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 792 HEARING DATE: March 22, 2011
AUTHOR: Steinberg URGENCY: No
VERSION: As Introduced CONSULTANT: Bill Craven
DUAL REFERRAL: Rules FISCAL: Yes
SUBJECT: Surface mining: mineral resource management policies.
BACKGROUND AND EXISTING LAW
The Surface Mining and Reclamation Act (SMARA) is the state law
that authorizes and regulates mining activities in California.
It applies to mining of precious metals as well as the mining of
sand and gravel. In general terms, the law generally requires an
environmental analysis of the proposed activity, adherence to
the laws and regulations that govern operations, and the mine
reclamation requirements which are enforced by the Department of
Conservation and the State Mining and Geology Board and
financial assurances adequate to ensure compliance with a mine
reclamation plan. SMARA generally designates local governments
as the lead agency for purposes of approving mining activities.
However, the identification of regionally significant mineral
resource deposits is an important component of SMARA that is
administered at the state level. This is accomplished through
two processes known as classification and designation.
Classification is the process by which the California Geological
Society identifies lands containing significant mineral
deposits. Classification may be initiated by a member of the
public and must be approved for further consideration by the
state geologist.
On the other hand, the California Mining and Geology Board
(Board) is responsible for the second phase, which allows the
Board to designate areas within a production region that contain
significant deposits of certain mineral resources that may be
needed to meet the region's future demand. Designations are
recognized under the California Environmental Quality Act
(CEQA). For purposes of evaluating a future project under CEQA,
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a lead agency has to inform the state geologist of a project
that may impact a designated resource and explain why a proposed
land use may be approved despite the designation of the
resource.
In the CEQA guidelines, an impact related to a mineral resource
is considered significant if it would either result in the loss
of availability of a known mineral resource that would be of
value to the region or result in the loss of availability of an
important mineral resource site delineated on a local general
plan, specific plan, or other land use plan.
As for classifications,which is the subject of SB 792, the state
geologist classifies lands into mineral resource zones (MRZ)
based on the known or inferred mineral resource potential of
that land. The classification process is based solely on
geology, without regard to land use or ownership. The primary
goal of mineral land classification is to help ensure that the
mineral resource potential of lands is recognized and considered
in the land use planning process. The MRZ categories are:
MRZ-1: Areas where adequate information indicates that no
significant mineral
deposits are present or where it is judged that little
likelihood exists for their
presence.
MRZ-2: Areas where adequate information indicates significant
mineral deposits
are present or where it is judged that a high likelihood exists
for their presence.
MRZ-3: Areas containing mineral deposits, the significance of
which cannot be
evaluated from available data.
MRZ-4: Areas where available information is inadequate for
assignment to any
other MRZ.
Additionally, SMARA requires local governments to establish
mineral management policies that meet specified criteria in Sec.
2762 of the Public Resources Code including requirements to
recognize the mineral information classified by the state
geologist and to emphasize the conservation and development of
identified mineral deposits. The plans are to reflect any
information about classified mineral resources and are to be
incorporated into a local government's general plan.
To the mining industry, classification and designation efforts
are important because on a regionally-specific basis, permitted
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and available sand and gravel resources are declining and
perhaps inadequate for future expected growth. These pressures,
largely related to development, have declined during the ongoing
economic and housing slump, but are expected to return in the
future. Additionally, the industry is concerned because access
to these resources is sometimes precluded by local land use
decisions. According to the California Geologic Survey, there is
a significant shortfall of locations that can produce the sand
and gravel that California will need in the next 3 decades.
PROPOSED LAW
This bill would amend the required contents of the mineral
management policies so that these plans would "assist in the
management of land use that affects access to areas of statewide
and regional significance."
ARGUMENTS IN SUPPORT
The California Construction and Industrial Materials Association
and several of its members have expressed support for this bill
in order to help obtain in-state materials that are necessary
for public and private infrastructure projects in California and
to decrease the costly importation of materials across great
distances within California and even from other states and
nations.
ARGUMENTS IN OPPOSITION
None received
COMMENTS
By adding these three words-"affects access to"-in mineral
management policies, the author and sponsor believe that a more
robust discussion will occur with local governments concerning
land use decisions that may affect these resources. It is
important to point out that the industry considers this an
important but necessary first step since it not a regulatory
mandate on local governments. The bill does not change the
provisions of Sec. 2761 that pertain to compliance with CEQA or
the provision that local governments must notify the state
geologist when it approves land use decisions that threaten the
potential to extract minerals in that area. In other words, this
bill is an attempt to enhance the importance to local
governments of providing adequate mineral resources for their
communities and their regions when they make land use decisions
that affect classified resource areas.
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SUPPORT
California Construction and Industrial Materials Association
(sponsor)
Vulcan Materials Company
Holliday Companies
Basic Resources, Inc.
LeHigh Hanson
A.Teichert & Sons, Inc.
OPPOSITION
None Received
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