BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2509|
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CONSENT
Bill No: AB 2509
Author: Nielsen (R)
Amended: 6/28/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES & WATER COMM. : 9-0, 6/12/12
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/17/12 (Consent) - See last page
for vote
SUBJECT : Surface mining and reclamation plans: exempted
activities
SOURCE : Sutter County
DIGEST : This bill exempts from certain regulatory
requirements of the Surface Mining and Reclamation Act
excavation or grading of lands for purposes of farming, and
also for the immediate excavation or grading of lands
affected by a natural disaster for the purposes of
restoring those lands to their prior condition and the
immediate removal of material deposited by a flood onto
lands being farmed for the purpose of restoring those lands
to their prior condition.
ANALYSIS :
CONTINUED
AB 2509
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Existing law, the Surface Mining and Reclamation Act of
1975 (SMARA):
1. Prohibits a person from conducting a surface mining
operation unless,
among other things, a reclamation plan has been
submitted to and approved by the lead agency, as
defined, for the operation.
2. Excepts from those requirements certain activities
including, among other things, excavations or grading
conducted for farming or the immediate excavation or
grading of lands affected by a flood or natural disaster
for the purpose of restoring those lands to their prior
condition.
This bill exempts from certain regulatory requirements of
SMARA excavation or grading of lands for purposes of
farming, and also for the immediate excavation or grading
of lands affected by a natural disaster for the purposes of
restoring those lands to their prior condition and the
immediate removal of material deposited by a flood onto
lands being farmed for the purpose of restoring those lands
to their prior condition.
Background
SMARA governs surface mining and the extraction of
minerals, including sand and gravel, in California. SMARA
provides the conditions and terms that operators and local
governments follow to approve mining operations, including
the provisions for financial assurances and reclamation
plans when mining operations are completed. Additionally,
SMARA contains exemptions for certain activities that are
not considered subject to SMARA.
One of those exemptions in Public Resources Code Section
2714(a) is for excavations or grading conducted for farming
or the immediate excavation or grading of lands affected by
a flood or natural disaster for the purpose of restoring
those lands to their prior condition.
Another exemption in Public Resources Code Section 2714(d)
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applies to small-scale mining activities for commercial
purposes where the amount of material removed totals less
than 1,000 cubic yards and the total surface area that is
disturbed is less than one acre.
Regulations of the State Mining and Geology Board have been
interpreted by the Board to impose a quantitative limit of
1,000 cubic yards of material on the
agricultural/restoration exemption that is not contained in
the statute. The agricultural and natural disaster
exemption in statute is not limited to projects involving
1,000 cubic yards or less. The regulation of the Board is
at California Code of Regulations, Title 14, Section 3505.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/21/12)
Sutter County (source)
ARGUMENTS IN SUPPORT : According to the author and
sponsor, Sutter County, this bill is necessary to make it
clear that state law, regardless of any regulations of the
State Mining and Geology Board, allows farmers to remove
and sell soil and other materials as provided in Public
Resources Code Section 2714(a).
ASSEMBLY FLOOR : 75-0, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, V. Manuel P�rez, Portantino, Silva, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, John A. P�rez
NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Perea,
AB 2509
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Skinner, Yamada
CTW:m 6/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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