BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: SB 143 HEARING DATE: August 23, 2012
AUTHOR: Rubio URGENCY: No
VERSION: June 11, 2012 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Surface mining: idle mines.
BACKGROUND AND EXISTING LAW
The Surface Mining and Reclamation Act was amended by SB 108
(Rubio) last year to amend the definition of an "idle" mine and
to make other conforming changes to SMARA. A key component of SB
108 was a provision that replaced a one-year window to determine
whether a mine is "idle" with a rolling average over a five-year
period in which the operator could assess whether or not a
mine's production dipped and could be defined as "idle."
The Surface Mining and Reclamation Act (SMARA) requires that a
mine operator prepare a reclamation plan that is approved by the
lead agency, which is usually a local government. When an
operator decides to idle a surface mining operation, SMARA
requires the operator to prepare an interim management plan
(IMP) for approval by the lead agency. Procedural provisions
detailing IMP submission and for the Department of
Conservation's approval of an IMP are also contained in SMARA.
An IMP is considered an amendment to a reclamation plan.
Typically, the IMP addresses public health and safety issues
that must be addressed until operations are resumed and often
includes runoff, drainage, erosion control, and temporary
fencing. An IMP is valid for 5 years at which time, pursuant to
SB 108, it may be renewed for successive 5 year periods.
Idle mines must maintain approved financial assurances for
reclamation and, like active mines, must file an annual report
with the department along with appropriate reporting fees. Idle
mines are also subject to annual inspections.
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As explained below, SB 108 did not limit the number of IMP
extensions an operator could obtain.
PROPOSED LAW
This bill limits the renewal of an idle surface mining operation
IMP to one additional five-year renewal period at the expiration
of the first five-year renewal period.
ARGUMENTS IN SUPPORT
According to the Sierra Fund, this bill resolves the potential
problem of an idle mine applying for an unlimited number of
extensions which would allow the mine to remain indefinitely
idle and not be required to begin reclamation activities. The
bill would allow an operator to idle the mine when demand is low
and at the same time ensure that an idle mine will begin
remediation on a reasonable timeframe.
ARGUMENTS IN OPPOSITION
None received
COMMENTS
The discussions on this topic in 2011 did not successfully
resolve the question that this bill would resolve. The author
has worked with the department and the Governor's office and the
Sierra Fund to craft this proposed solution.
SUPPORT
Sierra Fund
OPPOSITION
None Received
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