BILL NUMBER: AB 1142 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JULY 1, 2015
AMENDED IN ASSEMBLY JUNE 3, 2015
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Gray
FEBRUARY 27, 2015
An act to amend Sections 2207, 2715.5, 2733, 2770, 2772, 2773.1,
2774, and 2774.2 of, and to add Sections 2736, 2772.1, and 2773.4 to,
the Public Resources Code, relating to mining and geology.
LEGISLATIVE COUNSEL'S DIGEST
AB 1142, as amended, Gray. Mining and geology: surface mining.
(1) The Surface Mining and Reclamation Act of 1975 prohibits a
person, with exceptions, from conducting surface mining operations
unless, among other things, a permit is obtained from, a specified
reclamation plan is submitted to and approved by, and financial
assurances for reclamation have been approved by the lead agency for
the operation of the surface mining operation.
This bill would revise and recast provisions of the act related to
the approval of reclamation plans and, among other things, would
require a reclamation plan filed by an operator of a surface mining
operation with a lead agency to include specified reclamation maps;
require a lead agency, when submitting a proposed reclamation plan to
the Director of Conservation, to incorporate specified items of
information and documents in the submitted reclamation plan within
certain timeframes; and, require the director to take certain actions
upon receiving a proposed reclamation plan. By adding to the duties
of a local government acting as a lead agency under the act, this
bill would impose a state-mandated local program.
This bill would revise and recast provisions of the act related to
financial assurances and, among other things, would require
financial assurance cost estimates to be submitted for
review and include estimates of the time needed to complete
reclamation of the mine; require an operator to replace an approved
financial assurance only if the financial assurance cost estimate
identifies a need to increase the amount of the financial assurance;
require a lead agency to submit a surface mining operation's proposed
financial assurance cost estimate to the director for review, as
specified; and, and require the
director to take certain actions upon receiving a financial assurance
cost estimate from a lead agency. By adding to the duties of a local
government acting as a lead agency under the act, this bill would
impose a state-mandated local program.
This bill also would require a lead agency or the State Mining and
Geology Board to conduct a specified public hearing if the lead
agency has evidence that an operator may be financially incapable of
performing reclamation in accordance with its approved reclamation
plan or that the operator has abandoned a surface mining operation
without completing reclamation and to take appropriate actions to
seize forfeit the operator's financial
assurances if warranted following that hearing.
(2) The act requires the owner or operator of a mining operation
to forward annually to the director and the lead agency a report that
provides, among other things, proof of annual inspection by the lead
agency. The act also requires every lead agency to adopt ordinances
that establish procedures for the review and approval of reclamation
plans, and, before approving a reclamation plan, to submit the plan
to the director. The act requires a lead agency to inspect a surface
mining operation within 6 months of receiving a specified report and
to conduct an inspection no less than once every calendar year. The
act authorizes a lead agency to cause an inspection to be conducted
by a state licensed state-licensed
geologist, state licensed state-licensed
civil engineer, state licensed
state-licensed landscape architect, or state licensed
state-licensed forester, as specified.
This bill would revise and recast those provisions and, among
other things, would require the owner or operator to provide a copy
of the previously completed annual inspection form and a requested
date for the next annual inspection by the lead agency; authorize a
lead agency to cause an inspection to be conducted by an unlicensed
employee of the lead agency who meets specified criteria and who,
after January 1, 2018, has completed an inspection workshop, as
provided; impose new requirements on the lead agency related to the
timing of inspections; impose timelines on a lead agency related to
the submission of an application for a permit to conduct a surface
mining operation; and require the director to provide an inspection
workshop and update workshop for lead agency employees who inspect
surface mining operations after January 1, 2018. By adding to the
duties of local agencies, a loc al
government acting as a lead agency, this bill would impose a
state-mandated local program.
(3) The act requires that the lead agency have primary
responsibility in enforcing the act. The act authorizes, in cases
where the board is not the lead agency, the director to initiate
enforcement actions if the lead agency has been notified by the
director, for at least 15 days, of a violation and has not taken
appropriate enforcement action, or the director determines there is a
violation that presents an imminent and substantial endangerment to
the public health or safety or the environment. The act establishes
procedures and timelines for an operator to have an order setting
administrative penalties reviewed by a legislative body of a lead
agency, the board, or a superior court.
This bill, after the expiration of a specified review period,
would authorize the director or the board when it acts as a lead
agency to apply to the small claims court or the superior court, as
appropriate, for a judgment to collect an unpaid administrative
penalty.
(4) 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. 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 director annually, not later than a
date established by the director, upon forms approved by the board
from time to time, a report that identifies and contains 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,
director, or court.
(3) The location of the mining operation, its name, its mine
number as issued by the Office of Mine Reclamation or the director,
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) A copy of the previously completed annual inspection form and
a requested date for the next annual inspection by the lead agency.
(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
director, 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
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 director
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 Office of
Mine Reclamation, 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 report to the director 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 maximum
fee for any single mining operation may not exceed four thousand
dollars ($4,000) annually and may not be less than one hundred
dollars ($100) 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 2005-06 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 cost in
carrying out this section and Chapter 9 (commencing with Section
2710), as reflected in the Governor's proposed Budget, and may adopt
those regulations as emergency regulations. In establishing the
schedule of fees to be paid by each active and idle mining operation,
the fees shall be calculated on an equitable basis reflecting the
size and type of operation. The board shall also consider the total
assessed value of the mining operation, the acreage disturbed by
mining activities, and the acreage subject to the reclamation plan.
(B) Regulations adopted pursuant to this subdivision shall be
adopted by the board in accordance with the Administrative Procedure
Act (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 may not
exceed, and may be less than, the amount of three million five
hundred thousand dollars ($3,500,000), 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. If the director 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 director or board pursuant to this chapter or
Chapter 9 (commencing with Section 2710) shall be deposited in the
Mine Reclamation Account. The money 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.
(B) (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 when acting as the lead agency,
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 whatever 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 the
Administrative Procedure Act (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 act.
SEC. 2. Section 2715.5 of the Public Resources Code is amended to
read:
2715.5. (a) The Cache Creek Resource Management Plan, in
conjunction with a site specific plan deemed consistent by the lead
agency with the Cache Creek Resource Management Plan, until December
31, 2017, shall be considered to be a functional equivalent of a
reclamation plan for the purposes of this chapter. No other
reclamation plan shall be required to be reviewed and approved for
any excavation project subject to the Cache Creek Resource Management
Plan that is conducted in conformance with an approved site specific
plan that is consistent with the Cache Creek Resource Management
Plan and the standards specified in that plan governing erosion
control, channel stabilization, habitat restoration, flood control,
or infrastructure maintenance, if that plan is reviewed and approved
by a lead agency pursuant to this chapter.
(b) For the purposes of this section, the board of supervisors of
the county in which the Cache Creek Resource Management Plan is to be
implemented shall prepare and file the annual report required to be
prepared pursuant to Section 2207.
(c) Nothing in this section precludes an enforcement action by the
board or the department brought pursuant to this chapter or Section
2207 if the lead agency or the director determines that a surface
mining operator, acting under the authority of the Cache Creek
Resource Management Plan, is not in compliance with the requirements
of this chapter or Section 2207.
(d) For purposes of this section, "site specific plan" means an
individual project plan approved by the lead agency that is
consistent with the Cache Creek Resource Management Plan. Site
specific plans prepared in conformance with the Cache Creek Resource
Management Plan shall include, at a minimum, the information required
pursuant to subdivision (c) of Section 2772, shall comply with the
requirements of Article 9 (commencing with Section 3700) of
Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California
Code of Regulations, and shall be provided along with a financial
assurance estimate to the department for review and comment pursuant
to Section 2772.1 or 2773.4, as applicable. Notwithstanding the
number of days authorized by subdivision (b) of Section 2772.1 or
subdivision (c) of Section 2773.4, the department shall review the
site specific plan and the financial assurance estimate and prepare
any written comments within 15 days from the date of receipt of the
plan and the estimate.
(e) Prior to engaging in an excavation activity in conformance
with the Cache Creek Resource Management Plan, a surface mining
operation shall be required to obtain financial assurances that meet
the requirements of Section 2773.1.
(f) This section shall remain in effect only until December 31,
2017, and as of that date is repealed, unless a later enacted statute
that is enacted before December 31, 2017, deletes or extends that
date.
SEC. 3. 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, and may require
backfilling, grading, resoiling, revegetation, soil compaction, slope
stabilization, or other measures.
SEC. 4. Section 2736 is added to the Public Resources Code, to
read:
2736. "Financial assurances" means a current approved financial
assurance cost estimate and a financial assurance mechanism that is
at least equal to the current approved financial assurance cost
estimate.
SEC. 5. 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, a
reclamation plan has been submitted to and approved by, and
financial assurances for reclamation have been approved by the lead
agency for the operation pursuant to this article.
(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 the purposes of this subdivision, a
reclamation plan existing prior to January 1, 2016, 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.
(c) The review of financial assurances shall not be considered a
project for purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000)).
(d) The lead agency's review of a reclamation plan submitted
pursuant to subdivision (b) or 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, 2773.1, and 2773.3 and the lead agency surface mining
ordinance adopted pursuant to subdivision (a) of Section 2774, but,
in any event, the lead agency shall require that financial assurances
for reclamation be sufficient to perform reclamation of lands
remaining disturbed. Reclamation plans or financial assurances
determined to substantially meet these requirements shall be approved
by the lead agency for purposes of this chapter. Reclamation plans
or financial assurances determined not to substantially meet these
requirements shall be returned to the operator within 60 days. The
operator has 60 days to revise the plan or financial assurances to
address identified deficiencies, at which time the revised plan or
financial assurances shall be returned to the lead agency for review
and approval. Except as specified in subdivision (e) or (i), unless
the operator has filed on or before July 1, 1990, an appeal pursuant
to subdivision (e) with regard to nonapproval of the reclamation
plan, or has filed on or before January 1, 1994, an appeal pursuant
to subdivision (e) with regard to nonapproval of financial
assurances, and that appeal is pending before the board, the
continuation of the surface mining operation is prohibited until a
reclamation plan and financial assurances for reclamation are
approved by the lead agency.
(e) A person who can substantiate, based on the evidence of the
record, that a lead agency has either (1) failed to act according to
due process or has relied on considerations not related to the
specific applicable requirements of Sections 2772, 2773, 2773.1, and
2773.3 and the lead agency surface mining ordinance adopted pursuant
to subdivision (a) of Section 2774, in reaching a decision to deny
approval of a reclamation plan or financial assurances for
reclamation, (2) failed to act within a reasonable time of receipt of
a completed application, or (3) failed to review and approve
reclamation plans or financial assurances as required by subdivision
(d) or Sections 2772.1 and 2773.4, may appeal that action or inaction
to the board. If the director has commented pursuant to Section
2773.4 that a financial assurance cost estimate is inadequate, the
director may appeal the lead agency's approval of a financial
assurance cost estimate on any of the grounds identified in this
subdivision that were included in the director's comments pursuant to
Article 7 (commencing with Section 3680) of Subchapter 1 of Chapter
8 of Division 2 of Title 14 of the California Code of Regulations.
(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
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, 2773.1, and 2773.3 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 or upheld. A reclamation
plan or financial assurances determined not to meet these
requirements shall be returned with a notice of deficiencies, to the
operator, 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 or the revised financial assurances to the lead agency 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 the California Environmental
Quality Act (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 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 operator 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), (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).
SEC. 6. 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 provided by the lead agency, 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) The reclamation plan shall include a chart identifying the
page number, chapter, appendix, or other specific location in the
reclamation plan where content meeting the requirements, as
applicable, of Sections 2772, 2773, and 2773.3 is located.
(c) The reclamation plan shall include all of the following
information and documents:
(1) The name and address of the 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 completion of
reclamation activities for the surface mining operation.
(4) The maximum anticipated depth of the surface mining operation.
(5) A reclamation plan map or maps that shall include all of the
following:
(A) Size and legal description of the lands that will be affected
by the surface mining operation and the names and addresses of the
owners of all surface interests and mineral interests in the lands.
(B) Clearly defined and accurately drawn property lines, setbacks,
and the reclamation plan boundary.
(C) Existing topography and final topography depicted with contour
lines drawn at appropriate intervals for the site's conditions.
(D) Detailed geologic description of the area of the surface
mining operation.
(E) Location of railroads, utility facilities, access roads,
temporary roads to be reclaimed, and any roads remaining for the
approved end use.
(F) All maps, diagrams, or calculations that require preparation
in accordance with the Professional Engineers Act (Chapter 7
(commencing with Section 6700) of Division 3 of the Business and
Professions Code), the Geologist and Geophysicist Act (Chapter 12.5
(commencing with Section 7800) of Division 3 of the Business and
Professions Code), or the Professional Land Surveyors' Act (Chapter
15 (commencing with Section 8700) of Division 3 of the Business and
Professions Code) shall be prepared by a California-licensed
professional, shall include his or her license number and name, and
shall bear the signature and seal of the licensee.
(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, including
both of the following:
(A) A description of the manner in which known 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 that
minimizes erosion and sedimentation.
(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) 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 the
California Environmental Quality Act (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 the information, document, or
component of a document referenced in the reclamation plan is used
to meet the requirements of subdivision (c) or Section 2773 or
2773.3, the information, document, or component of a 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 the California Environmental Quality Act (Division 13
(commencing with Section 21000)).
SEC. 7. Section 2772.1 is added to the Public Resources Code, to
read:
2772.1. (a) (1) Prior to approving a surface mining operation's
reclamation plan or plan amendment, the lead agency shall submit the
reclamation plan or plan amendment to the director for review. The
reclamation plan or plan amendment shall be submitted to the director
as early as practicable in order to facilitate the review of the
reclamation plan pursuant to the California Environmental Quality Act
(Division 13 (commencing with Section 21000)). All documentation for
the submission shall be submitted to the director at one time.
(2) An item of information, document, or component of a document
that has 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 the California Environmental
Quality Act (Division 13 (commencing with Section 21000)) shall be
incorporated into the reclamation plan or plan amendment if it is
used to satisfy the requirements of subdivision (c) of Section 2772
and Sections 2773 and 2773.3, if applicable. If an item of
information, document, or component of a document is incorporated,
reference to the item shall be added to the chart required pursuant
to subdivision (b) of Section 2772 and shall be properly indexed with
the corresponding appendix reference and page numbers, if
applicable. The item shall be included in an appendix to and shall
become part of the reclamation plan or plan amendment. A technical
report created by a California-licensed professional to support
variations to the reclamation standards adopted by the board pursuant
to Section 2773 shall be included in an appendix to the reclamation
plan or plan amendment bearing the California-licensed professional's
stamp or seal, as applicable.
(3) The lead agency shall certify to the director that the
reclamation plan or plan amendment is a complete submission and is in
substantial compliance with all of the following:
(A) The applicable requirements of this chapter.
(B) Article 1 (commencing with Section 3500) of Chapter 8 of
Division 2 of Title 14 of the California Code of Regulations.
(C) The lead agency's surface mining ordinance in effect at the
time that the reclamation plan or plan amendment is submitted to the
director for review.
(b) (1) The director shall have 15 days from the receipt of a
reclamation plan or plan amendment to notify the lead agency and
operator if the submission is incomplete. An incomplete submission is
one that does not meet the content requirements of subdivision
(a) of this section and subdivisions (c) and (d) of
section 2772 and subdivision (a). Section 2772.
The director's notice shall specifically identify all aspects of the
submission that are incomplete. If the submission is incomplete due
to the failure to include a professionally stamped copy of a
technical report, map, or diagram that is required to be prepared by
a California-licensed professional pursuant to subdivision (c) of
section Section 2772, the director
shall request a stamped copy of the technical report, map, or diagram
only, instead of a full resubmission of the reclamation plan or plan
amendment. The review time required pursuant to paragraph (2) shall
begin when the stamped copy of the technical report, map, or diagram
is received by the director. The director's time to review the
reclamation plan or plan amendment shall commence upon the receipt of
a submission that contains the item or items identified in the
director's notice to the lead agency.
(2) The director shall have 45 days from the receipt of a complete
reclamation plan or plan amendment to prepare written comments if
the director chooses. The lead agency shall review and evaluate
written comments received from the director relating to the
reclamation plan or plan amendment within a reasonable amount of
time.
(3) (A) The lead agency shall prepare a written response to the
director's comments received pursuant to paragraph (2) describing the
disposition of the major issues raised by the comments. The lead
agency shall submit its response to the director at least 30 days
prior to the intended approval of the reclamation plan or plan
amendment. The lead agency's response shall include either of the
following:
(i) A description of how the lead agency proposes to adopt the
director's comments to the reclamation plan or plan amendment.
(ii) A detailed description of the reasons why the lead agency
proposes not to adopt the director's comments.
(B) Copies of any written comments received and responses prepared
by the lead agency pursuant to subparagraph (A) shall be forwarded
to the operator.
(4) (A) The lead agency shall give the director at least 30 days'
notice of the time, place, and date of the hearing at which the
reclamation plan or plan amendment is scheduled to be approved by the
lead agency.
(B) If no hearing is required by this chapter, the local
ordinance, or other state law, the lead agency shall provide 30 days'
notice to the director that the lead agency intends to approve the
reclamation plan or plan amendment.
(5) (A) Within 60 days following approval of the reclamation plan
or plan amendment, the lead agency shall provide the director its
final response to the director's written comments and the final
approved copies of those documents. During that time, the department
retains all of its powers, duties, and authorities pursuant to this
chapter.
(B) The lead agency's final response shall include an index
showing permit conditions of approval and binding mitigation measures
adopted or certified pursuant to the California Environmental
Quality Act (Division 13 (commencing with Section 21000)) that are
necessary to meet the requirements of subdivision (c) of Section 2772
and Sections 2773 and 2773.3. Those conditions of approval and
mitigation measures shall be included in an appendix to the
reclamation plan or plan amendment and shall be considered part of
the reclamation compliance requirements and subject to the annual
inspection requirements. To the extent those conditions of approval
and mitigation measures are not subject to separate lead agency or
other state or federal agency bonding or performance requirements,
those conditions and measures shall be subject to the financial
assurances requirements of this article.
(6) No later than 60 days after the approval of the reclamation
plan or plan amendment, the lead agency shall provide an official
copy of the approved reclamation plan or plan amendment incorporating
all approved modifications to the reclamation plan or plan amendment
to the director.
(c) To the extent there is a conflict between the comments of a
trustee agency or a responsible agency that are based on that agency'
s statutory or regulatory authority and the comments of other
commenting agencies that are received by the lead agency pursuant to
the California Environmental Quality Act (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.
(d) Nothing in this section is intended to limit or expand the
department's authority or responsibility to review a document in
accordance with the California Environmental Quality Act (Division 13
(commencing with Section 21000)).
SEC. 8. Section 2773.1 of the Public Resources Code is amended to
read:
2773.1. (a) Lead agencies shall require financial assurances of
each surface mining operation to ensure reclamation is performed in
accordance with the surface mining operation's approved reclamation
plan, as follows:
(1) A financial assurance mechanism 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 lead agency 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) The amount of financial assurances required of a surface
mining operation for any one year shall be reviewed and, if
necessary, adjusted once each calendar year to account for new lands
disturbed by surface mining operations, inflation, and reclamation of
lands accomplished in accordance with the approved reclamation plan.
An operator shall be required to replace an approved financial
assurance mechanism to bond for the reclamation of the surface mining
operation only if the financial assurance cost estimate identifies a
need to increase the amount of the financial assurance mechanism.
(4) Financial assurance cost estimates shall be submitted to the
lead agency for review on the form adopted by the board by regulation
pursuant to subdivision (f). The estimates shall include estimates
of the time needed to complete reclamation of the mine in accordance
with the approved reclamation plan, including, but not limited to,
any monitoring studies required by the reclamation plan.
(5) Each financial assurance mechanism shall be made payable to
the lead agency and the department. A financial assurance mechanism
shall not be released without the consent of the lead agency and the
department. A financial assurance mechanism that was approved by the
lead agency prior to January 1, 1993, and was 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 lead agency 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
lead agency and the public agencies for any one year shall not exceed
that amount that is necessary to perform reclamation of lands
remaining disturbed. For purposes of this paragraph, a "public agency"
may include a federal agency.
(b) (1) If the lead agency, or the board when acting as a lead
agency, has evidence that an operator may be financially incapable of
completing reclamation in accordance with its approved reclamation
plan or that the operator may have abandoned the surface mining
operation without completing reclamation, the lead agency or board
shall conduct a public hearing to determine whether the operator is
financially capable of completing reclamation in accordance with the
approved reclamation plan or has abandoned the surface mining
operation. The hearing shall be noticed to the operator and the
director at least 30 days prior to the hearing.
(2) If the lead agency or the board, following the public hearing
conducted pursuant to paragraph (1), 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 completing reclamation, either the lead agency or
the director shall do all of the following:
(A) Notify the operator by personal service or certified mail that
the lead agency or the director intends to take appropriate action
to forfeit the financial assurances and specify the reasons for so
doing.
(B) Proceed to take appropriate action to require forfeiture of
the financial assurances.
(C) Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. If the surface mining operation cannot be reclaimed
in accordance with its approved reclamation plan, or the financial
assurances are inadequate to reclaim in accordance with its approved
reclamation plan, the lead agency or director may use seized
forfeited financial assurances to reclaim or
remediate mining disturbances as appropriate for the site conditions
as determined by both the lead agency and the director. The financial
assurances shall not 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 or a remediation plan
developed pursuant to this section as determined appropriate by both
the lead agency and the director 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 the written concurrence
of the lead agency and the director, which shall be forwarded to the
operator and the institutions providing or holding the financial
assurance mechanism, that reclamation has been completed in
accordance with the approved reclamation plan. If a surface 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 and the director until new financial
assurances are secured from the new owner and have been approved by
the lead agency in accordance with Sections 2770, 2773.1, and 2773.4.
Within 90 days of the sale or transfer of the surface mining
operation, the new operator shall establish or maintain an
appropriate financial assurance mechanism and sign a new statement of
reclamation responsibility in accordance with paragraph (10) of
subdivision (c) of Section 2772.
(d) The lead agency shall have primary responsibility to seek
forfeiture of financial assurances and to reclaim mine sites pursuant
to subdivision (b). However, if the board is not the lead agency
pursuant to Section 2774.4, the director may act to seek forfeiture
of financial assurances and reclaim mine sites pursuant to
subdivision (b) only if both of the following occurs:
(1) The financial incapability of the operator or the abandonment
of the surface mining operation has come to the attention of the
director.
(2) The lead agency has been notified in writing by the director
of the financial incapability of the operator or the abandonment of
the surface mining operation for at least 15 days, the lead agency
has not taken appropriate measures to seek forfeiture of the
financial assurances and reclaim the mine site, and one of the
following has occurred:
(A) The lead agency has been notified in writing by the director
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.
(B) The director determines that there is a violation that amounts
to an imminent and substantial endangerment to the public health,
safety, or to the environment.
(C) The lead agency notifies the director in writing that its good
faith attempts to seek forfeiture of the financial assurances have
not been successful.
The director shall comply with subdivision (b) in seeking
forfeiture of financial assurances and reclaiming mine sites.
(e) The board may adopt regulations specifying financial assurance
mechanisms other than surety bonds, irrevocable letters of credit,
and trust funds, which the board determines are reasonably available
and adequate to ensure reclamation pursuant to this chapter, but
these mechanisms shall 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 or revise guidelines to implement this
section as necessary. The guidelines are exempt from the requirements
of the Administrative Procedure Act (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.
SEC. 9. Section 2773.4 is added to the Public Resources Code, to
read:
2773.4. (a) (1) Prior to approving the financial assurances for a
new reclamation plan or adjustments to financial assurances based on
an amendment to a reclamation plan, the lead agency shall submit the
financial assurance cost estimate to the director for review.
(2) The lead agency shall provide the director with a preliminary
determination of whether the financial assurance cost estimate
submitted pursuant to paragraph (1) is adequate, complete, and
consistent with Section 2773.1.
(3) All documentation submitted to the director pursuant to this
subdivision shall be submitted at one time.
(b) No later than 15 ___ days after
receiving a financial assurance cost estimate, the director shall
notify the lead agency and the operator if the submission is
incomplete. An incomplete submission is one that does not meet the
content requirements of Section 2773.1. The director's notice shall
specifically identify all aspects of the submission that are
incomplete. The director's time to review the financial assurance
cost estimate shall commence upon the receipt of a submission that
contains the aspects identified in the director's notice to the lead
agency.
(c) (1) The director shall have 45 ___
days from the date of receipt of a complete financial assurance
cost estimate to prepare written comments if the director chooses.
(2) The lead agency shall evaluate written comments received from
the director relating to the financial assurances within a reasonable
amount of time. The lead agency shall prepare a written response to
the director's comments describing the disposition of the major
issues raised by the director's comments.
(3) The lead agency shall submit its proposed response to the
director at least 30 ___ days prior to
approval of the financial assurance cost estimate. The lead agency's
response shall include either of the following:
(A) A description of how the lead agency proposes to adopt the
director's comments to the financial assurance cost estimate.
(B) A detailed description of the reasons why the lead agency
proposes to reject the director's comments.
(4) Copies of any written comments received and responses prepared
by the lead agency shall be forwarded to the operator.
(5) (A) The lead agency shall give the director at least
30 ___ days' notice of the time, place, and date
of the hearing at which the financial assurance cost estimate is
scheduled to be approved by the lead agency. If no hearing is
required by this chapter, local ordinance, or other state law, then
the lead agency shall provide 30 ___
days' notice to the director that it intends to approve the financial
assurance cost estimate.
(B) The lead agency shall send to the director its final response
to the director's comments within 30 ___
days following its approval of the financial assurance cost
estimate, during which time the department retains all of its powers,
duties, and authority pursuant to this chapter.
(d) (1) Within 30 ___ days of an
annual inspection being conducted pursuant to Section 2774, an
operator shall provide an annual financial assurance cost estimate to
the lead agency for review.
(2) Within 60 ___ days of receiving
an operator's annual financial assurance cost estimate, the lead
agency shall do both of the following:
(A) Review the annual financial assurance cost estimate for
adequacy and completeness consistent with Section 2773.1.
(B) Submit the annual financial assurance cost estimate to the
director for review.
(3) All documentation submitted to the director pursuant to this
subdivision shall be submitted at one time.
(4) The lead agency shall provide the director with a preliminary
determination of whether the annual financial assurance cost estimate
submitted pursuant to this subdivision is adequate, complete, and
consistent with Section 2773.1.
(5) Within 15 ___ days of receiving
an annual financial assurance cost estimate, the director shall
notify the lead agency and the operator if the submission is
incomplete. An incomplete submission is one that does not meet the
content requirements of Section 2773.1. The director's notice shall
specifically identify all aspects of the submission that are
incomplete. The director's time to review the annual financial
assurance cost estimate shall commence upon the receipt of a
submission that contains the aspects identified in the director's
notice to the lead agency.
(6) (A) Within 45 ___ days of
receiving an operator's complete annual financial assurance cost
estimate from the lead agency, the director shall prepare written
comments on the operator's financial assurances and provide the
comments to the lead agency and the operator,
operator if the director so chooses.
(B) Within 30 ___ days from
receiving the director's written comments pursuant to this
subdivision, the lead agency shall evaluate the written comments and
provide the director and operator its proposed response to the
director.
(C) Within 60 ___ days of receiving
the director's written comments, or the due date of the director's
written comments if they are not received, the lead agency shall
accept or reject an operator's annual financial assurance cost
estimate. In approving a financial assurance cost estimate, the lead
agency, with the concurrence of the operator, may modify the
financial assurance cost estimate as necessary to correct
deficiencies identified by the director or lead agency.
(D) Within 30 ___ days of the lead
agency's acceptance of the annual financial assurance cost estimate,
the lead agency shall send the director its final response to the
director's comments.
(7) If the lead agency determines an operator's annual financial
assurance cost estimate is inadequate, the lead agency shall specify
the reasons for that determination. The operator shall have
30 ___ days to appeal that denial pursuant to
subdivision (e) of Section 2770 or provide a revised financial
assurance cost estimate incorporating the suggested changes to the
director and the lead agency for approval by the lead agency.
(e) (1) Within 30 ___ days of the
lead agency's approval of a financial assurance cost estimate
pursuant to this section, the operator shall provide the lead agency
and the director an appropriate financial assurance mechanism. The
operator shall provide this financial assurance mechanism even if the
director has appealed the approval pursuant to subdivision (e) of
section Section 2770.
(2) Within 15 ___ days of receiving
a financial assurance mechanism pursuant to this subdivision, the
lead agency and the director shall review the financial assurance
mechanism to determine if the type of mechanism, including the
release instructions, meets the requirements of this chapter.
(3) A financial assurance mechanism utilizing any of the forms
provided as Appendix D, Appendix E-1, Appendix E-2, Appendix E-3, and
Appendix F to the guidelines adopted by the board pursuant to
subdivision (f) of section 2773.1 shall be deemed to meet the
requirements of this chapter. A financial assurance mechanism
considered by the lead agency or
the director to not meet the requirements of this chapter
shall be returned to the operator with correction instructions as to
the type and release language of the financial assurance mechanism.
SEC. 10. 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 and financial assurances and the
issuance of a permit to conduct surface mining operations, 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,
to ensure that the ordinances continue to be in accordance with state
policy.
(b) Surface mining operations shall be inspected annually, solely
to determine whether the surface mining operation is in compliance
with its reclamation plan as described in subdivision (c) of
Section 2772. this chapter. The lead agency
shall cause an inspection to be conducted by a state
licensed state-licensed geologist,
state licensed state-licensed civil engineer,
state licensed state-licensed landscape
architect, state licensed state-licensed
forester, or a lead agency employee who is experienced in land
reclamation and who has not been employed by the surface mining
operation being inspected in any capacity during the previous 12
months, except that a lead agency employee may inspect surface mining
operations conducted by another department within the local agency.
All inspections shall be conducted using a form developed by the
department and approved by the board that includes 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 lead agency shall provide a
notice of completion of inspection to the director within 90 days of
conducting the inspection. The notice shall contain a statement
regarding the surface mining operation's compliance with its approved
reclamation plan, as described in subdivision (c) of
Section 2772, this chapter, a copy of the
completed inspection form, and which aspects of the surface mining
operations, if any, are inconsistent with its approved reclamation
plan, as described in subdivision (c) of Section 2772,
this chapter, and any corrective measures
recommended by the inspector. 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 lead agency 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, civil engineer,
landscape architect, forester, or lead agency employee who conducted
the inspection.
(c) If an operator does not request an inspection date on the
annual report filed pursuant to Section 2207 or if the lead agency is
unable to cause the inspection of a given surface mining operation
on the date requested by the operator, the lead agency shall provide
the operator with a minimum of five days' written notice of a pending
inspection or a lesser time period if agreed to by the operator.
(d) (1) No later than April 1 of each year, the director shall
provide each lead agency with a notice listing each active or idle
surface mining operation within the lead agency's jurisdiction. For
each surface mining operation, the director shall request and the
lead agency shall provide to the director, on a form provided by the
director, no later than July 1 of each year the following
information:
(A) A copy of any permit or reclamation plan amendments, as
applicable.
(B) A statement that there have been no changes during the
previous year, as applicable.
(C) The date of each surface mining operation's last inspection.
(D) The date of each surface mining operation's last financial
assurance review pursuant to Section 2773.1 for each operation
listed.
(2) The director shall request similar information on any new or
omitted operations, to be provided to the director no later than July
1 of each year.
(e) (1) After January 1, 2018, a lead agency employee who is not a
state-licensed geologist, state-licensed civil engineer,
state-licensed landscape architect, or a state-license
state-licensed forester and who inspects surface
mining operations under this chapter shall have completed an
inspection workshop or an update workshop provided by the director.
The director shall provide an adequate transition time period for
lead agency inspectors to complete the update workshop if it becomes
necessary.
(2) Nothing in this subdivision shall be construed to affect or
impose qualifications or standards on employees designated by a
local, state, or federal agency to perform inspections of real
property under separate provisions of local, state, or federal law,
including, but not limited to, the Porter-Cologne Water Quality
Control Act (Division 7 (commencing with Section 13000) of the Water
Code), the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and
the Fish and Game Code, notwithstanding the fact that that
informational addenda are submitted to lead agencies pursuant to this
chapter in addition to reclamation plans, including materials
submitted pursuant to subdivision (d) of Section 2772.
SEC. 11. Section 2774.2 of the Public Resources Code is amended to
read:
2774.2. (a) Within 30 days of the issuance of an order setting
administrative penalties under subdivision (c) of Section 2774.1, the
operator may petition that the
legislative body of the lead agency, if the lead agency has issued
the order, or the board for orders issued by the director, for review
of the order. If the operator does not petition for review within
the time limits set by this subdivision, the order setting
administrative penalties shall not be subject to review by any court
or agency.
(b) The legislative body of the lead agency or the board shall
notify the operator by personal service or certified mail whether it
will review the order setting administrative penalties. In reviewing
an order pursuant to this section, the record shall consist of the
record before the lead agency or the director and any other relevant
evidence which, in the judgment of the legislative body or the board,
should be considered to effectuate and implement the policies of
this chapter.
(c) The legislative body or the board may affirm, modify, or set
aside, in whole or in part, by its own order an order of the lead
agency or the director setting administrative penalties reviewed by
the legislative body or the board pursuant to this section.
(d) An order of the legislative body or the board issued under
subdivision (c) shall become effective upon its issuance unless the
operator petitions the superior court for review as provided in
subdivision (e). An order shall be served by personal service or by
certified mail upon the operator. Payment of an administrative
penalty that is specified in an order issued pursuant to subdivision
(c) shall be made to the lead agency or the director within 30 days
of service of the order. However, the payment shall be held in an
interest bearing impound account pending the resolution of a petition
for review filed pursuant to subdivision (e).
(e) An operator aggrieved by an order of the legislative body or
the board issued pursuant to subdivision (c) may obtain review of the
order by filing in the superior court a petition for writ of mandate
within 30 days following the issuance of the order. An operator
aggrieved by an order of a lead agency or the director setting
administrative penalties pursuant to subdivision (c) of Section
2774.1, for which the legislative body or board denies review, may
obtain review of the order in the superior court by filing in the
court a petition for writ of mandate within 30 days following the
denial of review. The provisions of Section 1094.5 of the Code of
Civil Procedure shall govern judicial proceedings pursuant to this
subdivision, except that in every case the court shall exercise its
independent judgment. If the operator does not petition for a writ of
mandate within the time limits set by this subdivision, an order of
the board or the legislative body shall not be subject to review by
any court or agency.
(f) (1) After the expiration of the time to petition for review
pursuant to subdivision (a) or (e), the director or the board acting
as the lead agency may apply to the small claims court or the
superior court, depending on the jurisdictional amount, in the county
where the administrative penalty was imposed for a judgment to
collect the unpaid administrative penalty imposed pursuant to
subdivision (c) of Section 2774.1. The application shall include all
of the following:
(A) The order setting the administrative penalty pursuant to
subdivision (c) of Section 2774.1.
(B) A notice to the operator of the right to petition for review
of the order.
(C) Either of the following:
(i) A declaration from the board that no petition was made or that
the board declined to review the petition.
(ii) A copy of the final order of the board.
(2) An application submitted pursuant to this subdivision shall
constitute a sufficient showing to warrant the issuance of the
judgment. The court clerk shall enter the judgment immediately in
conformity with the application.
(3) The judgment entered pursuant to this subdivision shall have
the same force and effect as, and shall be subject to all the
provisions of law relating to, a judgment in a civil action and may
be enforced in the same manner as any other judgment of the court.
The court shall make enforcement of the judgment a priority.
SEC. 12. 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.