Senate BillNo. 1133


Introduced by Senator Wolk

(Coauthor: Assembly Member Dodd)

February 18, 2016


An act to amend Section 2715.5 of the Public Resources Code, relating to surface mining.

LEGISLATIVE COUNSEL’S DIGEST

SB 1133, as introduced, Wolk. Cache Creek Resource Management Plan.

(1) The Surface Mining and Reclamation Act of 1975 governs surface mining operations and reclamation of mined lands and provides, among other things, for the submission of reclamation plans to, and issuance of permits by, lead agencies with respect to surface mining operations. Until December 31, 2017, a site specific plan in conjunction and consistent with the Cache Creek Resource Management Plan is to be considered a functional equivalent of a reclamation plan for purposes of the act. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented is required, until December 31, 2017, to prepare and forward to the Director of Conservation annually a report containing specified information relating to mining operations.

This bill would delete the repeal date for these provisions, thereby extending the operation of these provisions indefinitely. By extending the duties of the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented, the bill would impose a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

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SECTION 1.  

Section 2715.5 of the Public Resources Code is
2amended to read:

3

2715.5.  

(a) The Cache Creek Resource Management Plan, in
4conjunction with a site specific plan deemed consistent by the lead
5agency with the Cache Creek Resource Management Plan,begin delete until
6December 31, 2017,end delete
shall be considered to be a functional
7equivalent of a reclamation plan for the purposes of this chapter.
8No other reclamation plan shall be required to be reviewed and
9approved for any excavation project subject to the Cache Creek
10Resource Management Plan that is conducted in conformance with
11an approved site specific plan that is consistent with the Cache
12Creek Resource Managementbegin delete Plan,end deletebegin insert Planend insert and the standards
13specified in that plan governing erosion control, channel
14stabilization, habitat restoration, flood control, or infrastructure
15maintenance, if that plan is reviewed and approved by a lead
16agency pursuant to this chapter.

17(b) For purposes of this section, the board of supervisors of the
18county in which the Cache Creek Resource Management Plan is
19to be implemented shall prepare and file the annual report required
20to be prepared pursuant to Section 2207.

21(c) Nothing in this section precludes an enforcement action by
22the board or the department brought pursuant to this chapter or
23Section 2207 if the lead agency or the director determines that a
24surface mining operator, acting under the authority of the Cache
25Creek Resource Management Plan, is not in compliance with the
26requirements of this chapter or Section 2207.

27(d) begin delete“Site end deletebegin insertFor purposes of this section, “site end insertspecificbegin delete plan,” for
28the purposes of this section,end delete
begin insert plan”end insert means an individual project
29plan approved by the lead agency that is consistent with the Cache
30Creek Resource Management Plan. Site specific plans prepared
31in conformance with the Cache Creek Resource Management Plan
32begin delete shall, at a minimum, includeend deletebegin insert shall include, at a minimum,end insert the
33 information required pursuant to subdivision (c) of Section 2772,
P3    1shall comply with the requirements of Article 9 (commencing with
2Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title
314 of the California Code of Regulations, and shall be provided
4along with a financial assurance estimate to the department for
5review and comment pursuant to Section 2774. Notwithstanding
6the number of days authorized by paragraph (1) of subdivision (d)
7of Section 2774, the department shall review the site specific plan
8and the financial assurance estimate and prepare any written
9comments within 15 days from the date of receipt of the plan and
10the estimate.

11(e) Prior to engaging in an excavation activity in conformance
12with the Cache Creek Resource Management Plan, a surface mining
13operation shall be required to obtain financial assurances that meet
14the requirements of Section 2773.1.

begin delete

15(f) This section shall remain in effect only until December 31,
162017, and as of that date is repealed, unless a later enacted statute
17that is enacted before December 31, 2017, deletes or extends that
18date.

end delete
19

SEC. 2.  

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21a local agency or school district has the authority to levy service
22charges, fees, or assessments sufficient to pay for the program or
23level of service mandated by this act, within the meaning of Section
2417556 of the Government Code.



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