BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 637|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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UNFINISHED BUSINESS
Bill No: SB 637
Author: Allen (D)
Amended: 9/10/15
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 6-1, 4/14/15
AYES: Pavley, Allen, Hueso, Jackson, Monning, Wolk
NOES: Stone
NO VOTE RECORDED: Fuller, Hertzberg
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 4/29/15
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NOES: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
SENATE FLOOR: 22-15, 6/3/15
AYES: Allen, Beall, Block, De León, Hall, Hancock, Hernandez,
Hertzberg, Hill, Hueso, Jackson, Leno, Leyva, Liu, McGuire,
Mendoza, Mitchell, Monning, Pan, Pavley, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,
Galgiani, Huff, Moorlach, Morrell, Nguyen, Nielsen, Runner,
Stone, Vidak
NO VOTE RECORDED: Glazer, Lara, Roth
ASSEMBLY FLOOR: Not available
SUBJECT: Suction dredge mining: permits
SOURCE: Sierra Fund
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DIGEST: This bill authorizes the State Water Resources Control
Board (SWRCB) or regional water quality control board (regional
board) to adopt waste discharge requirements that address water
quality effects of suction dredge mining, and prohibits the
Department of Fish and Wildlife (DFW) from issuing a permit for
suction dredge mining until the application is complete and
includes all required permits.
Assembly Amendments clarify declarations and findings, narrow
the definition of a complete application for suction dredging by
specifying that the department would only require water quality
and endangered species permits, add new public participation
criteria for the water board, and add a provision regarding
tribal consultation.
ANALYSIS:
Existing law:
1)Prohibits the use of any vacuum or suction dredge equipment in
any river, stream, or lake in the state until the Director of
the DFW certifies to the Secretary of State that all of the
following have occurred:
a) DFW has completed a court ordered environmental review
of suction dredge mining;
b) New regulations have been adopted by DFW that have been
filed with the Secretary of State, are operative, and fully
mitigate all identified significant environmental impacts;
and
c) A fee structure is in place that fully covers all costs
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to DFW related to the administration of permits for suction
dredge mining.
2)Prohibits the use of any vacuum or suction dredge equipment in
any river, stream, or lake except as authorized under a permit
issued by DFW and requires the submittal of a permit
application.
3)Subject to the moratorium preconditions described in 1) above,
requires DFW to designate waters or areas where suction
dredges may be used pursuant to a permit, areas where such use
is prohibited, the maximum size of the equipment, and the time
of year that it may be used.
4)Requires DFW, if it determines that the operation will not be
deleterious to fish, to issue a permit. Makes operation of a
suction dredge without a permit, or in ways other than
authorized in a permit, guilty of a misdemeanor.
This bill:
1)Prohibits DFW from issuing a permit for vacuum or suction
dredge mining until the permit application is complete.
2)Requires that the application include any other permit
required by the DFW and one of the following:
a) A copy of waste discharge requirements or a waiver of
waste discharge requirements issued by the SWRCB or a
regional board,
b) A copy of a certification issued by SWRCB or a regional
board and a permit issued by the U.S. Army Corps of
Engineers to use vacuum or suction dredge equipment: or,
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c) If the SWRCB or a regional board determines that waste
discharge requirements, a waiver of waste discharge
requirements, or a certification as specified in a) or b)
above, are not necessary, a letter stating that
determination signed by the Executive Director of the SWRCB
or appropriate regional board.
3)Requires DFW to issue the permit if it determines that use of
a vacuum or suction dredge does not cause any significant
effects to fish and wildlife.
4)Authorizes DFW to adjust the base fees for a suction dredge
permit to cover all reasonable costs of DFW in regulating
suction dredging activities.
5)Provides that a permit issued by DFW for suction dredge mining
shall not authorize any activity in violation of any other
applicable requirements, conditions, or prohibitions governing
the use of suction dredge equipment, including those adopted
by the SWRCB or a regional board.
6)Authorizes the SWRCB or a regional board, in order to protect
water quality, to do one or more of the following:
a) Adopt waste discharge requirements or a waiver of waste
discharge requirements that, at a minimum, address the
water quality impacts of mercury loading to downstream
reaches of surface water bodies affected by suction
dredging, methylmercury formation in water bodies,
bioaccumulation of mercury in aquatic organisms, and
resuspension of metals;
b) Specify conditions or areas where the discharge of waste
or other adverse impacts on the beneficial uses of the
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waters of the state from suction dredge mining is
prohibited; and
c) Prohibit any particular methods of suction dredge mining
that exceed water quality objectives or unreasonably impact
beneficial uses.
7)States additional findings and declarations that, except for
water quality, and after complying with tribal consultation
requirements, DFW may determine that significant environmental
impacts to resources other than fish and wildlife resources
caused by suction dredge mining are fully mitigated if a
regulation adopted by DFW to implement Fish and Game Code
Section 5653 requires compliance with other laws and provides
that nothing in any permit issued by DFW for suction dredge
mining relieves the permittee of responsibility to comply with
all applicable laws.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Assembly Appropriations Committee:
1)Increased fee authority for DFW to cover all reasonable costs
of regulating suction dredge mining activities.
2)Although DFW is not presently issuing section dredging
permits, the current fee levels are as follows: Suction Dredge
Permit - $50.75 (resident), $200 (nonresident); Suction Dredge
Permit Investigation - $260.50 (resident), $440.25
(nonresident). Currently, DFW may adjust the fees based on
changes in the Implicit Price Deflator for State and Local
Governments. This bill, instead, allows DFW to adjust fees
based on reasonable costs.
3)Increased costs of approximately $420,000 annually for two
years for the SWRCB to develop water quality permit conditions
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for suction dredge mining (Waste Discharge Permit Fund).
4)Absorbable costs for regional SWRCB to administer the permits.
SUPPORT: (Verified9/11/15)
Sierra Fund (source)
California Trout California
Coastkeeper Alliance
California Nations Indian Gaming Association
California Wilderness Coalition
Center for Biological Diversity
Clean Water Action
East Bay Municipal Utility District
Environmental Protection Information Center
Friends of the Eel River Friends of the River
Karuk Tribe
Klamath Riverkeeper
North Fork American River Alliance
Pacific Coast Federation of Fishermen's Associations
Sierra Club California
Sierra Nevada Alliance
South Yuba River Citizens League
Trout Unlimited
Tule River Indian Tribe of California
Yurok Tribe
OPPOSITION: (Verified9/11/15)
Miners Assembled
Western Mining Alliance
Several individuals
ARGUMENTS IN SUPPORT: Supporters note that the permit
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program developed by DFW, and the associated environmental
analysis, found that suction dredge mining activities create
significant and unavoidable impacts to water quality and
cultural resources that DFW lacks the authority to mitigate.
Current law places a moratorium on the issuance of permits
unless and until DFW is able to fully mitigate all significant
environmental impacts, something they are not able to do today.
However, the moratorium may be lifted as a result of pending
litigation. Supporters note that suction dredge mining has been
shown to increase levels of highly toxic methyl mercury in
California waters, and to negatively affect fish species such as
commercially valuable runs of Chinook salmon and Coho salmon
that are listed under the Endangered Species Act. Supporters
further emphasize that while they don't oppose responsible
mining, suction dredge mining should not be allowed to occur at
the expense of clean water, cultural resources, and fisheries.
Some supporters also note that the impacts to water quality
caused by suction dredge mining are especially alarming in light
of the ongoing drought and efforts to conserve ever depleting
water sources.
ARGUMENTS IN OPPOSITION: Opponents assert that the activities
of suction dredge mining do not result in a waste discharge to
waters of the state and therefore are not activities that should
be subject to waste discharge permit requirements under the
Clean Water Act. They further assert that suction dredge miners
help to improve water quality by removing mercury, lead, and
other waste and trash from streambeds. Some opponents also
assert that suction dredge mining is beneficial to fish, by
decompacting gravel beds and creating depressions that act as
cold water refugia for fish, and that passage of this bill would
have negative economic impacts, particularly on small scale
suction dredge miners.
Prepared by:William Craven / N.R. & W. / (916) 651-4116
9/11/15 21:00:50
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