AB 1161, as amended, Salas. Nuisance: mining activities.
Existing law defines a nuisance, in part, as anything that is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Existing law authorizes various remedies for nuisances, including remedies to effect abatement and damages. Existing law provides, among other things, that no agricultural activity, operation, facility, or appurtenances thereof, as defined, in operation for more than 3 years, and conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, shall become a nuisance due to any changed condition in the locality if it was not a nuisance at the time it began, except as specified.
This bill would provide that no mining activity, operation or facility, or
appurtenances thereof, as defined, conducted or maintained for commercial purposes by means of a quarry or pit for more than 3 years pursuant to an active, valid land use authorization and reclamationbegin delete plan, as specified,end deletebegin insert planend insert shall become a nuisance due to any changed condition in the locality if it was not a nuisance at the time it began, except as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3482.7 is added to the Civil Code, to
2read:
(a) begin deleteNo end deletebegin insertExcept as otherwise provided in this section,
4a end insertsurface mining activity, operation, or facility, or appurtenances
5thereof, shallbegin insert notend insert become a nuisance, private or public, due to a
6changed condition in or about the locality, if both of the following
7conditions are met:
8(1) The surface mining activity, operation, or facility, or
9appurtenances thereof,begin delete isend deletebegin insert
has beenend insert conducted or maintained for
10commercial purposes by means of a quarry or pit for more than
11three years from both the issuance or establishment of an active,
12valid surface mining permit, conditional use permit, or other land
13use authorization and an active, valid reclamation plan approved
14pursuant to the Surface Mining and Reclamation Act of 1975
15(Chapter 9 (commencing with Section 2710) of Division 2 of the
16Public Resources Code).
17(2) The surface mining activity, operation, or facility, or
18appurtenances thereof, described in paragraph (1) was not a
19nuisance at the time it began.
20(b) begin insert(1)end insertbegin insert end insert For purposes of paragraph (1) of subdivision (a), an
21amendment to or revision of the permit, other authorization, or
22reclamation plan described in that subdivision that authorizes a
23substantial deviation from the permit or authorization shall
24commence a new three-year period from the date of the amendment
25or revision with respect to the activity, operation, or facility, or
26appurtenances thereof that are the subject of the amendment or
27revision.begin insert A “substantial deviation” described in this subdivision
28does not include end insertbegin insertthe amendment end insertbegin insertor revision of a reclamation plan
29to bring the plan into conformity with regulations
adopted pursuant
30to subdivision (b) of Section 2773 of the Public Resources Codeend insertbegin insert.end insert
31(2) If a surface mining activity, operation, or facility, or
32appurtenance thereof becomes subject to either a final
33administrative penalty issued pursuant to subdivision (c) of Section
342774.1 of the Public Resources Code based on an express finding
35of a willful violation of the provisions of Chapter 9 (commencing
P3 1with Section 2710) of Division 2 of the Public Resources Code, or
2an action by the Attorney General that enjoins the surface mining
3activity, operations, or facility, or appurtenance thereof, under
4subdivision (d) of Section 2774.1 of the Public Resources Code,
5the three-year period for purposes of paragraph (1) of subdivision
6(a) shall
instead commence on the date immediately following the
7later of:
8(A) The date that the administrative penalty or injunction
9becomes final.
10(B) The date that the conditions giving rise to the administrative
11penalty or injunction are remediated.
12(c) Subdivision (a) shall not apply if the surface mining activity,
13operation, or facility, or appurtenances thereof, obstruct the free
14passage or use, in the customary manner, of any navigable lake,
15river, bay, stream, canal, or basin, or any public park, square, street,
16or highway.
17 (d) Subdivision (a) shall not invalidate any provision in the
18Health and Safety Code, Fish and Game Code, Food and
19Agricultural Code, or Division 7 (commencing with Section 13000)
20of the Water Code, if the mining activity, operation, or facility or
21appurtenances thereof, constitutes a nuisance, public or private,
22as specifically defined or described in any of those provisions.
23(e) This section shall prevail over any contrary provision of an
24ordinance or regulation of a city, county, city and county, or other
25political subdivision of the state. However, nothing in this section
26shall preclude a city, county, city and county, or other political
27subdivision of this state, acting within its constitutional or statutory
28authority and not in conflict with other provisions of state law,
29from
adopting an ordinance thatbegin delete allows a notification to a begin insert is not in conflict
30prospective homeowner that the dwelling is proximate to a mining
31activity, operation, facility, or appurtenances thereof, and is subject
32to this section consistent with Section 1102.6aend delete
33with this section. This section shall not affect subdivision (a) of
34Section 2715 of the Public Resources Codeend insert.
35(f) For purposes of this section, the term “surface mining
36activity, operation, or facility, or appurtenances thereof” shall
37include, but not be limited to, the excavation, extraction,
38stockpiling, or removal from land of ores and minerals, including
39sand, gravel, shells, or stone, or combinations thereof, used to
40produce
a construction material or an industrial product or other
P4 1commercial product from these ores and minerals, including the
2private ways, roads, and areas necessary to conduct that activity
3or operation, and the operation of any plant or mill for processing
4these ores and minerals, including crushers, sorters, equipment,
5machines, tools, or other materials and structures, whether present
6on or off the mine site.
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