BILL ANALYSIS �
SB 143
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Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 143 (Rubio) - As Amended: June 11, 2012
Policy Committee: Natural
ResourcesVote:6-1
Urgency: NO State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill limits to two five-year periods the number of times a
lead agency may renew an idle surface mine's interim management
plan.
FISCAL EFFECT
Negligible costs, if any, to the Department of Conservation.
COMMENTS
1)Rationale. The author describes this bill as cleanup to his
SB 108 (Chapter 491, Statutes of 2011), which, among other
things, allows a lead agency to renew an idle mine's interim
management plan every five years during which mining is
inactive, without limit. The author describes this bill as
balancing the need of mine operators to temporarily curtail
activity at active mines during economic downturns and the
need of the state to ensure permanently inactive mines are
appropriately reclaimed.
2)Background. Under the Surface Mining and Reclamation Act
(SMARA), lead agencies must adopt a surface mining ordinance,
approved by the Department of Conservation's State Mining and
Geology Board, before approving mining operations in their
jurisdictions. The ordinance must specify requirements for
mine operation permits, as well as requirements for
reclamation plans and maintenance of financial assurances.
In order to legally operate a mine, a mine operator must
possess a surface mining permit and an approved reclamation
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plan. In general, a reclamation plan describes the nature of
the surface mining operation and explains how the land will be
restored after mining ceases, noting such concerns as
controlling groundwater contamination, rehabilitating habitat,
and stabilizing geological features. Operators must also
provide financial assurances to cover the costs the local
government or the state would incur if either has to reclaim
the land in the event the operator fails to do so.
SMARA also requires lead agencies annually to inspect all
mines in their jurisdictions. These inspections in part are to
determine whether mine operators are operating in accordance
with the approved reclamation plan and mining permit. Mine
operators are responsible for the cost of inspection.
In addition, mine operators are required to report annually to
the lead agency and the department's Office of Mine
Reclamation. The report must describe the mining operation
during the previous calendar year and must include specified
information pertaining to ownership, production, land
disturbance and documentation of financial assurances,
reclamation plans and inspections.
A mining operation is legally considered idle if production is
curtailed by more than 90% of the previous maximum annual
mineral production for a period of one year or more and there
is intent to resume surface mining operations at a future
date. An idle mine differs from an abandoned mine, in that
the latter is considered an active mine for which production
permanently has ceased and that must undergo reclamation,
consistent with a reclamation plan. The operator of an idle
mine must submit an interim management plan to the lead
agency, which describes how the mine will be managed during
its idle period.
3)Support. This bill is supported by The Sierra Fund, which
advocates for the preservation and restoration of the natural
resources of the Sierra Nevada.
4)Opposition. This bill is opposed by the Regional Council of
Rural Counties, who contend the bill threatens the ability of
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mine operators to keep their mines active.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081