BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 792|
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THIRD READING
Bill No: SB 792
Author: Steinberg (D)
Amended: As introduced
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM : 7-1, 3/22/11
AYES: Pavley, Evans, Fuller, Kehoe, Padilla, Simitian,
Wolk
NOES: Cannella
NO VOTE RECORDED: La Malfa
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Surface mining: mineral resource management
policies
SOURCE : California Construction and Industrial
Materials Association
DIGEST : This bill amends the required contents of
mineral management policies that are adopted as part of
local general plans, so the these plans consider ways to
provide access to mineral resources for infrastructure
projects.
ANALYSIS : Existing law:
1.Prohibits a person, with exceptions, from conducting
surface mining operations unless a permit is obtained
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from, a reclamation plan is submitted to and approved by,
and financial assurances for reclamation have been
approved by, the lead agency for the operation.
2.Requires a lead agency, within 12 months of certain
occurrences, to establish, in accordance with state
policy, mineral resource management policies to be
incorporated into the lead agency's general plan.
3.Requires these policies to, among other things, assist in
the management of land use that affects areas of
statewide and regional significance.
This bill amends the required contents of mineral
management policies that are adopted as part of local
general plans, so the these plans consider ways to provide
access to mineral resources for infrastructure projects.
Background
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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/11/11)
California Construction and Industrial Materials
Association (source)
Vulcan Materials Company
Holliday Companies
Basic Resources, Inc.
LeHigh Hanson
A.Teichert & Sons, Inc.
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.
CTW:nl 4/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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