SB 1270

Bill Subjects

Abstract

(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 require the board to nominate at least 2 individuals for appointment as the State Geologist and would make the State Geologist responsible for the management of the California Geological Survey. The bill would also designate the Office of Mine Reclamation as the Division of Mines, would require the board to nominate at least 2 individuals to serve as, and the director 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 or 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, among other changes, that the report be submitted to the State Mine Inspector and the lead agency. 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. (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, a permit, as defined, is obtained from, 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 prohibit a person from conducting surface mining operations, unless, in addition to the above, any required amendments to the reclamation plan are approved, and financial assurances are approved and adjusted annually, as provided. The bill would make the lead agency or, in certain circumstances, the State Mine Inspector responsible for reviewing and approving financial assurances in surface mining operations and would require the lead agency or the State Mine Inspector to take specified actions in seeking forfeiture of those financial assurances. The bill would also provide an appeals process for the State Mine Inspector's 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 civil engineer and to include a schedule with time limits for completing reclamation, as specified. The bill would require the lead agency or the State Mine Inspector 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. For purposes of the act, the bill would also revise the definition of permit. (4) Existing law requires the lead agency to conduct an inspection of a surface mining operation within 6 months of receipt by the lead agency of the annual report described in paragraph (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 also require the State Mine Inspector, in certain circumstances, to conduct an inspection of those operations within 6 months of receipt of the report by the State Mine Inspector and to provide notice of the inspection to the lead agency. 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 the time to comply. The bill would require the State Mine Inspector, on and after January 1, 2018, and on an ongoing basis after that date, to offer continuing education opportunities to lead agency employees that qualifies those employees to be credentialed to inspect mines. (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 require the board, in those circumstances, to assign those powers and duties to the State Mine Inspector. The bill would also authorize a lead agency to unilaterally and voluntarily relinquish its responsibilities under the act and would require the State Mine Inspector to assume those responsibilities. The bill would 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 to 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, which would also be required to cover the board's costs, as provided, on each mining operation not be less than $1,000 or more than an unspecified amount and would require the fee to be based on a cost per acre as determined by the board. The bill would 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. (7) 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.