BILL NUMBER: AB 2254 CHAPTERED 09/19/00 CHAPTER 514 FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2000 APPROVED BY GOVERNOR SEPTEMBER 17, 2000 PASSED THE SENATE AUGUST 25, 2000 PASSED THE ASSEMBLY AUGUST 25, 2000 AMENDED IN SENATE AUGUST 22, 2000 AMENDED IN SENATE AUGUST 14, 2000 AMENDED IN SENATE AUGUST 7, 2000 AMENDED IN ASSEMBLY APRIL 26, 2000 AMENDED IN ASSEMBLY APRIL 4, 2000 INTRODUCED BY Assembly Member Gallegos FEBRUARY 24, 2000 An act to amend Section 662 of the Public Resources Code, relating to mining. LEGISLATIVE COUNSEL'S DIGEST AB 2254, Gallegos. State Mining and Geology Board. Existing law establishes the State Mining and Geology Board, consisting of 9 members appointed by the Governor. Existing law prohibits any member of the board from participating in any action of the board or attempt to influence any decision of the board that involves himself or herself, or any person with whom he or she is connected, as a director, officer, paid consultant, or full-time or part-time employee, or in which he or she has a financial interest, as defined. This bill would prohibit more than 1/3 of the members of the board from being currently employed by, or receiving more than 25% of their annual income, not to exceed $25,000 a year per member from, entities that own or operate mines in California. This bill would require a member of the board who determines that he or she has a conflict of interest on a particular matter before the board to provide the clerk of the board with a brief written explanation of the basis for the conflict of interest, which shall become a part of the public record of the board. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 662 of the Public Resources Code is amended to read: 662. (a) One member of the board shall be a registered geologist with background and experience in mining geology; one member shall be a mining engineer with background and experience in mining minerals in California; one member shall have background and experience in groundwater hydrology, water quality, and rock chemistry; one member shall be a representative of local government with background and experience in urban planning; one member shall have background and experience in the field of environmental protection or the study of ecosystems; one member shall be a registered geologist, registered geophysicist, registered civil engineer, or registered structural engineer with background and experience in seismology; one member shall be a landscape architect with background and experience in soil conservation or revegetation of disturbed soils; one member shall have background and experience in mineral resource conservation, development, and utilization; and one member shall not be required to have specialized experience. (b) All members of the board shall represent the general public interest, but not more than one-third of the members at any one time may be currently employed by, or receive more than 25 percent of their annual income, not to exceed $25,000 a year per member, from an entity that owns or operates a mine in California. The representative of local government shall not be considered an employee of an entity that owns or operates a mine if the lead agency employing the representative owns or operates a mine. For purposes of this section, retirement or other benefits paid by a mining entity to an individual who is no longer employed by that entity are not considered to be compensation, if those benefits were earned prior to the date the individual terminated his or her employment with the entity. (c) If a member of the board determines that he or she has a conflict of interest on a particular matter before the board pursuant to subdivision (b) or Section 663, he or she shall provide the clerk of the board with a brief written explanation of the basis for the conflict of interest, which shall become a part of the public record of the board. The written explanation shall be delivered prior to the time the matter to which it pertains is voted on by the board. This disclosure requirement is in addition to any other conflict-of-interest disclosure requirement imposed by law.