BILL ANALYSIS �
SB 143
Page 1
Date of Hearing: July 2, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 143 (Rubio) - As Amended: June 11, 2012
SENATE VOTE : 23-13
SUBJECT : Surface mining: idle mines
SUMMARY : Limits the renewal of an idle surface mining
operation's interim management plan (IMP) to one additional
five-year renewal period at the expiration of the first
five-year renewal period.
EXISTING LAW : Pursuant to the Surface Mining and Reclamation
Act (SMARA).
1)Prohibits conducting surface mining operations without first
obtaining a permit, submitting a reclamation plan, and
providing financial assurances to a lead agency, which is
usually a local government.
2)Defines "reclamation" as the combined process of land
treatment that minimizes water degradation, air pollution,
damage to aquatic or wildlife habitat, flooding, erosion, and
other adverse effects from surface mining operations,
including adverse surface effects incidental to underground
mines, so that mined lands are reclaimed to a usable condition
which is readily adaptable for alternate land uses and create
no danger to public health or safety. The process may extend
to affected lands surrounding mined lands, and may require
backfilling, grading, resoiling, revegetation, soil
compaction, stabilization, or other measures.
3)Requires financial assurances from the surface mining operator
to ensure reclamation is performed in accordance with the
approved reclamation plan.
4)Within 90 days of a surface mining operation becoming idle,
requires the operator of a surface mining operation to submit
an IMP to the lead agency for review and approval. A mine has
become "idle" when an operator of a surface mining operation
has curtailed production at the surface mining operation, with
the intent to resume the surface mining operation at a future
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date, for a period of one year or more by more than 90 percent
of its maximum annual mineral production within any of the
last five years during which an interim management plan has
not been approved.
5)Requires the IMP to provide measures that the operator will
implement to maintain the site.
6)Allows the IMP to remain in effect for a period not to exceed
five years, at which time the lead agency shall do one of the
following:
a) Renew the IMP for an additional period not to exceed
five years, which may be renewed for additional five-year
periods at the expiration of each five-year period, if the
lead agency finds that the surface mining operator has
complied fully with the IMP.
b) Require the surface mining operator to commence
reclamation in accordance with its approved reclamation
plan.
7)Requires the financial assurances to remain in effect during
the period that the surface mining operation is idle. If the
surface mining operation is still idle after the expiration of
its IMP, the surface mining operation shall commence
reclamation in accordance with its approved reclamation plan.
FISCAL EFFECT : Unknown. This bill was gutted and amended after
it was heard in the Senate Appropriations Committee.
COMMENTS : According to a 2011 State Mining and Geology Board
(SMGB) report, "�l]ack of operator adherence to statutory
requirements can result in many surface mining operations
becoming abandoned even if such operations had an intent to
resume mining." At the time of the SMGB report, 97 mines should
have had IMPs but only 35 had them, and 35 lead agencies (more
than 28% of all lead agencies in California) had mines that
required IMPs but did not have them in place. In general,
before 2012, if an idle mine did not have an IMP, it was
considered abandoned and the operator was obligated to commence
and complete reclamation in accordance with the approved
reclamation plan.
The SMGB report referenced the need for legislative action to
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provide relief to operators that failed to follow statutory
requirements for IMPs. SB 108 (Rubio, 2011), among other
things, provides a brief amnesty period for mining operators who
did not adhere to SMARA's statutory requirements regarding IMPs.
SB 108 also allows a lead agency to renew an IMP every five
years.
This bill contains SB 108 "cleanup" language. Specifically, the
bill only allows a surface mining operation to obtain one
additional IMP renewal at the expiration of the first five-year
renewal period. Currently, SB 108 allows unlimited renewals.
According to the author, who also authored SB 108:
All mines may experience periods of idleness and may
encounter even more in the current economic downturn,
so the ability for an operator to be able to submit
and renew an Interim Management Plan is crucial.
However, it is critical that there is a limit to how
long a mine may remain idle before the reclamation
process must commence. SB 143 strikes an important
balance between creating jobs and protecting the
environment by limiting it to two renewals.
REGISTERED SUPPORT / OPPOSITION :
Support
The Sierra Fund
Opposition
Regional Council of Rural Counties
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092