Existing law authorizes the State Geologist to prepare a special collection of ores and minerals of California to be sent to or used at any worlds fair or exposition in order to display the mineral wealth of the State of California.

This bill would make a nonsubstantive change to this provision.

Date of Hearing: April 28, 2025

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Isaac G. Bryan, Chair

ABPCA Bill Id:AB 1425 (

Author:Arambula) – As Amended Ver:March 28, 2025

SUBJECT: San Joaquin River Parkway: pit dewatering

SUMMARY: Prohibits pit dewatering in areas with subsurface river flow or groundwater levels shallower than 50 feet below ground anywhere within the San Joaquin River Parkway.

EXISTING LAW: Pursuant to the Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resources Code (PRC) 2710-2796):

1. 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.
2. Requires the Board to impose an annual reporting fee for each active or idle mining operation.
3. Requires the Board to adopt regulations that establish state policy for the reclamation of mined lands in accordance with the intent of SMARA.
4. Requires lead agencies to require financial assurances of each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation’s approved reclamation plan.
5. Requires the financial assurance to remain in effect for the duration of the surface mining operation and until the reclamation is complete. Requires the amount of financial assurance to be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.
6. Requires lead agencies to conduct annual mine inspections to determine compliance with SMARA.

Pursuant to the California Environmental Quality Act (CEQA) (PRC 21000 et seq.):

1. Requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
2. Requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
3. Defines “project” as an activity that may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following:
   1. An activity directly undertaken by any public agency;
   2. An activity undertaken by a person that is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; and,
   3. An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
4. Requires a public review period for a draft EIR for no less than 30 days and requires the lead agency to consider comments it receives on a draft EIR, proposed negative declaration, or proposed mitigated negative declaration if those comments are received within the public review period.

THIS BILL:

1. Prohibits a person from conducting pit dewatering in areas with subsurface river flow or groundwater levels shallower than 50 feet below ground anywhere within the San Joaquin River Parkway, as defined in the “San Joaquin River Parkway Master Plan Update” from March 2018.
2. Defines “pit dewatering” means any water that is impounded or that collects in the pit and is pumped, drained, or otherwise removed from the pit through the efforts of the pit operator. This term also includes wet pit overflows caused solely by direct rainfall or ground water seepage.
3. Establishes this bill as an urgency because of the unique needs of the communities within and surrounding the San Joaquin River Parkway.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s statement:

AB 1425 reflects a commitment to responsible stewardship of our natural resources, aligning with the broader goal of preserving California's environmental heritage for future generations.

The San Joaquin River is a vital natural resource for our region, supporting diverse wildlife habitats and providing recreational opportunities for the community. Ensuring its protection is essential for the well-being of both the environment and local residents.​

Assembly Bill 1425 aims to safeguard the San Joaquin River by prohibiting pit dewatering in areas where groundwater levels are shallower than 50 feet below ground. This bill will address concerns about potential negative environmental impacts to the river and ensure the river is protected from harm.​

1. San Joaquin River Parkway. As the Master Plan describes it, the San Joaquin River Parkway is a planned 22-mile regional natural and recreation area primarily in the river’s floodplain extending from Friant Dam to Highway 99, encompassing portions of both Fresno and Madera Counties. The adopted and proposed updated San Joaquin River Parkway Master Plan envisions: a primary multi-use trail from Friant Dam to Highway 99 (22+/- river miles); contiguous and continuous wildlife habitat and movement corridors; a regional, multifaceted parkway experience for visitors, consisting of river access, low-impact recreation, and conservation education; and, functional regional conservation and restoration of habitat, the watershed, and ecosystems. The Parkway today includes public lands and improvements owned by the San Joaquin River Conservancy, City of Fresno, County of Fresno, State Lands Commission, California Department of Fish and Wildlife/Wildlife Conservation Board, and Fresno County Office of Education, and those owned by the nonprofit San Joaquin River Parkway & Conservation Trust.

By investing in conservation (more than 2,800 acres along the river) and providing green space to local communities, the parkway provides value to the community through educational opportunities, youth camps, recreation, and access to nature.

1. Mining in California. California has deposits of hundreds of different mineral commodities (such as gold, silver, tungsten, and boron) that have been mined over the state’s history. Small-scale mining was well established in Southern California under Spanish and Mexican rule, but the discovery of gold in 1848 at Sutter’s Mill near Coloma and the ensuing gold rush to the Sierra Nevada foothills in 1849 resulted in an enormous increase in mining activity in California. It was not until the 1970s that SMARA and the federal Surface Mining Control and Reclamation Act established comprehensive programs for the regulation of surface mining operations and the reclamation of mined lands.

Today, there are 3,350 mines in California, more than a 1,000 of which are active, to remove aggregate for building material, metals, and minerals. Mining operators are required under SMARA to develop and implement reclamation plans, which will return the mine to a condition where it can be used for another purpose after the mining operation is complete.

1. CEMEX. The CEMEX Rockfield Quarry site is northeast of Fresno. Mining first occurred at the Quarry Site in 1913 through the 1920’s. Mining and processing operations have been located on the site since 1924. Together, mining and processing operations have been continuous at the two sites for 106 years.

In December of 2019, CEMEX filed the Rockfield Modification Project application with Fresno County proposing to modify operations with a new operational plan. Because the area is depleted by alluvial mining (i.e. extracting gravel, crushed stone, sand and clay from stream bed deposits), CEMEX is seeking county approval to blast and drill a 600-foot deep pit^[1] into the San Joaquin River’s bedrock bottom 3 miles outside the Fresno city limits.

Last December, the Fresno County Public Works and Planning Department published the draft Environmental Impact Report (EIR) for CEMEX’s Rockfield Quarry Modification Project and issued a Notice of Intent to the public.

The comment period for the draft EIR closed mid-March and approximately 600 comments were received. The Planning Department is now responding to each of the comments as required by law.  The Planning Department maintains the right to seek modifications to the plan in response to the comments.  If the Planning Department approves the EIR, it must still go to the Fresno County Board of Supervisors for approval.

The U.S. Bureau of Reclamation (Reclamation) submitted comments concerning the impacts of the proposed project is located within the San Joaquin River Restoration Program (SJRRP) Restoration Area and has the potential to impact the Bureau of Reclamation’s successful implementation of the San Joaquin River Restoration Settlement and the San Joaquin River Restoration Settlement Act (Public Law 111-11). Reclamation is concerned that the analysis presented in the draft EIR has an antiquated understanding of San Joaquin River hydrology and understates the current and future connectivity between the river and the pit proposed by CEMEX (?).

1. This bill. AB 1425 bans pit dewatering in areas with subsurface river flow or groundwater levels shallower than 50 feet below ground anywhere within the San Joaquin River Parkway, as defined in the “San Joaquin River Parkway Master Plan Update” from March 2018.

Pit dewatering refers to the process of removing water from an excavation site or pit, which is essential in construction and mining. An open pit mine, gravel pit, or rock quarry are all mine excavations that may require dewatering. Dewatering a mine excavation is necessary to provide dry access to the valuable mineral or aggregate when the excavation extends below the water table. Active dewatering usually involves pumping groundwater from inside or outside of the excavation in order to lower the groundwater table in the vicinity of the excavation.

According to the research Effect of Open Pit Mine Dewatering and Cessation on a Semi-arid River Flows, open pit mining that extends below the groundwater table captures groundwater and can cause a very large change to groundwater relations and river flow losses, due to dewatering that continued long after mining ceased during times when river baseflow is most important due to the lack of mine dewatering discharge into the river.

As currently proposed, the adaptive management plan in the draft EIR states that if, upon additional assessment it is confirmed “that a decrease in groundwater levels greater than 15 percent is exclusively attributable to mine dewatering, then corrective measures would be implemented.” (4.10-109) Reclamation commented that the burden of proof is inappropriately placed in this circumstance, stating, “the applicant should bear the responsibility to prove that their project does not contribute to impacts above 15 percent and, to the extent impacts may be attributable to them, appropriate corrective measures should be implemented.” Reclamation expressed concern that the analysis of the proposed project provides limited data comparing the river stage and groundwater levels and does not evaluate the river at higher stages as are expected with continued implementation of the SJRRP.

1. Overriding CEQA. This bill circumvents the CEQA process for the proposed project before the review is complete, undercutting the value of that law.

CEQA is intended to inform government decision makers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage. The author acknowledges that CEQA is a powerful tool for protecting the environment, but worries its effectiveness hinges on appropriate implementation by responsible agencies. According to the author:

Today, the San Joaquin River, one of the state’s longest and most biologically diverse rivers is at risk due to an often unregulated process known as “pit dewatering.” Pit dewatering, which involves removing water that accumulates in open-pit mines, risks altering groundwater tables and increasing the chance of water contamination. A proposed use of land adjacent to the river involving pit dewatering recently triggered a CEQA review to provide a clear evaluation and to outline mitigation measure necessary to address the environmental impacts posed by the project.

Unfortunately, the published review failed to fully assess the hydrologic impacts of such operations near the San Joaquin River, including flood risk and groundwater-surface water interconnectivity. Public agencies, including the U.S. Bureau of Reclamation and the North Kings Groundwater Sustainability Agency, flagged several CEQA compliance failures, such as incomplete analysis of floodplain data and outdated hydrologic modeling.

It is clear that the lead agency would be unable to make a decision that truly protects the SJR and its surrounding communities.

The California Construction & Industrial Materials Association (CalCIMA) writes in opposition that:

This bill completely disregards the CEQA mitigation that was ordered upon the State when the San Joaquin River Parkway Master Plan Update was reviewed and approved. Mineral resources enhance our quality of life and infrastructure – they are, in fact, essential to our roads, bridges, housing, hospitals, clean drinking water, energy, and much more. As such, impacts on mineral resources are analyzed and mitigated within CEQA. The Parkway Master Plan includes such mineral resource mitigation policies to ensure respect for sand and gravel mining and provide for an orderly transition from working lands to conservation lands through the reclamation process. Indeed, the Master Plan includes revisions to the Draft EIR that further promote reclamation and protect conservation of those lands.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file

Opposition

Bizfed Central Valley
California Construction & Industrial Materials Association
California State Council of Laborers
Cemex INC.
International Union of Operating Engineers, Cal-Nevada Conference
State Building and Construction Trades Council

Analysis Prepared by: Paige Brokaw / NAT. RES. /

1. 45062-eir-7763-draft-project-description.pdf ↑