Chad Mayes
- Independent
Author
(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. The act exempts certain activities from the provisions of the act, including, among others, emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board for the specified purposes; surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control; and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Central Valley Flood Protection Board for the purpose of flood control. This bill would additionally exempt from the provisions of the act emergency excavations or grading conducted by the Metropolitan Water District of Southern California (MWD) for its own operations and infrastructure for specified purposes. This bill would authorize MWD to prepare a master reclamation plan, as provided, that identifies each individual surface mining operation in specified counties and satisfies all reclamation plan requirements for each individual surface mining site. The bill would require the State Mining and Geology Board to act as the lead agency for surface mining operations conducted by the MWD and would authorize the board to conduct an inspection of an individual surface mining operation once every 2 calendar years during a period when that individual surface mining operation is idle or the site has no mineral production. The bill would require MWD to be the lead agency for any environmental review of the master reclamation plan. The bill would exempt MWD from having to secure approval of a reclamation plan or obtain a use permit from any city or county under the act to conduct these operations. The bill would require MWD to provide an annual report to the board that separately subreports required information for each surface mining operation, would require MWD to pay a specified annual reporting fee, and would authorize the board, in its role as the lead agency, to collect reasonable inspection costs and to impose an administration fee on MWD in an amount not to exceed the board's reasonable costs in carrying out its duties. To the extent this bill adds to the duties of local governments acting as a lead agency for environmental review of the master reclamation plan, the bill would impose a state-mandated local program. The bill would repeal the provisions authorizing the preparation and approval of the master reclamation plan for MWD on January 1, 2026. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Metropolitan Water District of Southern California. (3) 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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 166, Statutes of 2021.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2707.).
Assembly Rule 77 suspended. (Ayes 57. Noes 14. Page 2703.)
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2290.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 8).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1655.)
Read second time. Ordered to Consent Calendar.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 16. Noes 0.) (May 5).
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 26). Re-referred to Com. on APPR.
From committee: Do pass and re-refer to Com. on W.,P., & W. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 24). Re-referred to Com. on W.,P., & W.
Referred to Coms. on NAT. RES. and W.,P., & W.
From printer. May be heard in committee March 7.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB442 | HTML |
| 02/04/21 - Introduced | |
| 05/19/21 - Amended Assembly | |
| 07/12/21 - Amended Senate | |
| 08/16/21 - Amended Senate | |
| 09/07/21 - Enrolled | |
| 09/16/21 - Chaptered |
| Document | Format |
|---|---|
| 03/22/21- Assembly Natural Resources | |
| 04/22/21- Assembly Water, Parks and Wildlife | |
| 05/03/21- Assembly Appropriations | |
| 07/05/21- Senate Natural Resources and Water | |
| 08/25/21- Sen. Floor Analyses | |
| 09/01/21- ASSEMBLY FLOOR ANALYSIS |
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