BILL ANALYSIS �
AB 792
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Date of Hearing: June 13, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 792 (Steinberg) - As Introduced: February 18, 2011
SENATE VOTE : 31-8
SUBJECT : Surface mining: mineral resource management policies
SUMMARY : Amends the content of a local government's mineral
resources management policies, which is required by the Surface
Mining and Reclamation Act of 1975 (SMARA), so that it assists
in the management of land use that affects access to areas that
contain mineral deposits of statewide and regional significance.
EXISTING LAW :
1)Finds and declares that the extraction of minerals is
essential to the continued economic well-being of the state
and to the needs of the society, and that the reclamation of
mined lands is necessary to prevent or minimize adverse
effects on the environment and to protect the public health
and safety.
2)Requires the State Mining and Geology Board (Board) to adopt
regulations that establish state policy for the reclamation of
mined lands.
3)Requires the Office of Planning and Research (OPR) to identify
areas within the state that are urbanized or are subject to
urban expansion or other irreversible land uses that would
preclude mineral extraction.
4)Requires the State Geologist to classify each area identified
by OPR as (1) an area that contains mineral deposits and is
not of regional or statewide significance; (2) an area that
contains mineral deposits and is of regional or statewide
significance; or (3) an area containing mineral deposits, the
significance of which requires further evaluation.
5)Defines "area of regional significance" and "area of statewide
significance" as areas designated by the Board that are known
to contain deposits of minerals that are of prime importance
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in meeting future needs for minerals either in a region or the
state and, if prematurely developed for alternate incompatible
land uses, could result in the permanent loss of minerals.
6)Requires the State Geologist to transmit the information
regarding mineral land classification to the Board for
incorporation into the state policy for the reclamation of
mined lands and for transmittal to lead agencies (i.e. the
public agencies that have the principal responsibility for
approving reclamation plans).
7)Requires a lead agency, within 12 months of receiving mineral
land classification information from the State Geologist and
also within 12 months of the designation of an area of
statewide or regional significance in its jurisdiction, to
establish mineral resources management policies in its general
plan that will, among other things, "assist in the management
of land use �that] affect areas of statewide and regional
significance" and "emphasize the conservation and development
of identified mineral deposits."
8)Requires a lead agency to submit its proposed mineral
resources management policies to the Board for review and
comment prior to adoption.
9)Provides that if a lead agency seeks to permit land use that
would threaten the potential to extract minerals in an area
classified and designated as having important materials to be
protected, the lead agency must first prepare a statement
specifying its reasons for permitting the proposed use. The
lead agency must also provide public notice of the statement,
a public hearing, and written responses to public comments.
THIS BILL amends the content of a lead agency's mineral
resources management policies so that they assist in the
management of land use that affects access to areas of statewide
and regional significance.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Background. Construction aggregate (e.g. sand, gravel, and
crushed stone) is necessary material to support the
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construction and maintenance of the state's public and private
infrastructure, such as roadways, bridges, dams, canals, and
buildings. In 2005, California consumed about 235 million
tons of construction aggregate or about 6.6 tons per person.
A 2006 report by the California Geological Survey explains
that the state will need 13.5 billion tons of construction
aggregate in the period between 2006 and 2056 and has only 4
billion tons under permit. It is unknown what effect the
recession has had on these estimates. The State Geologist has
identified lands containing up to 74 billions tons of
non-permitted construction aggregate that are likely suitable
to meet the state's projected needs.
To help protect the future development of non-permitted
aggregate resources, lead agencies are required to establish
mineral resources management policies that, among other
things, "assist in the management of land use �that] affect
areas of statewide and regional significance" and "emphasize
the conservation and development of identified mineral
deposits." A lead agency is required to incorporate its
mineral resources management policies into its general plan.
If a lead agency wishes to permit a use that would threaten
the potential to extract minerals from a designated area of
statewide or regional significance, it must first prepare a
statement specifying its reasons for permitting the proposed
use, provide public notice of the statement and a 60 day
public review period, hold a public hearing, and respond in
writing to comments received.
A lead agency's mineral resources management policies are not
required to focus on land use that affects access to areas
with mineral deposits of significance. Access to mineral
deposits, however, affects the ability to develop mineral
deposits in the future. This bill will require a lead agency,
as part of its mineral resources management policies, to
assist in the management of land use that affects access to
areas of statewide and regional significance.
2)Purpose of Mineral Resources Management Policies. One of the
major purposes of requiring lead agencies to establish mineral
resources management policies is that they ensure that the
mineral resource potential of lands is recognized and
considered in the land use planning process. These polices do
not require lead agencies to develop mineral resources, nor do
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they preempt any law or regulation regarding permitting or
environmental review.
3)The Effect of the Bill. According to a 2007 report from the
Board, the Commission on State Mandates adopted a decision in
1985 holding that the statute requiring a lead agency to
establish mineral resources management policies constitutes a
reimbursable mandate. The consequence of this decision is
that a lead agency is not required to establish mineral
resources management policies if reimbursement is not
provided. Reimbursement is provided for lead agencies under
certain circumstances; however, when no reimbursement is
provided, the establishment of mineral resources management
policies is voluntary. As such, this bill will only affect
lead agencies that receive reimbursement and lead agencies
that voluntarily comply with the law despite not receiving
reimbursement.
Under existing law, a lead agency is required to submit its
proposed mineral resources management policies to the Board
for review and comment prior to adoption. However, according
to the 2007 report reference above, the Board does not have a
consistent process for recognizing a lead agency's mineral
resources management policies. As such, the Board does not
know how many lead agencies have established mineral resources
management policies.
Since not all lead agencies are required to establish mineral
resources management policies and since the Board does not
know how many lead agencies have adopted policies, the effect
of the bill is unknown. According to the sponsors, however,
there are enough lead agencies with mineral resources
management policies for this bill to be effective.
REGISTERED SUPPORT / OPPOSITION :
Support
California Construction & Industrial Materials Association
Sespe Consulting, Inc.
Western Oilfield Supply Company
Opposition
None on file
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Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092