BILL ANALYSIS Ó
SB 1133
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Date of Hearing: June 13, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
SB
1133 (Wolk) - As Amended May 26, 2016
SENATE VOTE: 38-0
SUBJECT: Cache Creek Resource Management Plan
SUMMARY: Eliminates the sunset date of December 31, 2017 for
allowing the Cache Creek Resources Management Plan (CCRMP), in
conjunction with a site specific plan, to serve as the
functional equivalent of a mining reclamation plan.
EXISTING LAW:
1)Creates Surface Mining and Reclamation Act (SMARA), which
prohibits a person from conducting surface mining operations
unless the lead agency for the operation issues a surface
mining permit and approves a reclamation plan and financial
assurances for reclamation. Depending on the circumstances, a
lead agency can be a city, county, the San Francisco Bay
Conservation and Development Commission, or the California
State Mining and Geology Board (Board). Reclamation plans and
financial assurances must be submitted to the Director of the
Department of Conservation (DOC) for review.
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2)Requires lead agencies to require financial assurances for
each surface mining operation to ensure reclamation is
performed in accordance with the surface mining operation's
approved reclamation plan.
3)Prohibits a financial assurance mechanism from being released
without the consent of the lead agency and DOC.
4)Establishes, until December 31, 2017, the CCRMP, in
conjunction with a site specific plan deemed consistent by the
lead agency with the CCRMP, which is considered the functional
equivalent of a reclamation plan for the purposes of SMARA.
THIS BILL:
1)Permanently authorizes the CCRMP, in conjunction with a site
specific plan, to serve as the functional equivalent of a
mining reclamation plan.
2)Exempts the Board of Supervisors from the payment of annual
reporting fees and instead requires a surface mining operator
acting under the authority of CCRMP to be responsible for
payment of annual fees.
3)Specifies the release of financial assurances comply with
specified regulations dealing with reclamation standards.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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COMMENTS:
1)Background. Cache Creek is a tributary of the Sacramento
River that flows primarily through agricultural lands in Yolo
County. Due to its high quality aggregate and proximity to
the markets, Cache Creek has been a major focus of gravel and
aggregate miners since the highway boom of the 1950's.
In-stream mining has created a significant sediment deficit in
the tributary, removing more aggregate than has been annually
deposited. Although not the only cause, this deficit has
contributed to the lowering of the streambed, which has in
turn increased scour and flow velocity, resulting in a
generally imbalanced creek system.
Concerned over the noticeable degradation of Cache Creek, Yolo
County began to turn its attention towards taking better care
of the natural resource. In 1994, after 20 years of various
advisory committees, studies, and draft plans, the Yolo County
Board of Supervisors adopted a framework of goals and
objectives for the CCRMP focusing on seven elements covering
agriculture, aggregate resources, riparian and wildlife
resources, water resources, floodway and channel stability,
open space and recreation, and the cultural landscape of the
Cache Creek area. The CCRMP is based on the key assumption
that Cache Creek must be viewed as a total system, as opposed
to a singular focus on the issue of mining. The actual plan
itself was adopted by Yolo County in 1996 and revised in 2002.
The CCRMP has been successful in shifting commercial mining
activities to off-channel mining while developing an
integrated approach to maintain sufficient capacity in the
creek to convey flood waters which is supported, to a certain
extent, by the private firms that conduct off-stream mining.
2)Yolo County. According to the County:
Yolo County has a local ordinance governing
non-commercial in-channel mining and, as required by
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the Public Resources Code, this ordinance has been
approved by the State Mining and Geology Board and
deemed consistent with state policy. By removing the
sunset date and thus continuing to allow the CCRMP to
fulfill the reclamation plan requirements of SMARA, SB
1133 will allow Yolo County to undertake vital habitat
enhancement, channel maintenance, and flood control
projects in Lower Cache Creek in a streamlined and
timely manner.
3)Amendments. The author and committee may wish to consider
adopting technical amendments to clarify which county is
exempt from annual fees and correct a cross reference.
4)Prior legislation. SB 113 (Wolk), Chapter 145, Statutes of
2011, extended the sunset provision for the Cache Creek
Resource Management Plan until December 2017.
REGISTERED SUPPORT / OPPOSITION:
Support
Cache Creek Conservancy
California Construction and Industrial Materials Association
Granite Construction
Syar Industries
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Yolo County Board of Supervisors
Yolo County Flood Control and Water Conservation District
Opposition
None on file
Analysis Prepared by:Michael Jarred / NAT. RES. / (916)
319-2092