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.
The bill wouldbegin insert require the board of supervisors of that county to include the quantity of materials produced in an annual report and wouldend insert exempt the boardbegin delete of supervisorsend delete
from the payment of annual reportingbegin delete fees andend deletebegin insert fees. The bill wouldend insert make a surface mining operator, acting under the authority of the management plan, responsible for payment of annual fees associated withbegin delete the operator’s sale of produced materials.end deletebegin insert the quantity of materials produced end insertbegin insertand require the operator to include the quantity of materials produced in the operator’s end insertbegin insertannual report to the director.end insert 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.
(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 filebegin delete theend deletebegin insert anend insert annual report
P3 1required to be prepared pursuant to Section 2207, indicating the
2quantity of minerals produced. The board of supervisorsbegin insert of the
3county in which the Cache Creek Resource Management Plan is
4to be implementedend insert shall be exempt from the payment of annual
5reporting fees imposed pursuant to paragraph (1) of subdivision
6(d) of Section 2207. A surface mining operator, acting under the
7authority of the Cache Creek Resource Management Plan, shall
8
begin delete be responsible for payment of annual fees associated with sales begin insert
include in the operator’s
9by the operator of produced materials.end delete
10annual report required pursuant to Section 2207 the quantity of
11materials produced end insertbegin insertand shall be responsible for payment of annual
12fees associated with the quantity of minerals producedend insertbegin insert.end insert
13(c) Nothing in this section precludes an enforcement action by
14the board or the department brought pursuant to this chapter or
15Section 2207 if the lead agency or the director determines that a
16surface mining operator, acting under the authority of the Cache
17Creek Resource Management Plan, is not in compliance with the
18requirements of this chapter or Section 2207.
19(d) For purposes of this section, “site specific plan” means
an
20individual project plan approved by the lead agency that is
21consistent with the Cache Creek Resource Management Plan. Site
22specific plans prepared in conformance with the Cache Creek
23Resource Management Plan shall include, at a minimum, the
24information required pursuant to subdivision (c) of Section 2772,
25shall comply with the requirements of Article 9 (commencing with
26Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title
2714 of the California Code of Regulations, and shall be provided
28along with a financial assurance estimate to the department for
29review and comment pursuant to Section 2772.1 or 2773.4, as
30applicable. Notwithstanding the number of days authorized by
31subdivision (b) of Section 2772.1 or subdivision (c) of Section
322773.4, the department shall review the site specific plan and the
33financial assurance estimate and prepare any written comments
34within 15 days from the date of receipt of the plan and the estimate.
35(e) Prior to engaging in an excavation activity in conformance
36with the Cache Creek Resource Management Plan, a surface mining
37operation shall be required to obtain financial assurances that meet
38the requirements of Section 2773.1. Release of financial assurances
39shall comply withbegin insert Section 2773.1 andend insert the provisions of Articlebegin delete 9end delete
40begin insert 11end insert (commencing with Sectionbegin delete 3700)end deletebegin insert 3800)end insert of Subchapter 1 of
P4 1Chapter 8 of Division 2 of Title 14 of the California Code of
2Regulations.
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5a local agency or school district has the authority to levy service
6charges, fees, or assessments sufficient to pay for the program or
7level of service mandated by this act, within the meaning of Section
817556 of the Government Code.
CORRECTIONS:
Amended Date--Page 1.
O
Corrected 6-21-16—See last page. 97