SB 1133: Cache Creek Resource Management Plan.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-08-29
(1)The Surface Mining and Reclamation Act of 1975 governs surface mining operations and reclamation of mined lands and provides, among other things, for the submission of reclamation plans to, and issuance of permits by, lead agencies with respect to surface mining operations. Until December 31, 2017, a site specific plan in conjunction and consistent with the Cache Creek Resource Management Plan is to be considered a functional equivalent of a reclamation plan for purposes of the act. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented is required, until December 31, 2017, to prepare and forward to the Director of Conservation annually a report containing specified information relating to mining operations.
This bill would delete the repeal date for these provisions, thereby extending the operation of these provisions indefinitely. By extending the duties of the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented, the bill would impose a state-mandated local program.
The bill would require the board of supervisors of that county to include the quantity of materials produced in an annual report and would exempt the board from the payment of annual reporting fees. The bill would make a surface mining operator, acting under the authority of the management plan, responsible for payment of annual fees associated with the quantity of materials produced and require the operator to include the quantity of materials produced in the operators annual report to the director. The bill would also require the release of required financial assurances to comply with specified regulatory provisions and incorporate certain cross-reference changes made by Chapter 7 of the Statutes of 2016.
(2)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.
(1)The Surface Mining and Reclamation Act of 1975 governs surface mining operations and reclamation of mined lands and provides, among other things, for the submission of reclamation plans to, and issuance of permits by, lead agencies with respect to surface mining operations. Until December 31, 2017, a site specific plan in conjunction and consistent with the Cache Creek Resource Management Plan is to be considered a functional equivalent of a reclamation plan for purposes of the act. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented is required, until December 31, 2017, to prepare and forward to the Director of Conservation annually a report containing specified information relating to mining operations.
This bill would delete the repeal date for these provisions, thereby extending the operation of these provisions indefinitely. By extending the duties of the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented, the bill would impose a state-mandated local program.
The bill would require the board of supervisors of that county to include the quantity of materials produced in an annual report and would exempt the board from the payment of annual reporting fees. The bill would make a surface mining operator, acting under the authority of the management plan, responsible for payment of annual fees associated with the quantity of materials produced and require the operator to include the quantity of materials produced in the operators annual report to the director. The bill would also require the release of required financial assurances to comply with specified regulatory provisions and incorporate certain cross-reference changes made by Chapter 7 of the Statutes of 2016.
(2)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.
(1)The Surface Mining and Reclamation Act of 1975 governs surface mining operations and reclamation of mined lands and provides, among other things, for the submission of reclamation plans to, and issuance of permits by, lead agencies with respect to surface mining operations. Until December 31, 2017, a site specific plan in conjunction and consistent with the Cache Creek Resource Management Plan is to be considered a functional equivalent of a reclamation plan for purposes of the act. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented is required, until December 31, 2017, to prepare and forward to the Director of Conservation annually a report containing specified information relating to mining operations.
This bill would delete the repeal date for these provisions, thereby extending the operation of these provisions indefinitely. By extending the duties of the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented, the bill would impose a state-mandated local program.
The bill would require the board of supervisors of that county to include the quantity of materials produced in an annual report and would exempt the board of supervisors from the payment of annual reporting fees and fees. The bill would make a surface mining operator, acting under the authority of the management plan, responsible for payment of annual fees associated with the operators sale of produced materials. the quantity of materials produced and require the operator to include the quantity of materials produced in the operators annual report to the director. The bill would also require the release of required financial assurances to comply with specified regulatory provisions and incorporate certain cross-reference changes made by Chapter 7 of the Statutes of 2016.
(2)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.
(1)The Surface Mining and Reclamation Act of 1975 governs surface mining operations and reclamation of mined lands and provides, among other things, for the submission of reclamation plans to, and issuance of permits by, lead agencies with respect to surface mining operations. Until December 31, 2017, a site specific plan in conjunction and consistent with the Cache Creek Resource Management Plan is to be considered a functional equivalent of a reclamation plan for purposes of the act. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented is required, until December 31, 2017, to prepare and forward to the Director of Conservation annually a report containing specified information relating to mining operations.
This bill would delete the repeal date for these provisions, thereby extending the operation of these provisions indefinitely. By extending the duties of the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented, the bill would impose a state-mandated local program.
The bill would exempt the board of supervisors from the payment of annual reporting fees and make a surface mining operator, acting under the authority of the management plan, responsible for payment of annual fees associated with the operators sale of produced materials. The bill would also require the release of required financial assurances to comply with specified regulatory provisions and incorporate certain cross-reference changes made by Chapter 7 of the Statutes of 2016.
(2)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.
(1)The Surface Mining and Reclamation Act of 1975 governs surface mining operations and reclamation of mined lands and provides, among other things, for the submission of reclamation plans to, and issuance of permits by, lead agencies with respect to surface mining operations. Until December 31, 2017, a site specific plan in conjunction and consistent with the Cache Creek Resource Management Plan is to be considered a functional equivalent of a reclamation plan for purposes of the act. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented is required, until December 31, 2017, to prepare and forward to the Director of Conservation annually a report containing specified information relating to mining operations.
This bill would delete the repeal date for these provisions, thereby extending the operation of these provisions indefinitely. By extending the duties of the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented, the bill would impose a state-mandated local program.
(2)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.
(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, 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 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 an annual report required to be prepared pursuant to Section 2207, indicating the quantity of minerals produced. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall be exempt from the payment of annual reporting fees imposed pursuant to paragraph (1) of subdivision (d) of Section 2207. A surface mining operator, acting under the authority of the Cache Creek Resource Management Plan, shall include in the operators annual report required pursuant to Section 2207 the quantity of materials produced and shall be responsible for payment of annual fees associated with the quantity of minerals produced.
(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. Release of financial assurances shall comply with Section 2773.1 and the provisions of Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
(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, 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 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 an annual report required to be prepared pursuant to Section 2207, indicating the quantity of minerals produced. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall be exempt from the payment of annual reporting fees imposed pursuant to paragraph (1) of subdivision (d) of Section 2207. A surface mining operator, acting under the authority of the Cache Creek Resource Management Plan, shall include in the operators annual report required pursuant to Section 2207 the quantity of materials produced and shall be responsible for payment of annual fees associated with the quantity of minerals produced.
(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. Release of financial assurances shall comply with Section 2773.1 and the provisions of Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
(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, 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 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 an annual report required to be prepared pursuant to Section 2207, indicating the quantity of minerals produced. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall be exempt from the payment of annual reporting fees imposed pursuant to paragraph (1) of subdivision (d) of Section 2207. A surface mining operator, acting under the authority of the Cache Creek Resource Management Plan, shall be responsible for payment of annual fees associated with sales by the operator of produced materials. include in the operators annual report required pursuant to Section 2207 the quantity of materials produced and shall be responsible for payment of annual fees associated with the quantity of minerals produced.
(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. Release of financial assurances shall comply with Section 2773.1 and the provisions of Article 9 11 (commencing with Section 3700) 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
Amended DatePage 1.(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, 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 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. 2207, indicating the quantity of minerals produced. The board of supervisors shall be exempt from the payment of annual reporting fees imposed pursuant to paragraph (1) of subdivision (d) of Section 2207. A surface mining operator, acting under the authority of the Cache Creek Resource Management Plan, shall be responsible for payment of annual fees associated with sales by the operator of produced materials.
(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 2774. 2772.1 or 2773.4, as applicable. Notwithstanding the number of days authorized by paragraph (1) of subdivision (d) of Section 2774, 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. Release of financial assurances shall comply with the provisions 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.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
(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, 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 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)Site For purposes of this section, site specific plan, for the purposes of this section, 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, at a minimum, include 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 2774. Notwithstanding the number of days authorized by paragraph (1) of subdivision (d) of Section 2774, 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. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
|
Date
|
Status
|
|---|---|
| Jun 16, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 13). |
| Aug 29, 2016 | Chaptered by Secretary of State. Chapter 235, Statutes of 2016. |
| Aug 29, 2016 | Approved by the Governor. |
| Aug 16, 2016 | Enrolled and presented to the Governor at 11:30 a.m. |
| Aug 11, 2016 | Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4881.) Ordered to engrossing and enrolling. |
| Aug 11, 2016 | Assembly amendments concurred in. (Ayes 36. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 10, 2016 | Ordered to special consent calendar. |
| Aug 4, 2016 | Read third time. Passed. (Ayes 77. Noes 0. Page 5719.) Ordered to the Senate. |
| Aug 4, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 4, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Jun 30, 2016 | Read second time. Ordered to consent calendar. |
| Jun 29, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 18. Noes 0.) (June 29). |
| Jun 21, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 21, 2016 | (Corrected June 21). |
| Feb 18, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 26, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. |
| May 5, 2016 | Referred to Com. on NAT. RES. |
| Apr 14, 2016 | Read third time. Passed. (Ayes 38. Noes 0.) Ordered to the Assembly. |
| Apr 14, 2016 | Read third time. Passed. (Ayes 38. Noes 0. Page 3549.) Ordered to the Assembly. |
| Apr 14, 2016 | In Assembly. Read first time. Held at Desk. |
| Apr 12, 2016 | Read second time. Ordered to consent calendar. |
| Apr 11, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Apr 1, 2016 | Set for hearing April 11. |
| Mar 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (March 29). Re-referred to Com. on APPR. |
| Mar 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 3313.) (March 29). Re-referred to Com. on APPR. |
| Mar 10, 2016 | Set for hearing March 29. |
| Mar 3, 2016 | Referred to Com. on N.R. & W. |
| Feb 19, 2016 | From printer. May be acted upon on or after March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 11, 2016 | Special Consent SB1133 Wolk Concurrence | Senate Floor |
Passed |
|
| Aug 4, 2016 | SB 1133 Wolk Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 29, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 13, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
|
| Apr 14, 2016 | Consent Calendar 2nd SB1133 Wolk | Senate Floor |
Passed |
|
| Mar 29, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Cache Creek Conservancy | ** Support | Jun 13, 2016 |
| California Construction And Industrial Materials Association | ** Support | Jun 13, 2016 |
| California Construction Industry Materials Association | ** Support | Jun 13, 2016 |
| County of Yolo | ** Support | Jun 13, 2016 |
| Granite Construction Company | ** Support | Jun 13, 2016 |
| Granite Construction Inc. | ** Support | Jun 13, 2016 |
| Yolo County Board of Supervisors | ** Support | Jun 13, 2016 |
| Yolo County Flood Control and Water Conservation District | ** Support | Jun 13, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1133
:
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 3/29/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 38-0, 4/14/16 (Consent)
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: McGuire, Runner
ASSEMBLY FLOOR: 77-0, 8/4/16 (Consent) - See last page for vote
DIGEST: This bill eliminates the sunset date, but retains the annual reporting requirement and other provisions required by the State Mining and Reclamation Act (SMARA), which allows the Cache Creek Resources Management Plan (CCRMP) to serve as the functional equivalent of a reclamation plan for the removal of sand and gravel necessary for restoration projects or channel maintenance activities in Lower Cache Creek.
Assembly Amendments require annual reporting on the quantity of minerals removed, exempt the board of supervisors from mining fees, and shift fees to the mine operators.
Existing law:
- Contains, in SMARA, the provisions for surface mining in California and generally requires permits for the commercial removal of sand and gravel (and other minerals), a reclamation plan, financial assurances, annual reporting, inspections, and other regulatory provisions.
- Authorizes Yolo County, through a local ordinance and site specific project plans, to substitute for the reclamation planning provisions in SMARA. The local ordinance is subject to the approval of the State Mining and Geology Board. Other provisions of SMARA remain in effect and an annual report is required.
- Provides a sunset date of December 31, 2017. This sunset has been extended three times previously, most recently in 2011 by SB 133 (Wolk, Chapter 145).
This bill:
- Eliminates the sunset date which allows the CCRMP to serve as the functional equivalent of a reclamation plan for the extraction necessary for restoration projects or channel maintenance activities in Lower Cache Creek.
- Retains the annual reporting requirement.
- Requires mine operators to report annually on the quantity of materials produced and pay any required annual fees.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee, any costs are minor and absorbable.
California Construction Industry Materials Association
County of Yolo
Granite Construction Company
Syar Industries
Yolo County Flood Control and Water Conservation District
None received
ARGUMENTS IN SUPPORT: According to the author and the other supporters, CCRMP was created through a comprehensive negotiation and planning process that satisfied industry, local government, and conservation interests and has worked well allowing Yolo County to undertake habitat enhancement, channel maintenance, and flood control projects in Lower Cache Creek.
ASSEMBLY FLOOR: 77-0, 8/4/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Chávez, Cooley, Roger Hernández
8/5/16 11:10:24
**** END ****
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1133
Author:(Wolk) – As Amended Ver:June 21, 2016
Policy Committee: | Natural Resources | Vote: | 9 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill allows the Cache Creek Resources Management Plan (CCRMP) to serve indefinitely as the functional equivalent of a mining reclamation plan by eliminating the sunset date of December 31, 2017, on the authorizing provisions. Specifically, this bill:
- Eliminates the sunset date, but retains the annual reporting and other requirements under the Surface Mining and Reclamation Act (SMARA) to allow the CCRMP to serve as the functional equivalent of a reclamation plan for the non-commercial extraction necessary for restoration projects or channel maintenance activities in Lower Cache Creek.
- Exempts the Yolo Board of Supervisors from annual reporting fees and instead requires the surface mining operator acting under the authority of the CCRMP to pay the fees.
- Requires the release of financial assurances (used as mechanisms to ensure reclamation is completed properly) to comply with specific reclamation standards.
FISCAL EFFECT:
Minor, absorbable state costs.
COMMENTS:
- Purpose. According to the author, the CCRMP was created through a comprehensive negotiation and planning process that satisfied industry, local government, and conservation interests. The CCRMP allows Yolo County to undertake habitat enhancement, channel maintenance, and flood control projects in Lower Cache Creek.
- Background. In 1999, Yolo County sought and obtained authority for their local ordinance (subject to approval of the State Mining and Geology Board) and site specific project plans to replace the reclamation requirement in SMARA.
The resulting CCRMP eliminated in-stream commercial mining, specified locations appropriate for off-channel mining and floodwater capacity, and restricted in-stream mining to maintenance and restoration projects. This provision of law has been extended three times, most recently in 2011 by SB 133 (Wolk). Its current sunset date is December 31, 2017.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: June 13, 2016
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
SBPCA Bill Id:SB 1133
Author:(Wolk) – As Amended Ver:May 26, 2016
SENATE VOTE: 38-0
SUBJECT: Cache Creek Resource Management Plan
SUMMARY: Eliminates the sunset date of December 31, 2017 for allowing the Cache Creek Resources Management Plan (CCRMP), in conjunction with a site specific plan, to serve as the functional equivalent of a mining reclamation plan.
EXISTING LAW:
- Creates Surface Mining and Reclamation Act (SMARA), which prohibits a person from conducting surface mining operations unless the lead agency for the operation issues a surface mining permit and approves a reclamation plan and financial assurances for reclamation. Depending on the circumstances, a lead agency can be a city, county, the San Francisco Bay Conservation and Development Commission, or the California State Mining and Geology Board (Board). Reclamation plans and financial assurances must be submitted to the Director of the Department of Conservation (DOC) for review.
- Requires lead agencies to require financial assurances for each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation’s approved reclamation plan.
- Prohibits a financial assurance mechanism from being released without the consent of the lead agency and DOC.
- Establishes, until December 31, 2017, the CCRMP, in conjunction with a site specific plan deemed consistent by the lead agency with the CCRMP, which is considered the functional equivalent of a reclamation plan for the purposes of SMARA.
THIS BILL:
- Permanently authorizes the CCRMP, in conjunction with a site specific plan, to serve as the functional equivalent of a mining reclamation plan.
- Exempts the Board of Supervisors from the payment of annual reporting fees and instead requires a surface mining operator acting under the authority of CCRMP to be responsible for payment of annual fees.
- Specifies the release of financial assurances comply with specified regulations dealing with reclamation standards.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
- Background. Cache Creek is a tributary of the Sacramento River that flows primarily through agricultural lands in Yolo County. Due to its high quality aggregate and proximity to the markets, Cache Creek has been a major focus of gravel and aggregate miners since the highway boom of the 1950's. In-stream mining has created a significant sediment deficit in the tributary, removing more aggregate than has been annually deposited. Although not the only cause, this deficit has contributed to the lowering of the streambed, which has in turn increased scour and flow velocity, resulting in a generally imbalanced creek system.
Concerned over the noticeable degradation of Cache Creek, Yolo County began to turn its attention towards taking better care of the natural resource. In 1994, after 20 years of various advisory committees, studies, and draft plans, the Yolo County Board of Supervisors adopted a framework of goals and objectives for the CCRMP focusing on seven elements covering agriculture, aggregate resources, riparian and wildlife resources, water resources, floodway and channel stability, open space and recreation, and the cultural landscape of the Cache Creek area. The CCRMP is based on the key assumption that Cache Creek must be viewed as a total system, as opposed to a singular focus on the issue of mining. The actual plan itself was adopted by Yolo County in 1996 and revised in 2002.
The CCRMP has been successful in shifting commercial mining activities to off-channel mining while developing an integrated approach to maintain sufficient capacity in the creek to convey flood waters which is supported, to a certain extent, by the private firms that conduct off-stream mining.
- Yolo County. According to the County:
Yolo County has a local ordinance governing non-commercial in-channel mining and, as required by the Public Resources Code, this ordinance has been approved by the State Mining and Geology Board and deemed consistent with state policy. By removing the sunset date and thus continuing to allow the CCRMP to fulfill the reclamation plan requirements of SMARA, SB 1133 will allow Yolo County to undertake vital habitat enhancement, channel maintenance, and flood control projects in Lower Cache Creek in a streamlined and timely manner.
- Amendments. The author and committee may wish to consider adopting technical amendments to clarify which county is exempt from annual fees and correct a cross reference.
- Prior legislation. SB 113 (Wolk), Chapter 145, Statutes of 2011, extended the sunset provision for the Cache Creek Resource Management Plan until December 2017.
REGISTERED SUPPORT / OPPOSITION:
Support
Cache Creek Conservancy
California Construction and Industrial Materials Association
Granite Construction
Syar Industries
Yolo County Board of Supervisors
Yolo County Flood Control and Water Conservation District
Opposition
None on file
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
CONSENT
Bill No: SB 1133
:
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 3/29/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill eliminates the sunset date (but retains the annual reporting requirement and other provisions required by the Surface Mining and Reclamation Act) which allows the Cache Creek Resources Management Plan (CCRMP) to serve as the functional equivalent of a reclamation plan for the non-commercial extraction necessary for restoration projects or channel maintenance activities in Lower Cache Creek.
ANALYSIS: Existing law, the Surface Mining and Reclamation Act of 1975 (SMARA), governs surface mining operations and reclamation of mined lands. In 1999, Yolo County sought and obtained authority that a local ordinance (subject to approval of the State Mining and Geology Board) and site specific project plans would replace the provision in the state surface mining law (SMARA) for a reclamation plan. This provision is codified in Section 2715.5 of the Public Resources Code.
The resulting CCRMP eliminated previously vested in-stream commercial mining, specified locations for off-channel mining adequate to create a channel that had sufficient capacity for floodwater management, and restricted in-stream mining to maintenance and restoration projects. Other provisions of SMARA remain in effect. This provision of law has been extended three times, most recently in 2011 by SB 133 (Wolk, Chapter 145). Its current sunset date is December 31, 2017. Existing law also requires an annual report.
This bill removes the sunset date from the CCRMP while continuing the annual reporting requirement.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Construction Industry Materials Association
County of Yolo
Granite Construction Company
Syar Industries
Yolo County Flood Control and Water Conservation District
OPPOSITION: (Verified 4/11/16)
None received
ARGUMENTS IN SUPPORT: According to the author and the other supporters, CCRMP was created through a comprehensive negotiation and planning process that satisfied industry, local government, and conservation interests and has worked well allowing Yolo County to undertake habitat enhancement, channel maintenance, and flood control projects in Lower Cache Creek.
4/13/16 15:46:43
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SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 1133 Hearing Date: March 29, 2016
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Urgency: | Fiscal: | ||
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Subject: Cache Creek Resource Management Plan
BACKGROUND AND EXISTING LAW
In 1999, Yolo County sought and obtained authority that a local ordinance (subject to approval of the State Mining and Geology Board) and site specific project plans would replace the provision in the state surface mining law (SMARA) for a reclamation plan. This provision is codified in Section 2715.5 of the Public Resources Code.
The resulting Cache Creek Resources Management Plan (CCRMP) eliminated previously vested in-stream commercial mining, specified locations for off-channel mining adequate to create a channel that had sufficient capacity for floodwater management, and restricted in-stream mining to maintenance and restoration projects. Other provisions of SMARA remain in effect. This provision of law has been extended three times, most recently in 2011 by SB 133 (Wolk). Its current sunset date is December 31, 2017.
An annual report is required.
PROPOSED LAW
This bill eliminates the sunset date (but retains the annual reporting requirement and other provisions required by SMARA) which allows the CCRMP to serve as the functional equivalent of a reclamation plan for the non-commercial extraction necessary for restoration projects or channel maintenance activities in Lower Cache Creek.
ARGUMENTS IN SUPPORT
According to the author and the other supporters, CCRMP was created through a comprehensive negotiation and planning process that satisfied industry, local government, and conservation interests and has worked well allowing Yolo County to undertake habitat enhancement, channel maintenance, and flood control projects in Lower Cache Creek.
ARGUMENTS IN OPPOSITION
None received
SUPPORT
California Construction Industry Materials Association
County of Yolo
Granite Construction Company
Syar Industries
Yolo County Flood Control and Water Conservation District
OPPOSITION
None Received
Discussed in Hearing
4MIN
