law, the lead agency shall provide 30 days’ notice
P27   1to the director that the lead agency intends to approve the proposed
2final reclamation plan or plan amendment.

3(D)  Within 30 days following approval of the reclamation plan,
4the lead agency shall provide the director notice of the approval
5and a statement that identifies any additional conditions or other
6permit requirements imposed upon the surface mining operation.
7During that time, the department shall retain all of its powers,
8duties, and authorities pursuant to this chapter. The lead agency
9shall provide, as soon as practicable, but no later than 60 days
10after approval of the reclamation plan, both of the following:

11(i) Certified copies of all maps, diagrams, or calculations signed
12and sealed by a California-licensed professional.

13(ii) A certified copy of the approved reclamation plan
14incorporating all approved modifications to the proposed final
15reclamation plan.

16(4) To the extent there is a conflict between the comments of a
17trustee agency or a responsible agency that are based on that
18agency’s statutory or regulatory authority and the comments of
19other commenting agencies that are received by the lead agency
20pursuant to the California Environmental Quality Act (Division
2113 (commencing with Section 21000)) regarding a reclamation
22plan or plan amendments, the lead agency shall consider only the
23comments of the trustee agency or responsible agency.

24(c) A lead agency shall notify the director of the filing of an
25application for a permit to conduct surface mining operations
26within 30 days of an application being filed with the lead agency.
27By July 1, 1991, each lead agency shall submit to the director for
28every active or idle mining operation within its jurisdiction, a copy
29of the mining permit required pursuant to Section 2774, and any
30 conditions or amendments to those permits. By July 1 of each
31subsequent year, the lead agency shall submit to the director for
32each active or idle mining operation a copy of any permit or
33reclamation plan amendments, as applicable, or a statement that
34there have been no changes during the previous year. Failure to
35file with the director the information required under this section
36shall be cause for action under Section 2774.4.

37(d) This section does not limit or expand the Supervisor of Mines
38and Reclamation’s authority or responsibility to review a document
39in accordance with the California Environmental Quality Act
40(Division 13 (commencing with Section 21000)).

end insert
P28   1begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 2773.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert

3

2773.1.  

(a) Lead agencies shall require financial assurances
4of each surface mining operation to ensure reclamation is
5performed in accordance with the surface mining operation’s
6approved reclamation plan, as follows:

7(1) Financialbegin delete assurancesend deletebegin insert assurance mechanismsend insert may take the
8form of surety bonds executed by an admitted surety insurer, as
9defined in subdivision (a) of Section 995.120 of the Code of Civil
10Procedure, irrevocable letters of credit, trust funds, or other forms
11of financial assurances specified by the board pursuant to
12 subdivisionbegin delete (e), whichend deletebegin insert (e) that are at least equal to the annual
13financial assurance cost estimate thatend insert
the lead agency reasonably
14determines are adequate to perform reclamation in accordance
15with the surface mining operation’s approved reclamation plan.

16(2) The financial assurances shall remain in effect for the
17duration of the surface mining operation and any additional period
18until reclamation is completed.

19(3) The amount of financial assurances required of a surface
20mining operation for any one year shall be adjusted annually to
21account for new lands disturbed by surface mining operations,
22inflation, and reclamation of lands accomplished in accordance
23with the approved reclamation plan.

24(4) begin deleteThe end deletebegin insertEach end insertfinancialbegin delete assurancesend deletebegin insert assurance mechanismend insert shall
25be made payable to the lead agency and the department.begin insert A financial
26assurance mechanism shall not be released without the written
27consent of the lead agency and the department.end insert
Financial
28begin delete assurancesend deletebegin insert assurance mechanismsend insert that were approved by the lead
29agency prior to January 1, 1993, and were made payable to the
30State Geologist shall be considered payable to the department for
31purposes of this chapter. However, if a surface mining operation
32has received approval of its financial assurances from a public
33agency other than the lead agency, the lead agency shall deem
34those financial assurances adequate for purposes of this section,
35or shall credit them toward fulfillment of the financial assurances
36required by this section, if they are made payable to the public
37agency, the lead agency, and the department and otherwise meet
38the requirements of this section. In any event, if a lead agency and
39one or more public agencies exercise jurisdiction over a surface
40mining operation, the total amount of financial assurances required
P29   1by the lead agency and the public agencies for any one year shall
2not exceed that amount which is necessary to perform reclamation
3of lands remaining disturbed. For purposes of this paragraph, a
4“public agency” may include a federal agency.

begin delete

5(b) If the lead agency or the board, following a public hearing,
6determines that the operator is financially incapable of performing
7reclamation in accordance with its approved reclamation plan, or
8has abandoned its surface mining operation without commencing
9reclamation, either the lead agency or the director shall do all of
10the following:

end delete
begin insert

11(b) (1) If the lead agency has evidence that an operator is
12financially incapable of performing reclamation in accordance
13with its approved reclamation land or that the operator has
14abandoned the surface mining operation without completing
15reclamation, the lead agency or the board shall conduct a public
16hearing with notice of the hearing provided to the operator and
17the department at least 30 days prior to the hearing.

end insert
begin insert

18(2) If the lead agency or the board, following the public hearing,
19determines that the operator is financially incapable of performing
20reclamation in accordance with its approved reclamation plan,
21or has abandoned its surface mining operation without completing
22reclamation, either the lead agency or the director shall do all of
23the following:

end insert
begin delete

24(1)

end delete

25begin insert(A)end insert Notify the operator by personal service or certified mail that
26the lead agency or the director intends to take appropriate action
27tobegin delete forfeitend deletebegin insert seizeend insert the financial assurances and specify the reasons for
28so doing.

begin delete

29(2) Allow the operator 60 days to commence or cause the
30commencement of reclamation in accordance with its approved
31reclamation plan and require that reclamation be completed within
32the time limits specified in the approved reclamation plan or some
33other time period mutually agreed upon by the lead agency or the
34director and the operator.

end delete
begin delete

35(3) Proceed to take appropriate action to require forfeiture of
36the financial assurances if the operator does not substantially
37comply with paragraph (2).

end delete
begin delete

38(4) Use the proceeds from the forfeited financial assurances to
39conduct and complete reclamation in accordance with the approved
40reclamation plan. In no event shall the financial assurances be used
P30   1for any other purpose. The operator is responsible for the costs of
2conducting and completing reclamation in accordance with the
3approved reclamation plan which are in excess of the proceeds
4from the forfeited financial assurances.

end delete
begin delete

5(c) Financial assurances shall no longer be required of a surface
6mining operation, and shall be released, upon written notification
7by the lead agency, which shall be forwarded to the operator and
8the director, that reclamation has been completed in accordance
9with the approved reclamation plan. If a mining operation is sold
10or ownership is transferred to another person, the existing financial
11assurances shall remain in force and shall not be released by the
12lead agency until new financial assurances are secured from the
13new owner and have been approved by the lead agency in
14accordance with Section 2770.

end delete
begin insert

15(B) (i) Proceed to take appropriate action to seize the financial
16assurances and use the proceeds from the financial assurances to
17conduct and complete reclamation in accordance with the approved
18reclamation plan.

end insert
begin insert

19(ii) If the surface mining operation cannot be reclaimed in
20accordance with its approved reclamation plan or the financial
21assurances are inadequate to reclaim in accordance with the
22approved reclamation plan, the lead agency or the director may
23use the proceeds of the financial assurances to reclaim or
24remediate mining disturbances as appropriate for the site
25conditions, as determined by the lead agency and the director. The
26proceeds of the financial assurances shall not be used for any
27other purpose.

end insert
begin insert

28(iii) The operator is responsible for the costs of conducting and
29completing reclamation in accordance with the approved
30reclamation plan or a remediation plan developed pursuant to this
31section, as determined to be appropriate by the lead agency and
32director, that are in excess of the proceeds of the financial
33assurances.

end insert
begin insert

34(c) Financial assurances shall no longer be required of a surface
35mining operation, and shall be released, upon written concurrence
36by the lead agency and the director, which shall be forwarded to
37the operator, that reclamation has been completed in accordance
38with the approved reclamation plan. If a mining operation is sold
39or ownership is transferred to another person, the existing financial
40assurances shall remain in force and shall not be released by the
P31   1lead agency and the director until new financial assurances are
2secured from the new owner and have been approved by the lead
3agency in accordance with Sections 2770 and 2773.1. Within 30
4days of the sale or transfer of the surface mining operation, the
5new operator shall establish an appropriate financial assurance
6mechanism and sign a new statement pursuant to paragraph (10)
7of subdivision (c) of Section 2772.

end insert

8(d) The lead agency shall have primary responsibility tobegin delete seek
9forfeiture ofend delete
begin insert seizeend insert financial assurances and to reclaim mine sites
10under subdivision (b). However, in cases where the board is not
11the lead agency pursuant to Section 2774.4, the director may act
12tobegin delete seek forfeiture ofend deletebegin insert seizeend insert financial assurances and reclaim mine
13sites pursuant to subdivision (b) only if both of the following
14begin delete occurs:end deletebegin insert occur:end insert

15(1) The financial incapability of the operator or the abandonment
16of the mining operation has come to the attention of the director.

17(2) The lead agency has been notified in writing by the director
18of the financial incapability of the operator or the abandonment
19of the mining operation for at least 15 days,begin delete andend deletebegin insert the lead agencyend insert
20 has not taken appropriate measures tobegin delete seek forfeiture ofend deletebegin insert seizeend insert the
21financial assurances and reclaim the minebegin delete site;end deletebegin insert site,end insert and one of the
22following has occurred:

23(A) The lead agency has been notified in writing by the director
24that failure to take appropriate measures tobegin delete seek forfeiture ofend deletebegin insert seizeend insert
25 the financial assurances or to reclaim the mine site shall result in
26actions being taken against the lead agency under Section 2774.4.

27(B) The director determines that there is a violation that amounts
28to an imminent and substantial endangerment to the public health,
29safety, or to the environment.

30(C) The lead agency notifies the director in writing that its good
31faith attempts tobegin delete seek forfeiture ofend deletebegin insert seizeend insert the financial assurances
32have not been successful.

33The director shall comply with subdivision (b) inbegin delete seeking
34forfeiture ofend delete
begin insert seizing theend insert financial assurances and reclaiming mine
35sites.

36(e) The board may adopt regulations specifying financial
37assurance mechanisms other than surety bonds, irrevocable letters
38of credit, and trust funds,begin delete whichend deletebegin insert thatend insert the board determines are
39reasonably available and adequate to ensure reclamation pursuant
40to this chapter, but these mechanismsbegin delete mayend deletebegin insert shallend insert not includebegin insert solelyend insert
P32   1 financialbegin delete tests,end deletebegin insert testsend insert or surety bonds executed by one or more
2personal sureties. These mechanisms may include reclamation
3bond poolbegin delete programs.end deletebegin insert programs or corporate financial tests, as
4described in subdivision (f), combined with additional financial
5assurance mechanisms, as identified in this section, that together
6ensure the completion of reclamation in accordance with the
7approved reclamation plan. end insert

begin insert

8(f) (1) Corporate financial tests shall provide for no more than
975 percent of the financial assurance cost estimate approved within
10the last year. Use of a financial test shall meet all of the following
11requirements:

end insert
begin insert

12(A) Be annually approved by both the lead agency and the
13director and may be disallowed by either the lead agency or the
14director.

end insert
begin insert

15(B) Include an assessment from an independent certified public
16accountant using generally accepted accounting principles in the
17United States.

end insert
begin insert

18(2) Corporate financial tests shall only be allowed after the
19board adopts a regulation that establishes a comprehensive
20analysis of a corporation’s financial status that includes financial
21net worth; income; liabilities, including other environmental
22assurances; and assets located within the United States. The
23regulation shall include additional measures to provide the lead
24agency or the director with recovery of costs associated with the
25full collection and satisfaction of the financial assurance
26mechanisms.

end insert
begin insert

27(3) A surface mining operation shall have at least 25 percent
28of the financial assurance cost estimate or four million dollars
29($4,000,000), whichever is greater, in an acceptable financial
30assurance mechanism other than a corporate financial test.

end insert
begin delete

31(f)

end delete

32begin insert(g)end insert On or before March 1, 1993, the board shall adopt guidelines
33to implement this section. The guidelines are exempt from the
34requirements ofbegin delete Chapterend deletebegin insert the Administrative Procedure Act (Chapterend insert
35 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
36Title 2 of the Governmentbegin delete Code,end deletebegin insert Code)end insert and are not subject to
37review by the Office of Administrative Law.

38begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 2773.4 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
39to read:end insert

begin insert
P33   1

begin insert2773.4.end insert  

(a) (1) Prior to approving the financial assurances
2of a surface mining operation pursuant to Sections 2770 and
32773.1, the lead agency shall submit the proposed financial
4assurance cost estimate, with a statement that it is adequate to
5reclaim the surface mining operation in accordance with the
6approved reclamation plan, to the director for review. All
7documentation for that submission shall be complete and submitted
8to the director at one time.

9(2) If the director determines that the lead agency’s submission
10pursuant to paragraph (1) is incomplete, the director shall return
11the submission to the lead agency, specifically noting those
12elements of the cost estimate that are incomplete. The review by
13the director pursuant to subdivision (b) shall not begin until the
14director receives a complete submission.

15(b) The director shall have 45 days from the date of receipt of
16a complete financial assurances cost estimate pursuant to
17subdivision (a) to prepare written comments or request a
18reassessment if the director chooses.

19(c) (1) (A) If the director can demonstrate that the proposed
20financial assurance cost estimate is inadequate to reclaim the
21surface mining operation in accordance with the approved
22reclamation plan, the director may request a reassessment by the
23lead agency.

24(B) If the director requests a reassessment of a financial
25assurance cost estimate, the lead agency shall reassess and
26resubmit the proposed financial assurance cost estimate within
2745 days of the director’s request.

28(2) If the lead agency or operator disagrees with the director’s
29request for reassessment, or the director determines that a financial
30assurance cost estimate resubmitted pursuant to this subdivision
31remains inadequate, the lead agency, operator, or director may
32request a review hearing by the board.

33(3) Financial assurance costs estimates shall not be approved
34pending the director’s request for reassessment pursuant to this
35subdivision.

36(4) Financial assurance cost estimates determined to be
37inadequate by the board shall be returned to the lead agency for
38reassessment and resubmission to the director pursuant to this
39section. Financial assurance cost estimates determined to be
40adequate by the board may be approved by the lead agency.

P34   1(d) (1) The lead agency shall prepare a written response to the
2director’s comments, if any, describing the disposition of the major
3issues raised by the director’s comments. The lead agency shall
4submit its proposed response to the director at least 30 days prior
5to approval of the financial assurance cost estimate and shall
6include either of the following:

7(A) A description of how the lead agency proposes to adopt the
8director’s comments to the financial assurance cost estimate.

9(B) A detailed description of the reasons why the lead agency
10proposes not to adopt the director’s comments.

11(2) Copies of any written comments received and responses
12prepared by the lead agency pursuant to paragraph (1) shall be
13provided to the operator.

14(3) (A) The lead agency shall give the director at least 30 days’
15notice of the time, place, and date of the hearing at which the
16financial assurance cost estimate is scheduled to be approved by
17the lead agency.

18(B) If no hearing is required by this chapter, the local ordinance,
19or other state law, then the lead agency shall provide 30 days’
20notice to the director that it intends to approve the financial
21assurance cost estimate.

22(4) The lead agency shall send to the director its final response
23to the director’s comments within 30 days of its approval of the
24financial assurance cost estimate during which time the department
25retains all of its powers, duties, and authorities pursuant to this
26chapter.

27(e) (1) Within 30 days of lead agency approval of the financial
28 assurance cost estimate, the operator shall provide the lead agency
29and the director an appropriate financial assurance mechanism
30that is at least equal to the approved financial assurance cost
31estimate.

32(2) Within 15 days of receipt of a financial assurance
33mechanism, the lead agency and the director shall review the
34financial assurance mechanism to determine if the type of
35mechanism, including release instructions, complies with the
36requirements of this chapter.

37(3) Financial assurance mechanisms determined to be
38noncompliant with this chapter shall be returned to the operator,
39with instructions on how to correct the type or release instructions
40of the financial assurance mechanism.

P35   1(f) To the extent there is a conflict between the comments of a
2trustee agency or a responsible agency that are based on that
3agency’s statutory or regulatory authority and the comments of
4other commenting agencies that are received by the lead agency
5pursuant to the California Environmental Quality Act (Division
613 (commencing with Section 21000)) regarding a financial
7assurance cost estimate or financial assurance mechanism, the
8lead agency shall consider only the comments of the trustee agency
9or responsible agency.

10(g) The review of existing financial assurances shall not be
11considered a project for the purposes of the California
12Environmental Quality Act (Division 13 (commencing with Section
1321000)).

end insert
begin delete
14

SEC. 7.  

Section 2774 of the Public Resources Code is amended
15to read:

16

2774.  

(a) Every lead agency shall adopt ordinances in
17accordance with state policy that establish procedures for the
18review and approval of reclamation plans and financial assurances
19and the issuance of a permit to conduct surface mining operations,
20except that any lead agency without an active surface mining
21operation in its jurisdiction may defer adopting an implementing
22ordinance until the filing of a permit application. The ordinances
23shall establish procedures requiring at least one public hearing and
24shall be periodically reviewed by the lead agency and revised, as
25necessary, to ensure that the ordinances continue to be in
26accordance with state policy.

27(b) (1) (A) The lead agency shall conduct an inspection of a
28surface mining operation within six months of receipt by the lead
29agency of the surface mining operation’s report submitted pursuant
30to Section 2207, solely to determine whether the surface mining
31operation is in compliance with this chapter. In no event shall a
32lead agency inspect a surface mining operation less than once in
33any calendar year. The lead agency shall cause an inspection to
34be conducted by a state licensed geologist, state licensed civil
35engineer, or state licensed geophysicist, who is experienced in land
36reclamation and who has not been employed by a surface mining
37operation within the jurisdiction of the lead agency in any capacity
38during the previous 12 months. If a lead agency operates a surface
39mining operation, the inspector shall not have been an employee
40of the lead agency in any capacity during the previous 12 months
P36   1unless, beginning January 1, 2018, the lead agency employee has
2become certified as a surface mining operation inspector within
3the previous two years pursuant to paragraph (2). All inspections
4shall be conducted using a form developed by the department and
5approved by the board that includes the professional licensing and
6disciplinary information of the person who conducted the
7inspection. The operator shall be solely responsible for the
8reasonable cost of the inspection. The lead agency shall notify the
9director within 30 days of the date of completion of the inspection
10that the inspection has been conducted. The notice shall contain a
11statement regarding the surface mining operation’s compliance
12with this chapter, shall include a copy of the completed inspection
13form, and shall specify which aspects of the surface mining
14operations, if any, are inconsistent with this chapter. If the surface
15mining operation has a review of its reclamation plan, financial
16assurances, or an interim management plan pending under
17subdivision (b), (c), (d), or (h) of Section 2770, or an appeal
18pending before the board or lead agency governing body under
19subdivision (e) or (h) of Section 2770, the notice shall so indicate.
20The lead agency shall forward to the operator a copy of the notice,
21a copy of the completed inspection form, and any supporting
22documentation, including, but not limited to, any inspection report
23prepared by the geologist, civil engineer, or geophysicist, who
24conducted the inspection.

25(B) It is the intent of the Legislature to define which aspects of
26an inspection constitute the professional practice of geology and
27engineering requiring certification by an appropriate professional.

28(2) No later than January 1, 2018, and on an ongoing basis
29thereafter, the department shall offer continuing educational
30opportunities for lead agency employees to become certified, as
31appropriate, by the department to inspect surface mining operations.

32(c) In addition to subdivision (a), lead agencies or the State
33Mine Inspector may inspect all surface mining operations to
34determine if the operation is in compliance with this chapter and
35Section 2207. In conducting the inspection, the lead agencies or
36the State Mine Inspector shall determine all of the following:

37(1) If the surface mining operation is in compliance with its
38approved reclamation plan.

39(2) If adequate and appropriate financial assurances have been
40established for the surface mining operation.

P37   1(3) If the surface mining operation has complied with any notice
2of violation or order to correct.

3(d) (1) The director shall have 30 days from the date of receipt
4of a reclamation plan or plan amendments submitted pursuant to
5subdivision (c), and 45 days from the date of receipt of financial
6assurances submitted pursuant to subdivision (c), to prepare written
7comments, if the director so chooses. The lead agency shall
8evaluate written comments received from the director relating to
9the reclamation plan, plan amendments, or financial assurances
10within a reasonable amount of time.

11(2) The lead agency shall prepare a written response to the
12director’s comments describing the disposition of the major issues
13raised by the director’s comments, and submit the lead agency’s
14proposed response to the director at least 30 days prior to approval
15of the reclamation plan, plan amendment, or financial assurance.
16The lead agency’s response to the director’s comments shall
17describe whether the lead agency proposes to adopt the director’s
18comments to the reclamation plan, plan amendment, or financial
19assurance. If the lead agency does not propose to adopt the
20director’s comments, the lead agency shall specify, in detail, why
21the lead agency proposes not to adopt the comments. Copies of
22any written comments received and responses prepared by the lead
23agency shall be forwarded to the operator. The lead agency shall
24also give the director at least 30 days’ notice of the time, place,
25and date of the hearing before the lead agency at which time the
26reclamation plan, plan amendment, or financial assurance is
27scheduled to be approved by the lead agency. If no hearing is
28required by this chapter, or by the local ordinance, or other state
29law, then the lead agency shall provide 30 days’ notice to the
30director that it intends to approve the reclamation plan, plan
31amendment, or financial assurance. The lead agency shall send to
32the director its final response to the director’s comments within
3330 days following its approval of the reclamation plan, plan
34amendment, or financial assurance during which period the
35department retains all powers, duties, and authorities of this
36chapter.

37(3) To the extent there is a conflict between the comments of a
38trustee agency or a responsible agency that are based on the
39agency’s statutory or regulatory authority and the comments of
40other commenting agencies that are received by the lead agency
P38   1pursuant to the California Environmental Quality Act (Division
213 (commencing with Section 21000)) regarding a reclamation
3plan or plan amendments, the lead agency shall consider only the
4comments of the trustee agency or responsible agency.

5(e) A lead agency shall notify the director of the filing of an
6application for a permit to conduct surface mining operations
7within 30 days of an application being filed with the lead agency.
8By July 1, 1991, each lead agency shall submit to the director for
9every active or idle mining operation within its jurisdiction, a copy
10of the mining permit required pursuant to Section 2774, and any
11conditions or amendments to those permits. By July 1 of each
12subsequent year, the lead agency shall submit to the director for
13each active or idle mining operation a copy of any permit or
14reclamation plan amendments, as applicable, or a statement that
15there have been no changes during the previous year. Failure to
16file with the director the information required under this section
17shall be cause for action under Section 2774.4.

end delete
18begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 2774 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
19amended to read:end insert

20

2774.  

(a) Every lead agency shall adopt ordinances in
21accordance with state policy that establish procedures for the
22review and approval of reclamation plans and financial assurances
23and the issuance of a permit to conduct surface mining operations,
24except that any lead agency without an active surface mining
25operation in its jurisdiction may defer adopting an implementing
26ordinance until the filing of a permit application. The ordinances
27shall establish procedures requiring at least one public hearing and
28shall be periodically reviewed by the lead agency and revised, as
29necessary, to ensure that the ordinances continue to be in
30accordance with state policy.

31(b) (1) begin delete(A)end deletebegin deleteend deleteThe lead agency shall conduct an inspection of a
32surface mining operation within six months of receipt by the lead
33agency of the surface mining operation’s report submitted pursuant
34to Section 2207, solely to determine whether the surface mining
35operation is in compliance with this chapter.begin delete In no event shall aend deletebegin insert Aend insert
36 lead agencybegin insert shall notend insert inspect a surface mining operation less than
37once in any calendar year. The lead agency shall cause an
38inspection to be conducted bybegin insert an individual who qualified pursuant
39to paragraph (2), including, but not limited to,end insert
a state licensed
40begin delete geologist,end deletebegin insert geologist orend insert state licensed civil engineer, begin delete or state licensed
P39   1 geophysicist,end delete
who is experienced in land reclamation and who has
2not been employed by a surface mining operation within the
3jurisdiction of the lead agency in any capacity during the previous
412begin delete months. If a lead agency operates a surface mining operation,
5the inspector shall not have been an employee of the lead agency
6in any capacity during the previous 12 months unless, beginning
7January 1, 2018, the lead agency employee has become certified
8as a surface mining operation inspector within the previous two
9years pursuant to paragraph (2).end delete
begin insert months, except that a lead agency
10employee who is not an independent contractor may inspect surface
11mining operations within the local agency provided the employee
12satisfies the provisions of paragraph (2) and subdivision (c).end insert
All
13inspections shall be conducted using a form developed by the
14department and approved by the board thatbegin delete shall includeend deletebegin insert includesend insert
15 thebegin insert relevantend insert professional licensing and disciplinary information
16of the personbegin insert qualified pursuant to paragraph (2)end insert who conducted
17the inspection. The operator shall be solely responsible for the
18reasonable cost of the inspection. The lead agency shall notify the
19director withinbegin delete 30end deletebegin insert 60end insert days of the date of completion of the
20inspection that the inspection has been conducted. Thebegin insert inspectionend insert
21 notice shall contain a statement regarding the surface mining
22 operation’s compliance with this chapter, shall include a copy of
23the completed inspection form, and shall specify which aspects of
24the surface mining operations, if any, are inconsistent with this
25begin delete chapter.end deletebegin insert chapter and those noncompliant aspects that have been
26corrected following the inspection, with proof of correction. For
27each remaining noncompliant aspect, the lead agency shall provide
28to the director a copy of the notice of violation, the notice of
29violation combined with an order to comply pursuant to Section
302774.1, or a statement that indicates the lead agency does not
31intend to initiate an enforcement action pursuant to Section 2774.1.end insert

32 If the surface mining operation has a review of its reclamation
33plan, financial assurances, or an interim management plan pending
34under subdivisionbegin delete (b), (c), (d),end deletebegin insert (b)end insert or (h) of Section 2770, or an
35appeal pending before the board or lead agency governing body
36under subdivision (e) or (h) of Section 2770, thebegin insert inspectionend insert notice
37shall so indicate. The lead agency shall forward to the operator a
38copy of thebegin insert inspectionend insert notice, a copy of the completed inspection
39form, and any supporting documentation, including, but not limited
40to, any inspection report prepared by thebegin delete geologist, civil engineer,
P40   1or geophysicist, who conducted the inspection.end delete
begin insert individual qualified
2pursuant to paragraph (2).end insert

begin delete

3(B) It is the intent of the Legislature to define which aspects of
4an inspection constitute the professional practice of geology and
5engineering requiring certification by an appropriate professional.

6(2) No later than January 1, 2018, and on an ongoing basis
7thereafter, the department shall offer continuing educational
8opportunities for lead agency employees to become certified, as
9appropriate, by the department to inspect surface mining operations.

10(c) In addition to subdivision (a), lead agencies or the State
11Mine Inspector may inspect all mining operations to determine if
12the operation is in compliance with this chapter and Section 2207.
13In conducting the inspection, the lead agencies or the State Mine
14Inspector shall determine all of the following:

15(1) If the mining operation is in compliance with its approved
16reclamation plan.

17(2) If adequate and appropriate financial assurances have been
18established for the mining operation.

19(3) If the mining operation has complied with any notice of
20violation or order to correct.

21(d) (1) The director shall have 30 days from the date of receipt
22of a reclamation plan or plan amendments submitted pursuant to
23subdivision (c), and 45 days from the date of receipt of financial
24assurances submitted pursuant to subdivision (c), to prepare written
25comments, if the director so chooses. The lead agency shall
26evaluate written comments received from the director relating to
27the reclamation plan, plan amendments, or financial assurances
28within a reasonable amount of time.

29(2) The lead agency shall prepare a written response to the
30director’s comments describing the disposition of the major issues
31raised by the director’s comments, and submit the lead agency’s
32proposed response to the director at least 30 days prior to approval
33of the reclamation plan, plan amendment, or financial assurance.
34The lead agency’s response to the director’s comments shall
35describe whether the lead agency proposes to adopt the director’s
36comments to the reclamation plan, plan amendment, or financial
37assurance. If the lead agency does not propose to adopt the
38director’s comments, the lead agency shall specify, in detail, why
39the lead agency proposes not to adopt the comments. Copies of
40any written comments received and responses prepared by the lead
P41   1agency shall be forwarded to the operator. The lead agency shall
2also give the director at least 30 days’ notice of the time, place,
3and date of the hearing before the lead agency at which time the
4reclamation plan, plan amendment, or financial assurance is
5scheduled to be approved by the lead agency. If no hearing is
6required by this chapter, or by the local ordinance, or other state
7law, then the lead agency shall provide 30 days’ notice to the
8director that it intends to approve the reclamation plan, plan
9amendment, or financial assurance. The lead agency shall send to
10the director its final response to the director’s comments within
1130 days following its approval of the reclamation plan, plan
12amendment, or financial assurance during which period the
13department retains all powers, duties, and authorities of this
14chapter.

15(3) To the extent that there is a conflict between the comments
16of a trustee agency or a responsible agency that are based on the
17agency’s statutory or regulatory authority and the comments of
18other commenting agencies which are received by the lead agency
19 pursuant to the California Environmental Quality Act (Division
2013 (commencing with Section 21000)) regarding a reclamation
21plan or plan amendments, the lead agency shall consider only the
22comments of the trustee agency or responsible agency.

23(e) A lead agency shall notify the director of the filing of an
24application for a permit to conduct surface mining operations
25within 30 days of an application being filed with the lead agency.
26By July 1, 1991, each lead agency shall submit to the director for
27every active or idle mining operation within its jurisdiction, a copy
28of the mining permit required pursuant to Section 2774, and any
29conditions or amendments to those permits. By July 1 of each
30subsequent year, the lead agency shall submit to the director for
31each active or idle mining operation a copy of any permit or
32reclamation plan amendments, as applicable, or a statement that
33there have been no changes during the previous year. Failure to
34file with the director the information required under this section
35shall be cause for action under Section 2774.4.

end delete
begin insert

36(2) (A) The department and the board, in consultation with the
37Board of Professional Engineers and Land Surveyors, shall adopt
38regulations that set forth the minimum qualifications for a person
39conducting an inspection of a surface mining operation pursuant
40to this chapter. The regulations shall delineate those aspects of
P42   1an inspection that require the inspector to meet state licensure
2requirements.

end insert
begin insert

3(B) Beginning January 1 of the year following adoption of the
4regulations required pursuant to subparagraph (A), but not less
5than 180 days after adoption, all surface mine inspections shall
6be performed by a qualified individual.

end insert
begin insert

7(c) (1) On or before July 1, 2016, the department shall establish
8a training program for all surface mine inspectors. The program
9shall be designed to include a guidance document, developed by
10the department and approved by the board, to provide instruction
11and recommendations to surface mine inspectors performing
12inspections pursuant to subdivision (b).

end insert
begin insert

13(2) The training program shall include no less than four
14inspection workshops per year, offered by the department, in
15different regions of the state, to provide practical application of
16the guidance document material.

end insert
begin insert

17(3) On and after January 1, 2019, all inspectors shall have on
18file with the lead agency and the department a certificate of
19completion of an inspection workshop. An inspector shall attend
20a workshop no later than five years after the date of his or her
21most recent certificate.

end insert
begin insert

22(d) In addition to subdivision (b), lead agencies or the
23Supervisor of Mines and Reclamation may inspect at any time all
24surface mining operations to determine if the operation is in
25compliance with this chapter and Section 2207.

end insert
begin insert

26(e) The approval of the guidance document by the board
27pursuant to subdivision (c) is not the adoption of a regulation for
28the purposes of the Administrative Procedure Act (Chapter 3.5
29(commencing with Section 11340) of Part 1 of Division 3 of Title
302 of the Government Code) and is not subject to that chapter.

end insert
31begin insert

begin insertSEC. 13.end insert  

end insert

begin insertSection 2774.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
32amended to read:end insert

33

2774.1.  

(a) Except as provided in subdivision (i) of Section
342770, if the lead agency or the director determines, based upon an
35annual inspection pursuant to Section 2774, or otherwise confirmed
36by an inspection of the mining operation, that a surface mining
37operation is not in compliance with this chapter, the lead agency
38or the director may notify the operator of that violation by personal
39service or certified mail.begin insert If the lead agency or the director
40determines that the noted violations cannot be corrected within
P43   130 days of the notice, the lead agency shall or the director may
2combine the notice of violation with an order to comply.end insert
If the
3violation extends beyond 30 days after the date of the lead agency’s
4or the director’s notification, the lead agency or the director may
5issue an order by personal service or certified mail requiring the
6operator to comply with this chapter or, if the operator does not
7have an approved reclamation plan or financial assurances, cease
8all further mining activities.

9(b) An orderbegin insert to complyend insert issued under subdivision (a) shallbegin delete notend delete
10 take effectbegin delete untilend deletebegin insert 30 days following service unlessend insert the operatorbegin delete has
11been providedend delete
begin insert within that 30-day period requestsend insert a hearing before
12the lead agency for orders issued by the lead agency, orbegin insert theend insert board
13for orders issued by the director, concerning the alleged violation.
14An orderbegin delete issued under subdivision (a)end deletebegin insert to complyend insert shall specify which
15aspects of the surface mine’s activities or operations are
16inconsistent with this chapter, shall specify a time for compliance
17that the lead agency or director determines is reasonable,begin insert not to
18exceed two years,end insert
taking into account the seriousness of the
19violation and any good faith efforts to comply with applicable
20 requirements, andbegin delete shall set a date for the hearing, which shall not
21be sooner than 30 days after the date of the order.end delete
begin insert may include an
22administrative penalty imposed pursuant to subdivision (c). If a
23lead agency or the director determines compliance with an order
24to comply will exceed two years, the board may specify a longer
25period based on an application and showing of good cause.end insert

begin delete

26(c) An operator who violates or fails to comply with an order
27issued under subdivision (a) after the order’s effective date, as
28provided in subdivision (b), or who fails to submit a report to the
29director or lead agency as required by Section 2207, shall be subject
30to an order by the lead agency or the director imposing an
31administrative penalty of not more than five thousand dollars
32($5,000) per day, assessed from the original date of noncompliance
33with this chapter or Section 2207. The penalty may be imposed
34administratively by the lead agency or the director. In determining
35the amount of the administrative penalty, the lead agency or the
36director shall take into consideration the nature, circumstances,
37extent, and gravity of the violation or violations, any prior history
38of violations, the degree of culpability, economic savings, if any,
39resulting from the violation, and any other matters justice may
40require. Orders setting administrative penalties shall become
P44   1effective upon issuance of the order and payment shall be made
2to the lead agency or the director within 30 days, unless the
3operator petitions the legislative body of the lead agency, the board,
4or the superior court for review as provided in Section 2774.2. An
5order shall be served by personal service or by certified mail upon
6the operator. Penalties collected by the director shall not be used
7for purposes other than to cover the reasonable costs incurred by
8the director in implementing this chapter or Section 2207.

end delete
begin insert

9(c) (1) In an order to comply pursuant to subdivision (b), the
10lead agency or the director may impose an administrative penalty
11of not more than five thousand dollars ($5,000) per day, assessed
12from the original date of noncompliance with this chapter. The
13penalty may be imposed administratively by the lead agency or
14the director. In determining the amount of the administrative
15penalty, the lead agency or the director shall take into
16consideration the nature, circumstances, extent, and gravity of the
17violation or violations, any prior history of violations, the degree
18of culpability, economic savings, if any, resulting from the
19violation, and any other matters justice may require.

end insert
begin insert

20(2) If an operator fails to comply with an order to comply that
21did not originally impose an administrative penalty, or if an
22operator fails to submit a report or pay annual fees to the director
23or lead agency pursuant to Section 2207, the lead agency or
24 director may impose an administrative penalty pursuant to this
25paragraph. The administrative penalty shall become effective upon
26issuance of the assessment and payment shall be made to the lead
27agency or the director within 30 days, unless the operator petitions
28the legislative body of the lead agency, the board, or the superior
29court for review as provided in Section 2774.2. An assessment
30shall be served by personal service or by certified mail upon the
31operator.

end insert
begin insert

32(3) Penalties collected by the director shall not be used for
33purposes other than to cover the reasonable costs incurred by the
34director in implementing this chapter or Section 2207.

end insert

35(d) If the lead agency or the director determines that the surface
36mine is not in compliance with this chapter, so that the surface
37mine presents an imminent and substantial endangerment to the
38public health or the environment, the lead agency or the Attorney
39General, on behalf of the director, may seek an order from a court
40of competent jurisdiction enjoining that operation.

P45   1(e) Upon a complaint by the director, the department, or the
2board, the Attorney General may bring an action to recover
3administrative penalties under this section, and penalties under
4Section 2207, in any court of competent jurisdiction in this state
5against any person violating any provision of this chapter or Section
62207, or any regulation adopted pursuant to this chapter or Section
72207. The Attorney General may bring this action on his or her
8own initiative if, after examining the complaint and the evidence,
9he or she believes a violation has occurred. The Attorney General
10may also seek an order from a court of competent jurisdiction
11compelling the operator to comply with this chapter and Section
122207.

13(f) (1) The lead agency has primary responsibility for enforcing
14this chapter and Section 2207. In cases where the board is not the
15lead agency pursuant to Section 2774.4, enforcement actions may
16be initiated by the director pursuant to this section only after the
17violation has come to the attention of the director and either of the
18following occurs:

19(A) The lead agency has been notified by the director in writing
20of the violation for at least 30 days, and has not taken appropriate
21enforcement action, which may include failing to issue an order
22to comply within a reasonable time after issuing a notice of
23violation.

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

27(2) The director shall comply with this section in initiating
28enforcement actions.

29(g) Remedies under this section are in addition to, and do not
30supersede or limit, any and all other remedies, civil or criminal.

31begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 2774.4 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
32amended to read:end insert

33

2774.4.  

(a) begin deleteIf end deletebegin insertThe board shall exercise some or all of a lead
34agency’s powers under this chapter pursuant to subdivision (c),
35except for permitting authority and vested rights determinations
36pursuant to Section 2776, if end insert
the board finds that a lead agency
37begin delete eitherend delete hasbegin delete (1) approved reclamation plans or financial assurances
38which are not consistent with this chapter, (2) failed to inspect or
39cause the inspection of surface mining operations as required by
40this chapter, (3) failed to seek forfeiture of financial assurances
P46   1and to carry out reclamation of surface mining operations as
2required by this chapter, (4) failed to take appropriate enforcement
3actions as required by this chapter, (5) intentionally misrepresented
4the results of inspections required under this chapter, or (6) failed
5to submit information to the department as required by this chapter,
6the board shall exercise any of the powers of that lead agency
7under this chapter, except for permitting authority.end delete
begin insert done any of the
8following:end insert

begin insert

9(1) Approved reclamation plans or financial assurances that
10are not consistent with this chapter.

end insert
begin insert

11(2) Failed to inspect or cause the inspection of surface mining
12operations as required by this chapter.

end insert
begin insert

13(3) Failed to seize the financial assurances and to carry out the
14reclamation of surface mining operations as required by this
15chapter.

end insert
begin insert

16(4) Failed to take appropriate enforcement actions as required
17by this chapter.

end insert
begin insert

18(5) Intentionally misrepresented the results of inspections
19required under this chapter.

end insert
begin insert

20(6) Failed to submit information to the department as required
21by this chapter.

end insert

22(b) begin deleteIf, end deletebegin insertThe board shall conduct a public hearing end insertno sooner than
23three years after the board has taken action pursuant to subdivision
24begin delete (a), the board finds, after a public hearing, thatend deletebegin insert (a) to determine ifend insert
25 a lead agency has corrected its deficiencies in implementing and
26enforcing thisbegin delete chapter,end deletebegin insert chapterend insert and the rules and regulations
27adopted pursuant to thisbegin delete chapter,end deletebegin insert chapter or has developed a
28program that will adequately administer this chapter and Section
292207. If the board finds sufficient evidence of correction or the
30development of a program to adequately implement this chapter
31and Section 2207,end insert
the board shall restore to the lead agencybegin insert some
32or all ofend insert
the powers assumed by the board pursuant to subdivision
33(a).

34(c) Before taking any action pursuant to subdivision (a), the
35board shall firstbegin delete notify the lead agency of the identified
36deficiencies, and allow the lead agency 45 days to correct the
37deficiencies to the satisfaction of the board. If the lead agency has
38not corrected the deficiencies to the satisfaction of the board within
39the 45-day period, the board shall hold a public hearing within the
40lead agency’s area of jurisdiction, upon a 45-day written notice
P47   1given to the public in at least one newspaper of general circulation
2within the city or county, and directly mailed to the lead agency
3and to all surface mining operators within the lead agency’s
4jurisdiction who have submitted reports as required by Section
52207.end delete
begin insert conduct a hearing, providing 30 days’ notice to the lead
6agency, and shall determine if the lead agency has engaged in
7conduct described in subdivision (a). If the board finds that the
8lead agency has engaged in conduct described in subdivision (a),
9the board shall do either of the following:end insert

begin insert

10(1) (A) Require the lead agency to develop a remedial plan to
11correct the noted deficiencies. The remedial plan shall describe
12specific objectives and corresponding processes designed to
13address, at a minimum, the noted deficiencies and a time that the
14remedial plan will be fully implemented.

end insert
begin insert

15(B) The board shall set a hearing to review the completion of
16the remedial plan consistent with paragraph (2) and subdivisions
17(d) and (e).

end insert
begin insert

18(2) Take immediate action pursuant to subdivision (a) and hold
19a public hearing within the lead agency’s area of jurisdiction,
20upon a 45-day written notice given to the public in at least one
21newspaper of general circulation within the city or county and
22directly mailed to the lead agency and to all operators within the
23lead agency’s jurisdiction who have submitted reports as required
24by Section 2207.

end insert

25(d) Affectedbegin delete surface miningend delete operators and interested persons
26have thebegin delete right,end deletebegin insert rightend insert at the publicbegin delete hearing,end deletebegin insert hearingend insert to present oral
27and written evidence on the matter being considered. Thebegin delete board
28may, at the public hearing,end delete
begin insert board, at the public hearing, mayend insert place
29reasonable limits on the right of affectedbegin delete surface miningend delete operators
30and interested persons to question and solicit testimony.

31(e)  begin deleteIf, after conducting the public hearing required by
32subdivision (c), the end delete
begin insert(1)end insertbegin insertend insertbegin insertTheend insert board decides to take action pursuant
33to subdivisionbegin delete (a),end deletebegin insert (a) and exercise some or all of a lead agency’s
34powers pursuant to this chapter, except for permitting authority
35and vested rights determinations pursuant to Section 2776,end insert
the
36board shall, based on the record of the public hearing, adopt written
37findingsbegin delete whichend deletebegin insert thatend insert explain all of the following:

begin delete

38(1)

end delete

39begin insert(A)end insert The action to be taken by the board.

begin delete

40(2)

end delete

P48   1begin insert(B)end insert Why the board decided to take the action.

begin delete

2(3)

end delete

3begin insert(C)end insert Why the action is authorizedbegin delete by,end deletebegin insert byend insert and meets the
4requirementsbegin delete of,end deletebegin insert ofend insert subdivision (a).

5begin insert(2)end insertbegin insertend insert In addition, the findings shall address the significant issues
6begin delete raised,end deletebegin insert raisedend insert or written evidence begin deletepresented,end deletebegin insert presentedend insert by affected
7begin delete surface miningend delete operators, interested persons,begin delete orend delete the leadbegin delete agency.end delete
8begin insert agency, or the department and findings from any review of the
9lead agency’s administrative and enforcement program.end insert
The
10transcript of testimony and exhibits, together with all papers and
11requests filed in the proceedings, shall constitute the exclusive
12record for decision by the board.

begin insert

13(f) If the board finds that the lead agency has not satisfactorily
14completed the remedial plan prepared pursuant to paragraph (1)
15of subdivision (c), the board shall follow the procedures set forth
16in paragraph (2) of subdivision (c) and subdivisions (d) and (e).

end insert
begin delete

17(f)

end delete

18begin insert(g)end insert The lead agency, any affectedbegin delete surface miningend delete operator, or
19any interested person who has presented oral or written evidence
20at the public hearing before the board pursuant to subdivision (d)
21may obtainbegin insert aend insert review of the board’s action taken pursuant to
22subdivision (a) by filing in the superior court a petition forbegin insert aend insert writ
23of mandate within 30 days following the issuance of the board’s
24decision. Section 1094.5 of the Code of Civil Procedure governs
25judicial proceedings pursuant to this subdivision, except that in
26every case the court shall exercise its independent judgment. If a
27petition for a writ of mandate is not filed within the time limits set
28by this subdivision, the board’s action under subdivision (a) shall
29not be subject to review by any court or agency.

30begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 2776 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
31amended to read:end insert

32

2776.  

(a) begin deleteNo end deletebegin insert(1)end insertbegin insertend insertbegin insertA end insertperson who has obtained a vested right to
33conduct surface mining operations prior to January 1, 1976, shall
34begin insert notend insert be required to secure a permit pursuant to this chapter as long
35as the vested right continues and as long as no substantial changes
36are made in the operation except in accordance with this chapter.
37A person shall be deemed to have vested rights if, prior to January
381, 1976, the person has, in good faith and in reliance upon a permit
39or other authorization, if the permit or other authorization was
40required, diligently commenced surface mining operations and
P49   1incurred substantial liabilities for work and materials necessary
2for the surface mining operations. Expenses incurred in obtaining
3the enactment of an ordinance in relation to a particular operation
4or the issuance of a permit shall not be deemed liabilities for work
5or materials.

begin insert

6(2) A lead agency shall maintain records associated with a
7vested right determination.

end insert

8(b) The reclamation plan required to be filedbegin delete underend deletebegin insert pursuant toend insert
9 subdivision (b) of Sectionbegin delete 2770,end deletebegin insert 2770end insert shall apply to operations
10conducted after January 1, 1976, or to be conducted.

11(c) Nothing in this chapter shall be construed as requiring the
12filing of a reclamation planbegin delete for,end deletebegin insert forend insert or the reclamationbegin delete of,end deletebegin insert ofend insert mined
13lands on which surface mining operations were conducted prior
14to January 1, 1976.

15begin insert

begin insertSEC. 16.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant
16to Section 6 of Article XIII B of the California Constitution because
17a local agency or school district has the authority to levy service
18charges, fees, or assessments sufficient to pay for the program or
19level of service mandated by this act, within the meaning of Section
2017556 of the Government Code.

end insert


O

    96