Amended in Senate April 22, 2014

Senate Bill No. 1270

Introduced by Senator Pavley

February 21, 2014

An act to amend Sections 607, 677, 2006, 2207, 2208, begin insert 2209, 2210, 2732.5, end insert 2733, 2770, 2772, 2773.1, 2774, 2774.1, begin insert 2774.3, end insert and 2774.4 of, and to add begin delete Sections end delete begin insert Section end insert 2006.5 begin delete and 2717.5 end delete to, the Public Resources Code, relating to mining.

LEGISLATIVE COUNSEL’S DIGEST

SB 1270, as amended, Pavley. Surface mining operations.

(1) Under existing law, the Department of Conservation, under the supervision of the Director of Conservation, is comprised of various entities, including the State Mining and Geology Board, and the work of the department is divided into divisions including the California Geological Survey and the Office of Mine Reclamation. Existing law requires the board to nominate, and the director to appoint, the State Geologist to advise the director regarding technical, scientific, and engineering issues, including the scientific quality of the products and activities of the California Geological Survey, and requires the State Geologist to meet specific qualifications.

This bill would begin delete instead end delete require begin delete an unspecified individual or entity to appoint end delete begin insert the board to nominate at least 2 individuals for appointment, as end insert the State Geologist and would make that individual responsible for the management of the California Geological Survey. begin delete The bill would change the qualifications for that person. end delete The bill would also designate the Office of Mine Reclamation as the Division of Mines, would require begin delete an unspecified individual or entity end delete begin insert the director end insert to appoint a State Mine Inspector to be responsible for the management of the Division of Mines, and would prescribe the specific qualifications for that person.

(2) Existing law requires the owner of operator of a mining operation to forward annually to the director and the lead agency a report that provides specified information with respect to the mining operation.

This bill would require begin insert , among other changes, end insert that report to be submitted to the State Mine Inspector and the lead agency. begin insert The bill would additionally require the State Mine Inspector to submit to the board and the director an annual report relating to abandoned mines, as provided. end insert

(3) The Surface Mining and Reclamation Act of 1975, administered by the board, prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, begin insert a permit, as defined, is obtained from, end insert a reclamation plan, as specified, is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation. Existing law provides an appeals process for decisions of the lead agency in approval or denial of approval of a reclamation plan.

This bill would instead make the begin delete director end delete begin insert lead agency or the State Mine Inspector, in certain circumstances, end insert responsible for reviewing and approving financial assurances in surface mining operations and would require the begin delete director end delete begin insert lead agency or the State Mine Inspector end insert to take specified actions in seeking forfeiture of those financial assurances. The bill would also provide an appeals process for the begin delete director’s end delete begin insert State Mine Inspector’s end insert approval or denial of approval of financial assurances. The bill would require a portion of the reclamation plan to be certified by a registered professional geologist, geophysicist, or begin delete professional end delete begin insert civil end insert engineer and to include a schedule with time limits for completing reclamation, as specified, and would require the lead agency begin insert or the State Mine Inspector end insert to determine a time period for reclamation to be complete in certain circumstances. By imposing additional duties on lead agencies, this bill would impose a state-mandated local program. begin insert For purposes of the act, the bill would also revise the definition of permit. end insert

(4) Existing law requires the lead agency to conduct an inspection of a surface mining operation begin delete with end delete begin insert within end insert 6 months of receipt by the lead agency of the annual report described in (2) above. Under existing law, if the lead agency or the director determines that a surface mining operation is not in compliance, the lead agency or director is required to notify the operator of that violation.

This bill would begin delete instead end delete begin insert also end insert require the begin delete director end delete begin insert State Mine Inspector, in certain circumstances, end insert to conduct an inspection of those operations begin delete withing one year end delete begin insert within 6 months end insert of receipt of the report by the State Mine Inspector begin insert and to provide notice of the inspection to the lead agency end insert . The bill would require the notice of violation to include, among other things, specific remedial steps to be taken to correct the noncompliance and also information on begin insert the end insert time to comply.

(5) Existing law requires the board to assume the powers and duties under the act of the lead agency if, following a public hearing, as prescribed, the board finds deficiencies in the lead agency’s implementation and enforcement of the act.

This bill would begin insert require the board, in those circumstances, to assign those powers and duties to the State Mine Inspector. The bill would also end insert authorize a lead agency to unilaterally and voluntarily relinquish its responsibilities under the act and would require the begin delete board end delete begin insert State Mine Inspector end insert to assume those responsibilities. The bill would begin delete also end delete authorize the lead agency to resume its relinquished role if certain requirements are met.

(6) Existing law requires the board to adopt a schedule of fees to cover the department’s costs of carrying out specified provisions and to impose an annual reporting fee on each mining operation, not to exceed $4,000 annually for any single mining operation and not begin insert to end insert be less than $100. Existing law requires the board to adjust the fees if the director determines the resources collected were greater to or less than the department’s costs.

This bill would require that an annual reporting fee begin insert , which would also be required to cover the board’s costs, as provided, end insert on each mining operation not be less than $1,000 begin insert or more than an unspecified amount end insert and would require the fee to be based on a cost per acre as determined by the board. The bill would begin delete authorize the board to recommend expenditures of these funds as part of the annual budget process and would end delete require the board to adjust the fees if the State Mine Inspector determines the revenues collected were greater to or less than the department’s costs.

begin delete

(7) Existing law requires the department to quarterly publish in the California Regulatory Notice Register, or otherwise make available, upon request, to the Department of General Services or any other state or local agency, a list identifying the status of compliance of certain surface mining operations, as specified. Existing law also prohibits a state agency from acquiring or utilizing mined material, or from contracting with a person utilizing these materials, as specified, unless the material is produced from a mining operation on that list and that meets certain requirements.

end delete begin delete

This bill would authorize an affected mine operator, a lead agency with jurisdiction over the operation, or an affected person to appeal to the board the department’s determination regarding a mining operation’s placement on, removal from, or denial of placement on or removal from, the list.

end delete begin delete

(8)

end delete

begin insert (7) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares the following:

(a) Since its passage, the implementation of the Surface Mining
and Reclamation Act of 1975 has depended on coordinated
administrative efforts by local governments, the Department of
Conservation, and the State Mining and Geology Board. Two of
the major goals of the act are to encourage production and
conservation of minerals in California, and to begin delete assure end delete begin insert ensure end insert
reclamation of mined lands.

(b) The essential components of the act for each of the more
than 2,000 mines in California are annual inspections, reclamation
plans for mines that have ceased production, and a financial surety
mechanism to pay for reclamation in the event the operator is
unable or fails to do so.

(c) It is the intent of the Legislature that siting decisions for
mines and the approval of reclamation plans for those mines remain
with local governments.

(d) The act provides for approval procedures for financial
assurances and reclamation plans that depend on active inspections,
remediation of compliance shortfalls, and appropriate updates to
financial assurance commitments. Based on a review of official
state data, industry and government analysts agree that the goals
of the act are not being achieved because of multiple failures in
the internal processes of this important legislation. As examples:

(1) Twenty-five percent of mines that have closed have not
begun reclamation. This includes about 100 mines in the state.

(2) Inspection rates by counties who serve as lead agencies
under the act, over a multiyear period, range from 66 percent to
74 percent, inclusive, but 12 counties have inspection rates below
50 percent.

(3) Data on inspections by cities that serve as lead agencies
under the act, over the same multiyear period, indicate that 22
cities have inspected all of begin delete its end delete begin insert their end insert mines annually, 25 cities have
an inspection rate below 50 percent, and 14 begin insert cities end insert have never
inspected a mine.

(4) Financial assurance documents that ensure the ability to pay
for mine reclamation are not routinely updated. The adjustment
rate for counties is about 27 percent, based on official data, and
about 20 percent for cities.

(e) It is the intent of the Legislature to retain the existing
structure of the act while improving the statutory relationships
between state and local government entities by strengthening the
interconnections between inspections, financial assurances, and
reclamation plans, in order to ensure improved compliance with
the provisions of this important law.

SEC. 2.  

Section 607 of the Public Resources Code is amended
to read:

607.  

The work of the department shall be divided into at least
the following:

(a) California Geological Survey.

(b) Division of Oil, Gas, and Geothermal Resources.

(c) Division of Land Resource Protection.

(d) Division of Mines.

SEC. 3.  

Section 677 of the Public Resources Code is amended
to read:

677.  

(a)  begin delete A end delete begin insert The board shall nominate at least two individuals
to serve as State Geologist. The director shall appoint the end insert begin insert end insert State
begin delete Geologist shall be appointed and end delete begin insert Geologist, who end insert shall be
responsible for the management of the California Geological
Survey. The State Geologist shall either be registered in compliance
with the Geologist and Geophysicist Act (Chapter 12.5
(commencing with Section 7800) of Division 3 of the Business
and Professions Code) at least one year from the date of
appointment, or the Board for Professional Engineers, Land
Surveyors, and Geologists may, upon the review of academic and
professional experience, grant registration. The State Geologist
shall possess general knowledge of mineral begin delete resources and end delete
begin insert resources, end insert structural begin delete engineering end delete begin insert geology, seismology, engineering
geology, and related disciplines in science and engineering, and
the reclamation of mined lands and waters end insert . The State Geologist
shall advise the director regarding technical, scientific, and
engineering issues, including the scientific quality of the products
and activities of the California Geological Survey.

(b) A State Mine Inspector shall be appointed begin insert by the director end insert
and shall be responsible for the management of the Division of
Mines. The State Mine Inspector shall either be registered in
compliance with the Geologist and Geophysicist Act (Chapter 12.5
(commencing with Section 7800) of Division 3 of the Business
and Professions Code) or the Professional Engineers Act (Chapter
7 (commencing with Section 6700) of Division 3 of the Business
and Professions Code) at least one year from the date of
appointment, or the Board for Professional Engineers, Land
Surveyors, and Geologists may, upon the review of academic and
professional experience, grant registration. The State Mine
Inspector shall possess general knowledge of mining, mineral
resources, structural geology, seismology, engineering geology,
and related disciplines in science and engineering, and the
reclamation of mined lands and waters. The State Mine Inspector
shall advise the director regarding technical, scientific, and
engineering issues, including the scientific quality of the products
and activities of the Division of Mines.

SEC. 4.  

Section 2006 of the Public Resources Code is amended
to read:

2006.  

“State Geologist” means the individual holding the office
created by subdivision (a) of Section 677.

SEC. 5.  

Section 2006.5 is added to the Public Resources Code,
to read:

2006.5.  

“State Mine Inspector” means the individual holding
the office created by subdivision (b) of Section 677.

SEC. 6.  

Section 2207 of the Public Resources Code is amended
to read:

2207.  

(a) The owner or the operator of a mining operation
within the state shall forward to the State Mine Inspector annually,
not later than a date established by the State Mine Inspector, upon
forms approved by the board from time to time, a report that
identifies all of the following:

(1) The name, address, and telephone number of the person,
company, or other owner of the mining operation.

(2) The name, address, and telephone number of a designated
agent who resides in this state, and who will receive and accept
service of all orders, notices, and processes of the lead agency,
board, State Mine Inspector, or court.

(3) The location of the mining operation, its name, its mine
number as issued by the State Mine Inspector, its section, township,
range, latitude, longitude, and approximate boundaries of the
mining operation marked on a United States Geological Survey
71⁄2-minute or 15-minute quadrangle map.

(4) The lead agency.

(5) The approval date of the mining operation’s reclamation
plan.

(6) The mining operation’s status as active, idle, reclaimed, or
in the process of being reclaimed.

(7) The commodities produced by the mine and the type of
mining operation.

(8) Proof of annual begin delete inspection by the lead agency. end delete begin insert inspection.
All annual inspections conducted on or after July 1, 2015, shall
be certified by a registered professional geologist, geophysicist,
or civil engineer who either works for the local lead agency or the
division or, if not employed by the local lead agency, has not
worked for a mining operation in the jurisdiction of the local
agency for at least one year. end insert begin insert end insert

(9) Proof of financial assurances.

(10) Ownership of the property, including government agencies,
if applicable, by the assessor’s parcel number, and total assessed
value of the mining operation.

(11) The approximate permitted size of the mining operation
subject to Chapter 9 (commencing with Section 2710), in acres.

(12) The approximate total acreage of land newly disturbed by
the mining operation during the previous calendar year.

(13) The approximate total of disturbed acreage reclaimed during
the previous calendar year.

(14) The approximate total unreclaimed disturbed acreage
remaining as of the end of the calendar year.

(15) The total production for each mineral commodity produced
during the previous year.

(16) A copy of any approved reclamation plan and any
amendments or conditions of approval to any existing reclamation
plan approved by the lead agency.

(b) (1) Every year, not later than the date established by the
State Mine Inspector, the person submitting the report pursuant to
subdivision (a) shall forward to the lead agency, upon forms
furnished by the board, a report that provides all of the information
specified in begin delete paragraphs (1) to (16), inclusive, of end delete subdivision (a).

(2) The owner or operator of a mining operation shall allow
access to the property to any governmental agency or the agent of
any company providing financial assurances in connection with
the reclamation plan, in order that the reclamation can be carried
out by the entity or company, in accordance with the provisions
of the reclamation plan.

(c) Subsequent reports shall include only changes in the
information submitted for the items described in subdivision (a),
except that, instead of the approved reclamation plan, the reports
shall include any reclamation plan amendments approved during
the previous year. The reports shall state whether review of a
reclamation plan, financial assurances, or an interim management
plan is pending under subdivision (b), (c), (d), or (h) of Section
2770, or whether an appeal before the board or lead agency
governing body is pending under subdivision (e) or (h) of Section
2770. The State Mine Inspector shall notify the person submitting
the report and the owner’s designated agent in writing that the
report and the fee required pursuant to subdivision (d) have been
received, specify the mining operation’s mine number if one has
not been issued by the State Mine Inspector, and notify the person
and agent of any deficiencies in the report within 90 days of receipt.
That person or agent shall have 30 days from receipt of the
notification to correct the noted deficiencies and forward the
revised reports to the State Mine Inspector and the lead agency.
Any person who fails to comply with this section, or knowingly
provides incorrect or false information in reports required by this
section, may be subject to an administrative penalty as provided
in subdivision (c) of Section 2774.1.

(d) (1) The board shall impose, by regulation, pursuant to
paragraph (2), an annual reporting fee on, and method for collecting
annual fees from, each active or idle mining operation. The
minimum fee for any single mining operation may not be less than
one thousand dollars ($1,000) annually, as adjusted for the cost of
living as measured by the California Consumer Price Index for all
urban consumers, calendar year averages, using the percentage
change in the previous year, beginning with the 2014-15 fiscal
year and annually thereafter.

(2) (A) The board shall adopt, by regulation, a schedule of fees
authorized under paragraph (1) to cover the department’s begin delete cost end delete begin insert and
board’s costs end insert in carrying out this section and Chapter 9
(commencing with Section 2710), as reflected in the Governor’s
Budget, and may adopt those regulations as emergency regulations.
begin insert The board’s costs shall be reflected separately in a format
approved by the Department of Finance and shall be displayed in
the annual budget proposed by the Governor. end insert In establishing the
schedule of fees to be paid by each active and idle mining
operation, the board shall consider and establish a cost per acre on
an equitable basis reflecting the size and type of operation, the
acreage disturbed and undisturbed by mining activities, the acreage
subject to the reclamation plan, and other factors addressed by the
approved reclamation plan. begin insert The fee for each active and idle mining
operation shall not exceed ____ dollars ($____). end insert

(B) Regulations adopted pursuant to this subdivision shall be
adopted by the board in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The adoption of any emergency regulations
pursuant to this subdivision shall be considered necessary to
address an emergency and shall be considered by the Office of
Administrative Law to be necessary for the immediate preservation
of the public peace, health, safety, and general welfare.

(3) The total revenue generated by the reporting fees begin insert may not
exceed, and may be less than, the amount of ____ dollars ($____),
as adjusted for the cost of living as measured by the California
Consumer Price Index for all urban consumers, calendar year
averages, using the percentage change in the previous year,
beginning with the 2005-06 fiscal year and annually thereafter
and end insert shall be based on a cost per acre, subject to the approved
reclamation plan, as determined by the board pursuant to paragraph
(2). If the State Mine Inspector determines that the revenue
collected during the preceding fiscal year was greater or less than
the cost to operate the program, the board shall adjust the fees to
compensate for the overcollection or undercollection of revenues.

(4) (A) The reporting fees established pursuant to this
subdivision shall be deposited in the Mine Reclamation Account,
which is hereby created. Any fees, penalties, interest, fines, or
charges collected by the State Mine Inspector or board pursuant
to this chapter or Chapter 9 (commencing with Section 2710) shall
be deposited in the Mine Reclamation Account. begin delete The board may
recommend expenditures of these funds as part of the annual budget
process. end delete The moneys in the account shall be available to the
department and board, upon appropriation by the Legislature, for
the purpose of carrying out this section and complying with Chapter
9 (commencing with Section 2710), which includes, but is not
limited to, classification and designation of areas with mineral
resources of statewide or regional significance, reclamation plan
and financial assurance review, mine inspection, and enforcement.

begin insert

(B) On or before January 1, 2018, and each year thereafter,
the State Mine Inspector shall submit to the board and the director
a report on the activities of the Abandoned Mines Land Unit. This
report shall include, but is not limited to, all of the following:

end insert begin insert

(i) The number and location of known abandoned mines
identified along with any associated features and supporting
documentation.

end insert begin insert

(ii) Type of mine site and minerals or materials mined.

end insert begin insert

(iii) Summary of assessment and overall mitigation activities
and mitigation activities per site performed to date.

end insert begin insert

(iv) Prioritized assessment of sites that present an imminent
danger to public health, safety, and welfare, and to the
environment.

end insert begin insert

(v) Available funding and efforts to obtain funding to mitigate
high-risk sites.

end insert begin insert

(vi) Planned activities for upcoming year.

end insert begin delete

(B)

end delete

begin insert (C) end insert  (i) In addition to reporting fees, the board shall collect five
dollars ($5) per ounce of gold and ten cents ($0.10) per ounce of
silver mined within the state and shall deposit the fees collected
in the Abandoned Mine Reclamation and Minerals Fund
Subaccount, which is hereby created in the Mine Reclamation
Account. The department may expend the moneys in the
subaccount, upon appropriation by the Legislature, for only the
purposes of Section 2796.5 and as authorized herein for the
remediation of abandoned mines.

(ii) Notwithstanding subdivision (j) of Section 2796.5, fees
collected pursuant to clause (i) may also be used to remediate
features of historic abandoned mines and lands that they impact.
For the purposes of this section, historic abandoned mines are
mines for which operations have been conducted before January
1, 1976, and include, but are not limited to, historic gold and silver
mines.

(5) In case of late payment of the reporting fee, a penalty of not
less than one hundred dollars ($100) or 10 percent of the amount
due, whichever is greater, plus interest at the rate of 11⁄2 percent
per month, computed from the delinquent date of the assessment
until and including the date of payment, shall be assessed. New
mining operations that have not submitted a report shall submit a
report prior to commencement of operations. The new operation
shall submit its fee according to the reasonable fee schedule
adopted by the board, and the month that the report is received
shall become that operation’s anniversary month.

(e) The lead agency, or the board begin insert or State Mine Inspector end insert when
acting as the lead agency begin insert pursuant to Section 2774.4 end insert , may impose
a fee upon each mining operation to cover the reasonable costs
incurred in implementing this chapter and Chapter 9 (commencing
with Section 2710).

(f) For purposes of this section, “mining operation” means a
mining operation of any kind or character begin delete whatever end delete begin insert whatsoever end insert
in this state, including, but not limited to, a mining operation that
is classified as a “surface mining operation” as defined in Section
2735, unless excepted by Section 2714. For the purposes of fee
collections only, “mining operation” may include one or more
mines operated by a single operator or mining company on one or
more sites, if the total annual combined mineral production for all
sites is less than 100 troy ounces for precious metals, if precious
metals are the primary mineral commodity produced, or less than
100,000 short tons if the primary mineral commodity produced is
not precious metals.

(g) Any information in reports submitted pursuant to subdivision
(a) that includes or otherwise indicates the total mineral production,
reserves, or rate of depletion of any mining operation may not be
disclosed to any member of the public, as defined in subdivision
(b) of Section 6252 of the Government Code. Other portions of
the reports are public records unless excepted by statute. Statistical
bulletins based on these reports and published under Section 2205
shall be compiled to show, for the state as a whole and separately
for each lead agency, the total of each mineral produced therein.
In order not to disclose the production, reserves, or rate of depletion
from any identifiable mining operation, no production figure shall
be published or otherwise disclosed unless that figure is the
aggregated production of not less than three mining operations. If
the production figure for any lead agency would disclose the
production, reserves, or rate of depletion of less than three mining
operations or otherwise permit the reasonable inference of the
production, reserves, or rate of depletion of any identifiable mining
operation, that figure shall be combined with the same figure of
not less than two other lead agencies without regard to the location
of the lead agencies. The bulletin shall be published annually by
June 30 or as soon thereafter as practicable.

(h) The approval of a form by the board pursuant to this section
is not the adoption of a regulation for purposes of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code and is not subject to that chapter.

SEC. 7.  

Section 2208 of the Public Resources Code is amended
to read:

2208.  

The State Mine Inspector, begin insert State Geologist, end insert director, or
a qualified assistant may at any time enter or examine any and all
mines, quarries, wells, mills, reduction works, refining works, and
other mineral properties or working plants in this state in order to
gather data to comply with the provisions of this chapter.

begin delete

SEC. 8.  

Section 2717.5 is added to the Public Resources Code,
to read:

2717.5.  

(a) An affected mine operator, a lead agency with
jurisdiction over the operation, or an affected person, may appeal
to the board the department’s determination regarding a mining
operation’s placement on, removal from, or denial of placement
on or removal from, the list identified in subdivision (b) of Section
2717.

(b) An appeal pursuant to subdivision (a) shall be subject to the
following requirements, as applicable:

(1) The appeal shall be made in writing, on a form provided by
the board, and shall be received by the board within 15 days of the
operator’s, lead agency, or affected person’s receipt of a notice of
the department’s determination as described in subdivision (a), or
within 15 days of the department’s posting of the notice on its
Internet Web site.

(2) An appeal filed by a lead agency shall demonstrate good
cause for reversal of a determination.

(3) An appeal filed by an affected person other than a lead
agency shall demonstrate that the affected person has a sufficient
connection to, or direct impact from, the operation of the mine at
issue.

(4) Where the board is the lead agency, it may not appeal the
decision of the department but may follow the department’s
procedures for removal of a mining operation from the list. The
board may hear an appeal filed by any other party pursuant to
subdivision (a).

(5) The appeal shall demonstrate, as a necessary element of the
appeal, that the facts and issues relevant to the appeal were brought
to the attention of the department prior to the department’s
determination described in subdivision (a).

(c) The board shall promptly notify the department and the lead
agency that the appeal has been received by the board. Where the
appeal is filed by the lead agency or the board is the lead agency,
no notice to the lead agency shall be required.

(d) (1) A mining operation seeking placement on the list shall
not be placed on the list pending the final outcome of an appeal
filed pursuant to subdivision (a).

(2)  A mining operation appealing the department’s removal of
the operation from the list shall remain on the list pending the final
outcome of an appeal filed pursuant to subdivision (a).

(e) (1) (A) The board shall hear the appeal if the chair of the
board or his or her designated hearing officer determines the appeal
is within the jurisdiction of the board and the appeal raises a
substantial issue related to the department’s determination
regarding a mining operation’s placement on, removal from, or
denial of placement on or removal from, the list.

(B) A determination of the board’s jurisdiction by the chair or
his or her designee shall consider all of the following:

(i) Whether the information presented with the appeal presents
any dispute of the material fact or facts supporting the department’s
determination.

(ii) Whether the appeal is an attempt to challenge an enforcement
decision or a court decision.

(iii) Whether the appellant has standing.

(iv) Whether the appeal is timely.

(v) Whether the facts constituting the basis for the appeal have
been presented to the department prior to the department’s
determination as described in subdivision (a).

(vi) Whether any relevant circumstances exist that are not
specifically identified but which, in the judgment of the chair or
his or her designee, preclude the appeal.

(2) If the chair or hearing officer finds, based on the criteria
described in paragraph (1), that the appeal is not within the
jurisdiction of the board or does not raise a substantial issue, the
chair or his or her designee shall refuse to grant the appeal and the
department’s decision shall be deemed final for purposes of seeking
judicial review of that decision.

(f) A decision by the board pursuant to this section shall not
preclude any party from initiating a new proceeding to be included
on the list, to be maintained on the list, or to effect removal of a
mining operation from the list, in accordance with this section or
based on new or different circumstances than were determined by
the chair or his or her designee on a previous appeal.

end delete

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 2209 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

2209.  

The director begin insert or the State Geologist end insert may fix a price upon
and dispose of to the public all publications of the division,
including reports, bulletins, maps, registers, or other publications.
The price shall approximate the cost of publication and distribution.
The director begin insert or the State Geologist end insert may also furnish the
publications of the division to public libraries without cost and
may exchange publications with geological surveys, scientific
societies, and other like bodies.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 2210 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

2210.  

All money received by the division begin insert and the State
Geologist end insert from sales of publications issued by the division shall
be deposited at least once each month in the State treasury to the
credit of the General Fund.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 2732.5 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

2732.5.  

“Permit” means begin delete any end delete begin insert a land use end insert authorization from, or
approval by, a lead agency, the absence of which would preclude
surface mining operations.

begin delete SEC. 9. end delete
begin insert SEC. 11. end insert   

Section 2733 of the Public Resources Code is
amended to read:

2733.  

“Reclamation” means the combined process of land
treatment that minimizes water degradation, air pollution, damage
to aquatic or wildlife habitat, flooding, erosion, and other adverse
effects from surface mining operations, including adverse surface
effects incidental to underground mines, so that mined lands are
reclaimed, to a usable condition that is readily adaptable for
alternate land uses, and create no danger to public health or safety.
The process may extend to affected lands surrounding mined lands;
may require backfilling, grading, resoiling, revegetation, soil
compaction, stabilization, or other measures; and shall be certified
by a registered professional geologist, geophysicist, or begin delete professional end delete
begin insert civil end insert engineer.

begin delete SEC. 10. end delete
begin insert SEC. 12. end insert   

Section 2770 of the Public Resources Code is
amended to read:

2770.  

(a) Except as provided in this section, a person shall not
conduct surface mining operations unless a permit is obtained
from, begin delete and end delete a begin insert current end insert reclamation plan has been submitted to and
approved by, begin insert and current financial assurances for reclamation
have been approved by, end insert the lead agency for the begin delete operation and
financial assurances for reclamation pursuant to the reclamation
plan have been submitted to and approved by the director pursuant
to this article. end delete begin insert operation. Where the State Mine Inspector has
assumed the lead agency’s authority pursuant to Section 2774.4,
surface mining operations shall not be conducted unless, in
addition to having a permit approved by the lead agency, the
person has a current reclamation plan and financial assurances
for reclamation approved by the State Mine Inspector. end insert

(b) A person with an existing surface mining operation who has
vested rights pursuant to Section 2776 and who does not have an
approved reclamation plan shall submit a reclamation plan to the
lead agency not later than March 31, 1988. If a reclamation plan
application is not on file by March 31, 1988, the continuation of
the surface mining operation is prohibited until a reclamation plan
is submitted to the lead agency. For purposes of this subdivision,
a reclamation plan may consist of all or the appropriate sections
of any plans or written agreements previously approved by the
lead agency or another agency, together with any additional
documents needed to substantially meet the requirements of
Sections 2772 and 2773 and the lead agency surface mining
ordinance adopted pursuant to subdivision (a) of Section 2774,
provided that all documents which together were proposed to serve
as the reclamation plan are submitted for approval to the lead
agency in accordance with this chapter.

begin delete

(c) If a person with an existing surface mining operation has
received lead agency approval of its financial assurances for
reclamation prior to January 1, 2015, the director

end delete

begin insert (c) end insert begin insert   end insert begin insert The lead agency end insert shall administratively review begin insert , at least
annually, end insert and make any begin delete changes end delete begin insert changes, end insert to ensure begin delete those existing end delete
financial assurances begin insert for all surface mining operations within its
jurisdiction end insert are in accordance with subdivision begin delete (d) prior to January
1, 2016. end delete begin insert (d). If the State Mine Inspector has assumed the lead
agency’s authority pursuant to Section 2774.4, a person operating
a surface mining operation within such lead agency’s jurisdiction
shall submit financial assurances for reclamation to the State Mine
Inspector within 60 days after the State Mine Inspector’s
assumption for review and approval in accordance with subdivision
(d). The State Mine Inspector shall administratively review, at
least annually, and make any changes, to ensure financial
assurances for all mining operations for which the State Mine
Inspector has authority pursuant to Section 2774.4 are in
accordance with subdivision (d). end insert The review of existing financial
assurances shall not be considered a project for purposes of
Division 13 (commencing with Section 21000). begin delete A person with an
existing surface mining operation that does not have financial
assurances that received the director’s approval prior to January
1, 2016, shall submit financial assurances for reclamation to the
director for review in accordance with subdivision (d). end delete

(d) The begin delete lead agency’s end delete review of a reclamation plan submitted
pursuant to subdivision (b) or the begin delete director’s end delete review of financial
assurances pursuant to subdivision (c) is limited to whether the
plan or the financial assurances substantially meet the applicable
requirements of Sections 2772, 2773, and 2773.1, and the lead
agency surface mining ordinance adopted pursuant to subdivision
(a) of Section 2774, but, in any event, the begin delete director end delete begin insert lead agency or
the State Mine Inspector, as the case may be, end insert shall require that
financial assurances for reclamation be sufficient to perform
reclamation of lands remaining disturbed. For purposes of this
chapter, reclamation plans begin insert or financial assurances end insert determined to
substantially meet these requirements shall be begin delete approved by the
lead agency and financial assurances determined to substantially
meet these requirements shall be approved by the director. end delete
begin insert approved. end insert Reclamation plans or financial assurances determined
not to substantially meet these requirements shall be returned to
the operator within 60 days. The operator shall have 60 days to
revise the plan or financial assurances to address identified
deficiencies, at which time the revised plan begin insert or financial assurances end insert
shall be returned to the lead agency begin insert , or the State Mine Inspector,
as the case may be, end insert for review and approval, or the revised
reclamation plan shall be returned to the director for review and
approval. Except as specified in subdivision (e) or (i), the
continuation of the surface mining operation is prohibited until a
reclamation plan begin delete is approved by a lead agency end delete and financial
assurances for reclamation are begin delete approved by the director. end delete begin insert approved. end insert

(e) (1) A person who, based on the evidence of the record,
claims that a lead agency has begin delete either end delete (A) failed to act according to
due process or has relied on considerations not related to the
specific applicable requirements of Sections 2772, 2773, and
2773.1, and the lead agency surface mining ordinance adopted
pursuant to subdivision (a) of Section 2774, in reaching a decision
to approve or deny approval of a reclamation plan, (B) failed to
act within a reasonable time of receipt of a completed application,
or (C) failed to review and approve reclamation plans as required
by subdivisions (c) and (d), may appeal that action or inaction to
the board.

(2) A person who, based on the evidence of the record, claims
that the begin delete director end delete begin insert State Mine Inspector end insert has either (A) failed to act
according to due process or has relied on considerations not related
to the specific applicable requirements of Sections 2772, 2773,
and 2773.1, in reaching a decision to approve or deny approval of
financial assurances, or (B) failed to review and approve financial
assurances as required by subdivisions (c) and (d), may appeal that
action or inaction to the board.

(f) The board may decline to hear an appeal if it determines that
the appeal raises no substantial issues related to the lead agency’s
or the begin delete director’s end delete begin insert State Mine Inspector’s end insert review pursuant to this
section.

(g) Appeals that the board does not decline to hear shall be
scheduled and heard at a public hearing within 45 days of the filing
of the appeal, or a longer period as may be mutually agreed upon
by the board and the person filing the appeal. In hearing an appeal,
the board shall only determine whether the reclamation plan or the
financial assurances substantially meet the applicable requirements
of Sections 2772, 2773, and 2773.1, and the lead agency surface
mining ordinance adopted pursuant to subdivision (a) of Section
2774. A reclamation plan or financial assurances determined to
meet these requirements shall be approved. A reclamation plan or
financial assurances determined not to meet these requirements
shall be returned to the operator with a notice of deficiencies, who
shall be granted, once only, a period of 30 days, or a longer period
mutually agreed upon by the operator and the board, to correct the
noted deficiencies and submit the revised reclamation plan begin insert or
financial assurances end insert to the lead agency or begin delete the revised financial
assurances to the director end delete begin insert the State Mine Inspector, as the case
may be, end insert for review and approval.

(h) (1) Within 90 days of a surface mining operation becoming
idle, as defined in Section 2727.1, the operator shall submit to the
lead agency for review and approval, an interim management plan.
The review and approval of an interim management plan shall not
be considered a project for purposes of Division 13 (commencing
with Section 21000). The approved interim management plan shall
be considered an amendment to the surface mining operation’s
approved reclamation plan, for purposes of this chapter. The
interim management plan shall provide measures the operator will
implement to maintain the site in compliance with this chapter,
including, but not limited to, all permit conditions.

(2) The interim management plan may remain in effect for a
period not to exceed five years, at which time the lead agency shall
do one of the following:

(A) Renew the interim management plan for an additional period
not to exceed five years, which may be renewed for one additional
five-year renewal period at the expiration of the first five-year
renewal period, if the lead agency finds that the surface mining
operator has complied fully with the interim management plan.

(B) Require the surface mining operator to commence
reclamation in accordance with its approved reclamation plan.

(3) The financial assurances required by Section 2773.1 shall
remain in effect during the period that the surface mining operation
is idle. If the surface mining operation is still idle after the
expiration of its interim management plan, the surface mining
operation shall commence reclamation in accordance with its
approved reclamation plan.

(4) Within 60 days of the receipt of the interim management
plan, or a longer period mutually agreed upon by the lead agency
and the operator, the lead agency shall review and approve the
plan in accordance with its ordinance adopted pursuant to
subdivision (a) of Section 2774, so long as the plan satisfies the
requirements of this subdivision, and so notify the operator in
writing. Otherwise, the lead agency shall notify the operator in
writing of any deficiencies in the plan. The operator shall have 30
days, or a longer period mutually agreed upon by the operator and
the lead agency, to submit a revised plan.

(5) The lead agency shall approve or deny approval of the
revised interim management plan within 60 days of receipt. If the
lead agency denies approval of the revised interim management
plan, the operator may appeal that action to the lead agency’s
governing body, which shall schedule a public hearing within 45
days of the filing of the appeal, or a longer period mutually agreed
upon by the operator and the governing body.

(6) Unless review of an interim management plan is pending
before the lead agency, or an appeal is pending before the lead
agency’s governing body, a surface mining operation that remains
idle for over one year after becoming idle as defined in Section
2727.1 without obtaining approval of an interim management plan
shall be considered abandoned and the operator shall commence
and complete reclamation in accordance with the approved
reclamation plan.

(i) An enforcement action that may be brought against a surface
mining operation for operating without an approved reclamation
plan, financial assurance, or interim management plan shall be
held in abeyance pending review pursuant to subdivision (b), (c),
(d), or (h), or the resolution of an appeal filed with the board
pursuant to subdivision (e), or with a lead agency governing body
pursuant to subdivision (h).

begin delete SEC. 11. end delete
begin insert SEC. 13. end insert   

Section 2772 of the Public Resources Code is
amended to read:

2772.  

(a) The reclamation plan shall be filed with the lead
agency, on a form begin delete provided by the lead agency end delete begin insert developed by the
board, with provisions for additional information provided at the
discretion of the lead agency end insert , by any person who owns, leases, or
otherwise controls or operates on all, or any portion, of any mined
lands, and who plans to conduct surface mining operations on the
lands.

(b) All documentation for the reclamation plan shall be
submitted by the lead agency to the department at one time.

(c) The reclamation plan shall include all of the following
information and documents:

(1) The name and address of the surface mining operator and
the names and addresses of any persons designated by the operator
as an agent for the service of process.

(2) The anticipated quantity and type of minerals for which the
surface mining operation is to be conducted.

(3) The proposed dates for the initiation and termination of
surface mining operation.

(4) The maximum anticipated depth of the surface mining
operation.

(5) The size and legal description of the lands that will be
affected by the surface mining operation, a map that includes the
boundaries and topographic details of the lands, a description of
the general geology of the area, a detailed description of the
geology of the area in which surface mining is to be conducted,
the location of all streams, roads, railroads, and utility facilities
within, or adjacent to, the lands, the location of all proposed access
roads to be constructed in conducting the surface mining operation,
and the names and addresses of the owners of all surface interests
and mineral interests in the lands.

(6) A description of, and a plan for, the type of surface mining
to be employed, and a time schedule that will provide for the
completion of surface mining on each segment of the mined lands
so that reclamation can be initiated at the earliest possible time on
those portions of the mined lands that will not be subject to further
disturbance by the surface mining operation.

(7) A description of the proposed use or potential uses of the
mined lands after reclamation and evidence that all owners of a
possessory interest in the land have been notified of the proposed
use or potential uses.

(8) A description of the manner in which reclamation, adequate
for the proposed use or potential uses, will be accomplished, as
certified by a registered professional geologist, geophysicist, or
begin delete professional end delete begin insert civil end insert engineer, pursuant to Section 2733, including
both of the following:

(A) A description of the manner in which contaminants will be
controlled, and mining waste will be disposed.

(B) A description of the manner in which affected streambed
channels and streambanks will be rehabilitated to a condition
minimizing erosion and sedimentation will occur.

(9) An assessment of the effect of implementation of the
reclamation plan on future mining in the area.

(10) A statement that the person submitting the reclamation
plan accepts responsibility for reclaiming the mined lands in
accordance with the reclamation plan.

(11) A schedule with time limits, updated annually, for
completing reclamation in accordance with the reclamation plan
and the then-current condition of the mining site.

(12) Any other information that the lead agency may require
by ordinance.

(d) An item of information or a document required pursuant to
subdivision (c) that has already been prepared as part of a permit
application for the surface mining operation, or as part of an
environmental document prepared for the project pursuant to
Division 13 (commencing with Section 21000), may be included
in the reclamation plan by reference, if that item of information
or that document is attached to the reclamation plan when the lead
agency submits the reclamation plan to the director for review. To
the extent that the information or document referenced in the
reclamation plan is used to meet the requirements of subdivision
(c), the information or document shall become part of the
reclamation plan and shall be subject to all other requirements of
this article.

(e) Nothing in this section is intended to limit or expand the
department’s authority or responsibility to review a document in
accordance with Division 13 (commencing with Section 21000).

begin delete SEC. 12. end delete
begin insert SEC. 14. end insert   

Section 2773.1 of the Public Resources Code is
amended to read:

2773.1.  

(a)  begin delete Lead agencies shall require financial end delete begin insert Financial end insert
assurances, begin delete as determined by the director end delete based on the most recent
begin delete inspection, end delete begin insert inspection by the lead agency or the State Mine
Inspector, as the case may be, shall be required end insert of each surface
mining operation to ensure reclamation is performed in accordance
with the surface mining operation’s approved reclamation plan,
as follows:

(1) Financial assurances may take the form of surety bonds
executed by an admitted surety insurer, as defined in subdivision
(a) of Section 995.120 of the Code of Civil Procedure, irrevocable
letters of credit, trust funds, or other forms of financial assurances
specified by the board pursuant to subdivision (e), that the begin delete director end delete
begin insert lead agency or the State Mine Inspector, as the case may be, end insert
reasonably determines are adequate to perform reclamation in
accordance with the surface mining operation’s approved
reclamation plan.

(2) The financial assurances shall remain in effect for the
duration of the surface mining operation and any additional period
until reclamation is completed.

(3) (A) The amount of financial assurances required of a surface
mining operation for any one year shall be adjusted annually by
the begin delete director end delete begin insert lead agency or the State Mine Inspector, as the case
may be, end insert to account for new lands disturbed by surface mining
operations, inflation, and reclamation of lands accomplished in
accordance with the approved reclamation plan.

(B) The annual adjustment of financial assurances is not subject
to the procedures specified in paragraph (3) of subdivision (d) of
Section 2774 unless made in response to an amendment to an
existing reclamation plan.

(4) The financial assurances shall be made payable to the lead
agency and the department. Financial assurances that were
approved by the lead agency prior to January 1, 1993, and were
made payable to the State Geologist shall be considered payable
to the department for purposes of this chapter. However, if a surface
mining operation has received approval of its financial assurances
from a public agency other than the lead agency, the begin delete director end delete begin insert lead
agency or the State Mine Inspector, as the case may be, end insert shall deem
those financial assurances adequate for purposes of this section,
or shall credit them toward fulfillment of the financial assurances
required by this section, if they are made payable to the public
agency, the lead agency, and the department and otherwise meet
the requirements of this section. In any event, if a lead agency and
one or more public agencies exercise jurisdiction over a surface
mining operation, the total amount of financial assurances required
by the begin delete director end delete begin insert lead agency or the State Mine Inspector, as the
case may be, end insert and the public agencies for any one year shall not
exceed that amount begin delete which end delete begin insert that end insert is necessary to perform reclamation
of lands remaining disturbed. For purposes of this paragraph, a
“public agency” may include a federal agency begin insert but does not include
the State Mine Inspector end insert .

(b) If the lead agency or the board, following a public hearing,
determines that the operator is financially incapable of performing
reclamation in accordance with its approved reclamation plan, or
has abandoned its surface mining operation without commencing
reclamation, either the lead agency or the begin delete director end delete begin insert State Mine
Inspector end insert shall do all of the following:

(1) Notify the operator by personal service or certified mail that
the lead agency or the begin delete director end delete begin insert State Mine Inspector end insert intends to take
appropriate action to forfeit the financial assurances and specify
the reasons for so doing.

(2) (A) Allow the operator 60 days to commence or cause the
commencement of reclamation in accordance with its approved
reclamation plan and require that reclamation be completed within
the time limits specified in the approved reclamation plan or some
other time period mutually agreed upon by the lead agency begin insert or the
State Mine Inspector end insert and the operator.

(B) If no time period is specified in the reclamation plan, or if
the time period specified is determined by the lead agency begin insert or the
State Mine Inspector end insert to be inappropriate for the condition of the
site, the lead agency begin insert or the Sate Mine Inspector end insert shall determine a
time period for reclamation to be completed if an agreement for
such a time period cannot be reached between the lead agency begin insert or
the State Mine Inspector end insert and the operator.

(3) Proceed to take appropriate action to require forfeiture of
the financial assurances if the operator does not substantially
comply with paragraph (2).

(4) Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. In no event shall the financial assurances be used
for any other purpose. The operator is responsible for the costs of
conducting and completing reclamation in accordance with the
approved reclamation plan that are in excess of the proceeds from
the forfeited financial assurances.

(c) Financial assurances shall no longer be required of a surface
mining operation, and shall be released, upon written notification
by the lead agency, with the begin insert written end insert concurrence of the begin delete director end delete
begin insert State Mine Inspector end insert , which shall be forwarded to the operator,
that reclamation has been completed in accordance with the
approved reclamation plan. If a mining operation is sold or
ownership is transferred to another person, the existing financial
assurances shall remain in force and shall not be released by the
lead agency or the begin delete director end delete begin insert State Mine Inspector end insert until new financial
assurances are secured from the new owner and have been
approved by the begin delete director end delete begin insert lead agency or the State Mine Inspector,
as the case may be, end insert in accordance with Section 2770.

(d) (1) The lead agency shall have primary responsibility to
seek forfeiture of financial assurances and to reclaim mine sites
under subdivision (b). However, in cases where the board is not
the lead agency pursuant to Section 2774.4, the begin delete director end delete begin insert State Mine
Inspector end insert may act to seek forfeiture of financial assurances and
reclaim mine sites pursuant to subdivision (b) only if both of the
following occurs:

(A) The financial incapability of the operator or the
abandonment of the mining operation has come to the attention of
the begin delete director end delete begin insert State Mine Inspector end insert .

(B) The lead agency has been notified in writing by the begin delete director end delete
begin insert State Mine Inspector end insert of the financial incapability of the operator
or the abandonment of the mining operation for at least 15 days,
and has not taken appropriate measures to seek forfeiture of the
financial assurances and reclaim the mine site; and one of the
following has occurred:

(i) The lead agency has been notified in writing by the begin delete director end delete
begin insert State Mine Inspector end insert that failure to take appropriate measures to
seek forfeiture of the financial assurances or to reclaim the mine
site shall result in actions being taken against the lead agency under
Section 2774.4.

(ii) The begin delete director end delete begin insert State Mine Inspector end insert determines that there is
a violation that amounts to an imminent and substantial
endangerment to the public health, safety, or to the environment.

(iii) The lead agency notifies the begin delete director end delete begin insert State Mine Inspector end insert
in writing that its good faith attempts to seek forfeiture of the
financial assurances have not been successful.

(2) The begin delete director end delete begin insert State Mine Inspector end insert , in seeking forfeiture of
financial assurances and reclaiming mine sites, shall do all of the
following:

(A) Notify the operator by personal service or certified mail
that the begin delete director end delete begin insert State Mine Inspector end insert intends to take appropriate
action to forfeit the financial assurances and specify the reasons
for so doing.

(B) (i) Allow the operator 60 days to commence or cause the
commencement of reclamation in accordance with its approved
reclamation plan and require that reclamation be completed within
the time limits specified in the approved reclamation plan or some
other time period mutually agreed upon by the begin delete director end delete begin insert State Mine
Inspector end insert and the operator.

(ii) If no time period is specified in the reclamation plan, or if
the time period specified is determined by the begin delete director end delete begin insert State Mine
Inspector end insert to be inappropriate for the condition of the site, the
begin delete director end delete begin insert State Mine Inspector end insert shall determine a time period for
reclamation to be completed if an agreement for such a time period
cannot be reached between the begin delete director end delete begin insert State Mine Inspector end insert and
the operator pursuant to clause (i).

(C) Proceed to take appropriate action to require forfeiture of
the financial assurances if the operator does not substantially
comply with subparagraph (B).

(D) Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. In no event shall the financial assurances be used
for any other purpose. The operator shall be responsible for the
costs of conducting and completing reclamation in accordance
with the approved reclamation plan that are in excess of the
proceeds from the forfeited financial assurances.

(e) The board may adopt regulations specifying financial
assurance mechanisms other than surety bonds, irrevocable letters
of credit, and trust funds, that the board determines are reasonably
available and adequate to ensure reclamation pursuant to this
chapter, but these mechanisms may not include financial tests, or
surety bonds executed by one or more personal sureties. These
mechanisms may include reclamation bond pool programs.

(f) The board shall adopt, and update as required, guidelines to
implement this section. The guidelines are exempt from the
requirements of Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, and are
not subject to review by the Office of Administrative Law.

begin delete SEC. 13. end delete
begin insert SEC. 15. end insert   

Section 2774 of the Public Resources Code is
amended to read:

2774.  

(a) Every lead agency shall adopt ordinances in
accordance with state policy that establish procedures for the
review and approval of reclamation plans begin delete , receipt of end delete begin insert and end insert financial
begin delete assurances approved by the director, end delete begin insert assurances, end insert and the issuance
of a permit to conduct surface mining operations, begin insert as well as receipt
of financial assurances approved by the State Mine Inspector when
authorized pursuant to Section 2774.4, end insert except that any lead agency
without an active surface mining operation in its jurisdiction may
defer adopting an implementing ordinance until the filing of a
permit application. The ordinances shall establish procedures
requiring at least one public hearing and shall be periodically
reviewed by the lead agency and revised, as necessary, begin insert with notice
to the board of any changes, end insert to ensure that the ordinances continue
to be in accordance with state policy.

(b) The begin delete director end delete begin insert lead agency end insert shall conduct an inspection of a
surface mining operation within begin delete one year end delete begin insert six months end insert of receipt by
the begin delete State Mine Inspector end delete begin insert lead agency end insert of the surface mining
operation’s report submitted pursuant to Section 2207, solely to
determine whether the surface mining operation is in compliance
with this chapter. In no event shall the begin delete director end delete begin insert lead agency end insert inspect
a surface mining operation less than once in any calendar year.
The begin delete director may end delete begin insert lead agency shall end insert cause begin delete an end delete begin insert any end insert inspection to be
conducted by a state licensed geologist, begin insert or end insert state licensed civil
engineer, begin delete state licensed landscape architect, or state licensed
forester, end delete who is experienced in land reclamation and who has not
been employed by a surface mining operation within the
jurisdiction of the lead agency in any capacity during the previous
12 months. begin insert If a lead agency operates a surface mine, the inspector
shall not have been an employee of the lead agency in any capacity
during the previous 12 months. end insert All inspections shall be conducted
using a form developed by the department and approved by the
board that shall include the professional licensing and disciplinary
information of the person who conducted the inspection. The
operator shall be solely responsible for the reasonable cost of the
inspection. The begin delete director end delete begin insert lead agency end insert shall notify the begin delete lead agency end delete
begin insert State Mine Inspector end insert within 30 days of the date of completion of
the inspection that the inspection has been conducted. The notice
shall contain a statement regarding the surface mining operation’s
compliance with this chapter, shall include a copy of the completed
inspection form, and shall specify which aspects of the surface
mining operations, if any, are inconsistent with this chapter. If the
surface mining operation has a review of its reclamation plan,
financial assurances, or an interim management plan pending under
subdivision (b), (c), (d), or (h) of Section 2770, or an appeal
pending before the board or lead agency governing body under
subdivision (e) or (h) of Section 2770, the notice shall so indicate.
The begin delete director end delete begin insert lead agency end insert shall forward to the operator a copy of
the notice, a copy of the completed inspection form, and any
supporting documentation, including, but not limited to, any
inspection report prepared by the begin delete geologist, end delete begin insert geologist or end insert civil
engineer begin delete , landscape architect, or forester, end delete who conducted the
inspection. begin insert A lead agency’s failure to comply with the requirements
of this section shall be cause for action pursuant to Section 2774.4. end insert

begin insert

(c) Where, pursuant to Section 2774.4, the State Mine Inspector
has assumed a lead agency’s authority, inspections shall be carried
out in accordance with subdivision (b). The operator shall be solely
responsible for the reasonable cost of the inspection. The State
Mine Inspector shall notify the lead agency within 30 days of the
date of completion of the inspection that the inspection has been
conducted. The notice shall contain a statement regarding the
surface mining operation’s compliance with this chapter, shall
include a copy of the completed inspection form, and shall specify
which aspects of the surface mining operations, if any, are
inconsistent with this chapter. If the surface mining operation has
a review of its reclamation plan, financial assurances, or an interim
management plan pending under subdivision (b), (c), (d), or (h)
of Section 2770, or an appeal pending before the board or lead
agency governing body under subdivision (e) or (h) of Section
2770, the notice shall so indicate. The State Mine Inspector shall
forward to the operator a copy of the notice, a copy of the
completed inspection form, and any supporting documentation,
including, but not limited to, any inspection report prepared by
the geologist or civil engineer who conducted the inspection.

end insert begin delete

(c)

end delete

begin insert (d) end insert  Before approving a surface mining operation’s reclamation
plan begin insert , financial assurances, including existing financial assurances
reviewed by the lead agency end insert pursuant to subdivision (c) of Section
2770, or any begin insert plan end insert amendments, the lead agency shall submit the
plan begin insert , assurances, end insert or amendments to the begin delete director end delete begin insert State Mine
Inspector end insert for review. All documentation for that submission shall
be submitted to the begin delete director end delete begin insert State Mine Inspector end insert at one time. When
the lead agency submits a reclamation plan or plan amendments
to the begin delete director end delete begin insert State Mine Inspector end insert for review, the lead agency
shall also submit to the begin delete director end delete begin insert State Mine Inspector end insert , for use in
reviewing the reclamation plan or plan amendments, information
from any related document prepared, adopted, or certified pursuant
to Division 13 (commencing with Section 21000), and shall submit
any other pertinent information. The lead agency shall certify begin insert in
writing end insert to the begin delete director end delete begin insert State Mine Inspector end insert that the reclamation
plan is complete and in compliance with the applicable
requirements of this chapter and Article 1 (commencing with
Section 3500) of Chapter 8 of Division 2 of Title 14 of the
California Code of Regulations and the lead agency’s mining
ordinance in effect at the time that the reclamation plan is submitted
to the begin delete director end delete begin insert State Mine Inspector end insert for review.

begin delete

(d)

end delete

begin insert (e) end insert  (1) The begin delete director end delete begin insert State Mine Inspector end insert shall have 30 days
from the date of receipt of a complete reclamation plan or complete
plan amendments begin insert and financial assurances end insert submitted pursuant to
subdivision begin delete (c) end delete begin insert (d) end insert to prepare written comments, if the begin delete director end delete
begin insert State Mine Inspector end insert so chooses. The lead agency shall evaluate
written comments received from the begin delete director end delete begin insert State Mine Inspector end insert
relating to the reclamation begin delete plan or end delete begin insert plan, end insert plan amendments, begin insert or
financial assurances end insert within a reasonable amount of time.

(2) The lead agency shall prepare a written response to the
begin delete director’s end delete begin insert State Mine Inspector’s end insert comments describing the
disposition of the major issues raised by the begin delete director’s end delete begin insert State Mine
Inspector’s end insert comments, and submit the lead agency’s proposed
response to the begin delete director end delete begin insert State Mine Inspector end insert at least 30 days prior
to approval of the reclamation begin delete plan or end delete begin insert plan, end insert plan amendment begin insert , or
financial assurances end insert . The lead agency’s response to the begin delete director’s end delete
begin insert State Mine Inspector’s end insert comments shall describe whether the lead
agency proposes to adopt the begin delete director’s end delete begin insert State Mine Inspector’s end insert
comments to the reclamation begin delete plan or end delete begin insert plan, end insert plan amendment begin insert , or
financial assurances end insert . If the lead agency does not propose to adopt
the begin delete director’s end delete begin insert State Mine Inspector’s end insert comments, the lead agency
shall specify, in detail, why the lead agency proposes not to adopt
the comments. Copies of any written comments received and
responses prepared by the lead agency shall be forwarded to the
operator. The lead agency shall also give the begin delete director end delete begin insert State Mine
Inspector end insert at least 30 days’ notice of the time, place, and date of
the hearing before the lead agency at which begin delete time end delete the reclamation
begin delete plan or end delete begin insert plan, end insert plan amendment begin delete is scheduled to end delete begin insert , or financial
assurances may end insert be approved by the lead agency. If no hearing is
required by this chapter, or by the local ordinance, or other state
law, then the lead agency shall provide 30 days’ notice to the
begin delete director end delete begin insert State Mine Inspector end insert that it intends to approve the
reclamation begin delete plan or end delete begin insert plan, end insert plan begin delete amendment. The lead agency shall
send to the director its final response to the director’s comments
within 30 days following its approval of the reclamation plan or
plan amendment during which period the department retains all
powers, duties, and authorities of this chapter. end delete begin insert amendment, or
financial assurances. If the State Mine Inspector is dissatisfied
with the lead agency’s approval, the State Mine Inspector may
seek judicial review of that approval pursuant to Section 1094.5
of the Code of Civil Procedure within 30 days of notice of the lead
agency’s action. Lead agency approval of a reclamation plan,
plan amendment, or financial assurances that is inconsistent with
this chapter shall be cause for action under Section 2774.4,
whether judicial review of the approval was obtained or not. end insert

(3) (A) Prior to approving initial financial assurances for a
reclamation plan or any amendments, pursuant to subdivision (a)
of Section 2770, the begin delete director end delete begin insert State Mine Inspector end insert shall have 45
days from the date of receipt of a complete reclamation plan or
complete plan amendments submitted pursuant to subdivision (c)
to prepare financial assurances for reclamation pursuant to the
proposed reclamation plan and to submit the proposed financial
assurances to the lead agency for review.

(B) The lead agency shall have 30 days from the date of its
receipt of the financial assurances to evaluate the financial
assurances prepared by the begin delete director end delete begin insert State Mine Inspector end insert and to
submit written comments, if the lead agency so chooses.

(C) The begin delete director end delete begin insert State Mine Inspector end insert shall evaluate any written
comments received from the lead agency pursuant to subparagraph
(B) and shall prepare a written response to the lead agency’s
comments, describing the disposition of the major issues raised
by the lead agency’s comments. The response shall indicate
whether the begin delete director end delete begin insert State Mine Inspector end insert proposes to adopt the
lead agency’s comments or, if not, shall specify, in detail, why the
begin delete director end delete begin insert State Mine Inspector end insert does not propose to adopt the lead
agency’s comments. Copies of any written comments received
and responses prepared by the begin delete director end delete begin insert State Mine Inspector end insert shall
be forwarded to the operator. The begin delete director end delete begin insert State Mine Inspector end insert
shall submit the response and the approved financial assurances
to the lead agency and to the operator within 30 days of receipt of
the lead agency’s comments.

(4) To the extent that there is a conflict between the comments
of a trustee agency or a responsible agency that are based on the
agency’s statutory or regulatory authority and the comments of
other commenting agencies begin delete which end delete begin insert that end insert are received by the lead
agency pursuant to Division 13 (commencing with Section 21000)
regarding a reclamation plan or plan amendments, the lead agency
shall consider only the comments of the trustee agency or
responsible agency.

(e) A lead agency shall notify the begin delete director end delete begin insert State Mine Inspector end insert
of the filing of an application for a permit to conduct surface
mining operations within 30 days of an application being filed
with the lead agency. By July 1 of each year, the lead agency shall
submit to the begin delete director end delete begin insert State Mine Inspector end insert for each active or idle
mining operation a copy of any permit or reclamation plan
amendments, as applicable, or a statement that there have been no
changes during the previous year. Failure to file with the begin delete director end delete
begin insert State Mine Inspector end insert the information required under this section
shall be cause for action under Section 2774.4.

begin delete SEC. 14. end delete
begin insert SEC. 16. end insert   

Section 2774.1 of the Public Resources Code is
amended to read:

2774.1.  

(a) Except as provided in subdivision (i) of Section
2770, if the lead agency or the begin delete director end delete begin insert State Mine Inspector end insert
determines, based upon an annual inspection pursuant to Section
2774, or otherwise confirmed by an inspection of the mining
operation, that a surface mining operation is not in compliance
with this chapter, the lead agency or the begin delete director end delete begin insert State Mine
Inspector end insert shall notify the operator of that violation by personal
service or certified mail. The notice of violation shall specify the
remedial steps to be taken to correct any noncompliance identified
in the notice, as well as a reasonable time for compliance of each
instance of noncompliance if compliance cannot reasonably be
attained within 30 days of the date of the notice. If a violation
extends beyond 30 days after the date of the lead agency’s or the
begin delete director’s end delete begin insert State Mine Inspector’s end insert notification, unless the operator
has accepted a scope of work and schedule, agreed to by the lead
agency or the begin delete director end delete begin insert State Mine Inspector end insert , for achieving
compliance, the lead agency or the begin delete director end delete begin insert State Mine Inspector end insert
shall issue an order by personal service or certified mail requiring
the operator to comply with this chapter or, if the operator does
not have an approved reclamation plan or financial assurances, begin insert to end insert
cease all further mining activities.

(b) An order issued under subdivision (a) shall not take effect
until the operator has been provided a hearing before the lead
agency for orders issued by the lead agency, or board for orders
issued by the begin delete director end delete begin insert State Mine Inspector end insert , concerning the alleged
violation. An order issued under subdivision (a) shall specify which
aspects of the surface mine’s activities or operations are
inconsistent with this chapter, shall specify a time for compliance
that the lead agency or begin delete director end delete begin insert State Mine Inspector end insert determines
is reasonable, taking into account the seriousness of the violation
and any good faith efforts to comply with applicable requirements,
and shall set a date for the hearing, which shall not be sooner than
30 days after the date of the order.

begin insert

(c) Following the issuance of an order under subdivision (a),
the lead agency or the State Mine Inspector shall be entitled to
access to the mining operation to inspect the status of compliance
with the order. Entitlement to access shall be without further notice
than the order, and shall end only when the lead agency or the
State Mine Inspector determines that compliance with the order
has been attained or the order is reversed on appeal, whichever
is sooner.

end insert begin delete

(c)

end delete

begin insert (d) end insert  An operator who violates or fails to comply with an order
issued under subdivision (a) after the order’s effective date, as
provided in subdivision (b), or who fails to submit a report to the
State Mine Inspector or lead agency as required by Section 2207,
shall be subject to an order by the lead agency or the begin delete director end delete begin insert State
Mine Inspector end insert imposing an administrative penalty of not more
than five thousand dollars ($5,000) per day, assessed from the
original date of noncompliance with this chapter or Section 2207.
The penalty may be imposed administratively by the lead agency
or the begin delete director end delete begin insert State Mine Inspector end insert . In determining the amount
of the administrative penalty, the lead agency or the begin delete director end delete begin insert State
Mine Inspector end insert shall take into consideration the nature,
circumstances, extent, and gravity of the violation or violations,
any prior history of violations, the degree of culpability, economic
savings, if any, resulting from the violation, and any other matters
justice may require. Orders setting administrative penalties shall
become effective upon issuance of the order and payment shall be
made to the lead agency or the begin delete director end delete begin insert State Mine Inspector end insert within
30 days, unless the operator petitions the legislative body of the
lead agency, the board, or the superior court for review as provided
in Section 2774.2. An order shall be served by personal service or
by certified mail upon the operator. Penalties collected by the
begin delete director end delete begin insert State Mine Inspector end insert shall not be used for purposes other
than to cover the reasonable costs incurred by the begin delete director end delete begin insert the
board end insert or the State Mine Inspector in implementing this chapter or
Section 2207.

begin delete

(d)

end delete

begin insert (e) end insert  If the lead agency or the begin delete director end delete begin insert State Mine Inspector end insert
determines that the surface mine is not in compliance with this
chapter, so that the surface mine presents an imminent and
substantial endangerment to the public health or the environment,
the lead agency or the Attorney General, on behalf of the begin delete director end delete
begin insert State Mine Inspector end insert , may seek an order from a court of competent
jurisdiction enjoining that operation.

begin delete

(e)

end delete

begin insert (f) end insert  Upon a complaint by begin delete the director, end delete the department, begin insert the State
Mine Inspector, end insert or the board, the Attorney General may bring an
action to recover administrative penalties under this section, and
penalties under Section 2207, in any court of competent jurisdiction
in this state against any person violating any provision of this
chapter or Section 2207, or any regulation adopted pursuant to this
chapter or Section 2207. The Attorney General may bring this
action on his or her own initiative if, after examining the complaint
and the evidence, he or she believes a violation has occurred. The
Attorney General may also seek an order from a court of competent
jurisdiction compelling the operator to comply with this chapter
and Section 2207 begin insert and to cease operation until compliance is
proven end insert .

begin delete

(f)

end delete

begin insert (g) end insert  (1) The lead agency has primary responsibility for enforcing
this chapter and Section 2207. In cases where the board is not the
lead agency pursuant to Section 2774.4, begin insert or in cases where the State
Mine Inspector has not assumed authority for mine inspections
and determining financial assurance amounts pursuant to Section
2774.4, end insert enforcement actions may be initiated by the begin delete director end delete begin insert State
Mine Inspector end insert pursuant to this section only after the violation has
come to the attention of the begin delete director end delete begin insert State Mine Inspector end insert and either
of the following occurs:

(A) The lead agency has been notified by the begin delete director end delete begin insert State Mine
Inspector end insert in writing of the violation for at least 30 days, and has
not taken appropriate enforcement action, which may include
failing to issue an order to comply within a reasonable time after
issuing a notice of violation.

(B) The begin delete director end delete begin insert State Mine Inspector end insert determines that there is
a violation that amounts to an imminent and substantial
endangerment to the public health or safety, or to the environment.

begin delete

(2) The director shall comply with this section in initiating
enforcement actions.

end delete begin insert

(2) Where the board or the State Mine Inspector is the lead
agency pursuant to Section 2774.4, the board or the State Mine
Inspector, as the case may be, has sole responsibility for enforcing
this chapter and Section 2207.

end insert begin delete

(g)

end delete

begin insert (h) end insert  Remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 2774.3 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

2774.3.  

The board shall review lead agency ordinances begin delete which end delete
begin insert that end insert establish permit and reclamation procedures begin insert , and any proposed
changes thereto, end insert to determine whether each ordinance begin insert or proposed
change end insert is in accordance with state policy, and shall certify the
ordinance begin insert or proposed change end insert as being in accordance with state
policy if it adequately meets, or imposes requirements more
stringent than, the California surface mining and reclamation
policies and procedures established by the board pursuant to this
chapter. begin insert Proposed changes to lead agency ordinances shall not
be effective until certified by the board pursuant to this section. end insert

begin delete SEC. 15. end delete
begin insert SEC. 18. end insert   

Section 2774.4 of the Public Resources Code is
amended to read:

2774.4.  

(a) If the board finds that a lead agency either has (1)
approved reclamation plans or begin delete , prior to January 1, 2015, end delete financial
assurances that are not consistent with this chapter, (2) failed begin delete , prior
to January 1, 2015, end delete to inspect or cause the inspection of surface
mining operations as required by this chapter, (3) failed to seek
forfeiture of financial assurances and to carry out reclamation of
surface mining operations as required by this chapter, (4) failed
to take appropriate enforcement actions as required by this chapter,
(5) intentionally misrepresented the results of inspections required
under this chapter, or (6) failed to submit information to the
department as required by this chapter, begin insert including annually
certifying to the board all of the following: (A) that the lead agency
has approved an adequate reclamation plan and financial
assurances, including any amendments thereto, for each mining
operation in its jurisdiction, (B) that its mineral resources
management plan complies with applicable law and has been
adopted in accordance with Section 2762, and (C) that all notices
required pursuant to Section 2772.7 have been recorded, end insert the board
shall begin insert assign to the State Mine Inspector the authority to end insert exercise
any of the powers of that begin delete lead end delete agency under this chapter, except
for permitting authority.

begin insert

(b) Until January 1, 2016, in cases where the board has assumed
authority to exercise the powers of the lead agency under this
chapter, except for permitting authority, the board shall continue
to do so. Thereafter, the board shall assign those powers to the
State Mine Inspector.

end insert begin delete

(b)

end delete

begin insert (c) end insert  If, no sooner than three years after the board has taken action
pursuant to subdivision (a), the board finds, after a public hearing,
that a lead agency has corrected its deficiencies in implementing
and enforcing this chapter, and the rules and regulations adopted
pursuant to this chapter, the board shall restore to the lead agency
the powers assumed by the begin delete board end delete begin insert State Mine Inspector end insert pursuant
to subdivision (a).

begin delete

(c)

end delete

begin insert (d) end insert  Before taking any action pursuant to subdivision (a), the
board shall first notify the lead agency of the identified
deficiencies, and allow the lead agency 45 days to correct the
deficiencies to the satisfaction of the board. If the lead agency has
not corrected the deficiencies to the satisfaction of the board within
the 45-day period, the board shall hold a public hearing within the
lead agency’s area of jurisdiction, upon a 45-day written notice
given to the public in at least one newspaper of general circulation
within the city or county, and directly mailed to the lead agency
and to all surface mining operators within the lead agency’s
jurisdiction who have submitted reports as required by Section
2207.

begin delete

(d)

end delete

begin insert (e) end insert  Affected surface mining operators and interested persons
have the right, at the public hearing, to present oral and written
evidence on the matter being considered. The board may, at the
public hearing, place reasonable limits on the right of affected
surface mining operators and interested persons to question and
solicit testimony.

begin delete

(e)

end delete

begin insert (f) end insert  If, after conducting the public hearing required by subdivision
begin delete (c), end delete begin insert (d), end insert the board decides to take action pursuant to subdivision
(a), the board shall, based on the record of the public hearing, adopt
written findings which explain all of the following:

(1) The action to be taken by the board.

(2) Why the board decided to take the action.

(3) Why the action is authorized by, and meets the requirements
of, subdivision (a).

In addition, the findings shall address the significant issues
raised, or written evidence presented, by affected surface mining
operators, interested persons, or the lead agency. The transcript of
testimony and exhibits, together with all papers and requests filed
in the proceedings, shall constitute the exclusive record for decision
by the board.

begin delete

(f)

end delete

begin insert (g) end insert  The lead agency, any affected surface mining operator, or
any interested person who has presented oral or written evidence
at the public hearing before the board pursuant to subdivision begin delete (d) end delete
begin insert (e) end insert may obtain review of the board’s action taken pursuant to
subdivision (a) by filing in the superior court a petition for writ of
mandate within 30 days following the issuance of the board’s
decision. Section 1094.5 of the Code of Civil Procedure governs
judicial proceedings pursuant to this subdivision, except that in
every case the court shall exercise its independent judgment. If a
petition for a writ of mandate is not filed within the time limits set
by this subdivision, the board’s action under subdivision (a) shall
not be subject to review by any court or agency.

begin delete

(g)

end delete

begin insert (h) end insert  (1) A lead agency may unilaterally and voluntarily relinquish
begin insert any or all of end insert its responsibilities under this chapter, and the begin delete board end delete
begin insert State Mine Inspector end insert shall assume those responsibilities.

(2) (A) No sooner than three years after relinquishing its lead
agency responsibilities, the lead agency may request the board to
authorize it to resume its role as a lead agency.

(B) If the board finds, after holding a public hearing as described
in subdivision begin delete (d), end delete begin insert (e), end insert that the lead agency has corrected all
deficiencies, if any, pursuant to subdivision (a) in implementing
and enforcing this chapter and its implementing regulations, the
board shall restore to the agency the lead agency powers assumed
by the begin delete board end delete begin insert State Mine Inspector end insert pursuant to this subdivision.

begin delete SEC. 16. end delete
begin insert SEC. 19. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.