SB 1133, as amended, 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.
begin insertThe bill would exempt the board of supervisors from the payment of annual reporting fees and make a surface mining operator, acting under the authority of the management plan, responsible for payment of annual fees associated with the operator’s sale of produced materials. The bill would also require the release of required financial assurances to comply with specified regulatory provisions and incorporate certain cross-reference changes made by Chapter 7 of the Statutes of 2016.end insert
(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:
Section 2715.5 of the Public Resources Code is
2amended to read:
(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, shall
6be considered to be a functional equivalent of a reclamation plan
7for the purposes of this chapter. No other reclamation plan shall
8be required to be reviewed and approved for any excavation project
9subject to the Cache Creek Resource Management Plan that is
10conducted in conformance with an approved site specific plan that
11is consistent with the Cache Creek Resource Management Plan
12and the standards specified in that plan governing erosion control,
13channel stabilization, habitat restoration, flood control, or
14infrastructure maintenance, if that plan is reviewed and
approved
15by a lead agency pursuant to this chapter.
16(b) For purposes of this section, the board of supervisors of the
17county in which the Cache Creek Resource Management Plan is
18to be implemented shall prepare and file the annual report required
19to be prepared pursuant to Sectionbegin delete 2207.end deletebegin insert 2207, indicating the
20quantity of minerals produced. The board of supervisors shall be
21exempt from the payment of annual reporting fees imposed
22pursuant to paragraph (1) of subdivision (d) of Section 2207. A
23surface mining operator, acting under the authority of the Cache
P3 1Creek Resource Management Plan, shall be responsible for
2payment of annual fees associated with sales by the operator of
3produced materials.end insert
4(c) Nothing in this section precludes an enforcement action by
5the board or the department brought pursuant to this chapter or
6Section 2207 if the lead agency or the director determines that a
7surface mining operator, acting under the authority of the Cache
8Creek Resource Management Plan, is not in compliance with the
9requirements of this chapter or Section 2207.
10(d) For purposes of this section, “site specific plan” means an
11individual project plan approved by the lead agency that is
12consistent with the Cache Creek Resource Management Plan. Site
13specific plans prepared in conformance with the Cache Creek
14Resource Management Plan shall include, at a minimum, the
15
information required pursuant to subdivision (c) of Section 2772,
16shall comply with the requirements of Article 9 (commencing with
17Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title
1814 of the California Code of Regulations, and shall be provided
19along with a financial assurance estimate to the department for
20review and comment pursuant to Sectionbegin delete 2774.end deletebegin insert 2772.1 or 2773.4,
21as applicable.end insert Notwithstanding the number of days authorized by
22begin delete paragraph (1) of subdivision (d) of Section 2774,end deletebegin insert subdivision (b)
23of Section 2772.1 or subdivision (c) of Section 2773.4,end insert
the
24department shall review the site specific plan and the financial
25assurance estimate and prepare any written comments within 15
26days from the date of receipt of the plan and the estimate.
27(e) Prior to engaging in an excavation activity in conformance
28with the Cache Creek Resource Management Plan, a surface mining
29operation shall be required to obtain financial assurances that meet
30the requirements of Section 2773.1.begin insert Release of financial assurances
31shall comply with the provisions of Article 9 (commencing with
32Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title
3314 of the California Code of Regulations.end insert
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36a local agency or school district has the authority to levy service
37charges, fees, or assessments sufficient to pay for the program or
P4 1level of service mandated by this act, within the meaning of Section
217556 of the Government Code.
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