AB 982: Mining: The Surface Mining and Reclamation Act of 1975: mining operations status: idle reserve mine status.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-09-30
Current Status:
Passed
(2026-09-30: Chaptered by Secretary of State - Chapter 873, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill lets operators of currently idle construction‑aggregate mines apply for an “Idle Reserve Mine Status” that, if the state Division of Mine Reclamation and the local lead agency approve it, can extend the mine’s interim management plan by up to 10 years and is not treated as a CEQA (state environmental review) project. It also adds plain‑language definitions for active, idle, in‑the‑process‑of‑being‑reclaimed, and reserves; requires annual reporting and fees to include Idle Reserve status; requires yearly inspections of newly permitted, active, idle, Idle Reserve, and reclaiming mines; and treats reserve and production information submitted to the State Geologist as proprietary.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
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 requires, within 90 days of a surface mining operation becoming idle the operator to submit an interim management plan to the lead agency for review. Under existing law, the review and approval of an interim management plan is not a project for the purposes of the California Environmental Quality Act (CEQA). The act authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided.
This bill would, until January 1, 2033, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and comment on an application for Idle Reserve Mine Status to determine whether specified conditions are met. If the division concludes that all of the specified conditions are met and comments on the application for Idle Reserve Mine Status, and if the lead agency approves Idle Reserve Mine Status, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would authorize the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to, on or before December 31, 2028, compile and post on its internet website specified information. The bill would provide that the approval of Idle Reserve Mine Status is not a project for purposes of CEQA.
The act requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether a surface mining operation is in compliance with the act.
This bill would expressly include in the above-described inspection requirement surface mining operations that are active, idle, in Idle Reserve Mine Status, newly permitted, or in the process of being reclaimed. The bill would revise and recast the definition of idle and would define, for purposes of the act, active, in the process of being reclaimed, and reserves.
Existing law requires the owner or operator of a mining operation within the state to, among other things, annually report specified information to the Supervisor of Mine Reclamation, including the mining operations status as active, idle, reclaimed, or in the process of being reclaimed. Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on, and method for collecting that fee from, each active or idle mining operation.
This bill would add Idle Reserve Mine Status as a reportable status of a mining operation described above. The bill would require the board to instead impose the above-described annual reporting fee on each mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status, or in the process of being reclaimed.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 requires, within 90 days of a surface mining operation becoming idle the operator to submit an interim management plan to the lead agency for review. Under existing law, the review and approval of an interim management plan is not a project for the purposes of the California Environmental Quality Act (CEQA). The act authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided.
This bill would, until January 1, 2033, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and comment on an application for Idle Reserve Mine Status to determine whether specified conditions are met. If the division concludes that all of the specified conditions are met and comments on the application for Idle Reserve Mine Status, and if the lead agency approves Idle Reserve Mine Status, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would authorize the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to, on or before December 31, 2028, compile and post on its internet website specified information. The bill would provide that the approval of Idle Reserve Mine Status is not a project for purposes of CEQA.
The act requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether a surface mining operation is in compliance with the act.
This bill would expressly include in the above-described inspection requirement surface mining operations that are active, idle, in Idle Reserve Mine Status, newly permitted, or in the process of being reclaimed. The bill would revise and recast the definition of idle and would define, for purposes of the act, active, in the process of being reclaimed, and reserves.
Existing law requires the owner or operator of a mining operation within the state to, among other things, annually report specified information to the Supervisor of Mine Reclamation, including the mining operations status as active, idle, reclaimed, or in the process of being reclaimed. Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on, and method for collecting that fee from, each active or idle mining operation.
This bill would add Idle Reserve Mine Status as a reportable status of a mining operation described above. The bill would require the board to instead impose the above-described annual reporting fee on each mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status, or in the process of being reclaimed.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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.
Existing lawThe act requires, within 90 days of a surface mining operation becoming idle, as defined, idle the operator to submit an interim management plan to the lead agency for review. Existing law Under existing law, the review and approval of an interim management plan is not a project for the purposes of the California Environmental Quality Act (CEQA). The act authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided.
This bill would, until January 1, 2032, 2033, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and approve comment on an application for Idle Reserve Mine Status if specified conditions are met. If the division concludes that all of the specified conditions are met and approves comments on the application for Idle Reserve Mine Status, and if the lead agency concurs with the divisions review and other specified conditions are met, approves Idle Reserve Mine Status, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would require authorize the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to to, on or before December 31, 2028, compile and post on its internet website specified information. The bill would provide that the approval of Idle Reserve Mine Status is not a project for purposes of CEQA.
Existing lawThe act requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether surface mining operation is in compliance with the act.
TheThis bill would require the lead agency to also cause inspection of expressly include in the above-described requirement surface mining operations that are idle or active, idle, in Idle Reserve Mine Status. Status, newly permitted, or in the process of being reclaimed. The bill would revise and recast the definition of idle and would define, for purposes of the act, active, in the process of being reclaimed, and reserves.
Existing law requires the owner or operator of a mining operation within the state to, among other things, annually report specified information to the Supervisor of Mine Reclamation, including the mining operations status as active, idle, reclaimed, or in the process of being reclaimed. Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on, and method for collecting that fee from, each active or idle mining operation.
This bill would add Idle Reserve Mine Status as a reportable status of a mining operation described above. The bill would require the board to instead impose the above-described annual reporting fee on each mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status, or in the process of being reclaimed.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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.
Existing law requires, within 90 days of a surface mining operation becoming idle, as defined, the operator to submit an interim management plan to the lead agency for review. Existing law authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided.
This bill would, until January 1, 2036, 2032, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and approve an application for Idle Reserve Mine Status if specified conditions are met. If the division concludes that all of the specified conditions are met and approves the application for Idle Reserve Mine Status, and if the lead agency concurs with the divisions review and other specified conditions are met, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would require the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to compile and post on its internet website specified information.
Existing law requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether surface mining operation is in compliance with the act.
The bill would require the lead agency to also cause inspection of surface mining operations that are idle or in Idle Reserve Mine Status.
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.
Existing law requires, within 90 days of a surface mining operation becoming idle, as defined, the operator to submit an interim management plan to the lead agency for review. Existing law authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided.
This bill would would, until January 1, 2036, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the division Division of Mine Reclamation to review and approve an application for Idle Reserve Mine Status if specified conditions are met. If the division concludes that all of the specified conditions are met and approves the application for Idle Reserve Mine Status, and if the lead agency concurs with the divisions review and other specified conditions are met, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would require the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to compile and post on its internet website specified information.
Existing law requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether surface mining operation is in compliance with the act.
The bill would require the lead agency to also cause inspection of surface mining operations that are idle or in Idle Reserve Mine Status.
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.
Existing law requires, within 90 days of a surface mining operation becoming idle, as defined, the operator to submit an interim management plan to the lead agency for review. Existing law authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided.
This bill would authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the division to review and approve an application for Idle Reserve Mine Status if specified conditions are met. If the division concludes that all of the specified conditions are met and approves the application for Idle Reserve Mine Status, and if the lead agency concurs with the divisions review and other specified conditions are met, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided.
Existing law requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether surface mining operation is in compliance with the act.
The bill would require the lead agency to also cause inspection of surface mining operations that are idle or in Idle Reserve Mine Status.
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.
Existing law requires, within 90 days of a surface mining operation becoming idle, as defined, the operator to submit an interim management plan to the lead agency for review. Existing law authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided.
This bill would authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the division to review and approve an application for Idle Reserve Mine Status if specified conditions are met. If the division concludes that all of the specified conditions are met and approves the application for Idle Reserve Mine Status, and if the lead agency concurs with the divisions review and other specified conditions are met, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided.
Existing law requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether surface mining operation is in compliance with the act.
The bill would require the lead agency to also cause inspection of surface mining operations that are idle or in Idle Reserve Mine Status.
Existing law establishes the California Conservation Corps and requires that young people participating in the corps program generally be engaged in projects that, among other things, preserve, maintain, and enhance environmentally important lands and waters. Existing law authorizes the director of the corps, upon appropriation, to establish the Education and Employment Reentry Program within the corps and to enroll in the program formerly incarcerated individuals who successfully served on a California Conservation Camp program crew and were recommended for participation as a program member by the Director of Forestry and Fire Protection and the Secretary of the Department of Corrections and Rehabilitation.This bill would make nonsubstantive changes to legislative findings and declarations related to the Education and Employment Reentry Program.Existing law establishes the California Conservation Corps and requires that young people participating in the corps program generally be engaged in projects that, among other things, preserve, maintain, and enhance environmentally important lands and waters. Existing law authorizes the director of the corps, upon appropriation, to establish the Education and Employment Reentry Program within the corps and to enroll in the program formerly incarcerated individuals who successfully served on a California Conservation Camp program crew and were recommended for participation as a program member by the Director of Forestry and Fire Protection and the Secretary of the Department of Corrections and Rehabilitation.
This bill would make nonsubstantive changes to legislative findings and declarations related to the Education and Employment Reentry Program.
It is the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines, and to prevent indefinite delays in or avoidance of reclamation efforts.
SEC. 2.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 supervisor annually, not later than a date established by the supervisor, on forms approved by the board from time to time, a report that identifies 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, supervisor, or court.
(3)The location of the mining operation, its name, its mine number as issued by the Division of Mine Reclamation, 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 operations reclamation plan.
(6)The mining operations status as newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, 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, within 12 months of the prior inspection 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 assessors parcel number, and total assessed value of the mining operation.
(11)The approximate permitted size of the mining operation subject to the Surface Mining and Reclamation Act of 1975 (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 supervisor, the person submitting the report pursuant to subdivision (a) shall forward to the lead agency, on 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 assurance mechanisms in connection with the reclamation plan in order that the reclamation can be carried out by the entity or company in accordance with 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 (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 supervisor shall notify the person submitting the report and the owners designated agent in writing that the report and the fee required pursuant to subdivision (d) have been received, specify the mining operations mine number if one has not been issued by the Division 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 supervisor and the lead agency. A 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 mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, or in the process of being reclaimed. The maximum fee for any single mining operation shall not exceed ten thousand dollars ($10,000) annually and shall 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, except that the maximum fee for any single mining operation shall not exceed six thousand dollars ($6,000) in the 201718 fiscal year and eight thousand dollars ($8,000) in the 201819 fiscal year.
(2)(A)The board shall adopt, by regulation, a schedule of fees authorized under paragraph (1) to cover the departments cost in carrying out this section and the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), as reflected in the Governors proposed Budget, and may adopt those regulations as emergency regulations. In establishing the schedule of fees to be paid by each mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, or in the process of being reclaimed, 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 shall not exceed, and may be less than, the amount of eight million dollars ($8,000,000), 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 201718 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 into the Mine Reclamation Account, which is hereby created. Any fees, penalties, interest, fines, or charges collected by the supervisor or board pursuant to this chapter or the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)) shall be deposited into 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 the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), which includes, but is not limited to, the 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 into 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 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 before 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 operations anniversary month.
(e)The lead agency, or the board when acting as the lead agency, may impose a fee on each mining operation to cover the reasonable costs incurred in implementing this chapter and the Surface Mining and Reclamation Act of 1975 (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, and the extraction of minerals from geothermal brine, or any other brine, including, but not limited to, a mining operation colocated or co-operated with geothermal resource facilities. For 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 Section 7920.515 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, a production figure shall not 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. 3.Section 2716 of the Public Resources Code is amended to read:2716.(a)Any interested person may commence an action on their own behalf against the board, the lead agency, the State Geologist, the supervisor, or the director for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the board, the State Geologist, the supervisor, or the director to carry out any duty imposed upon them pursuant to this chapter.
(b)For purposes of this section, person means an individual, firm, association, corporation, organization, or partnership, or a city, county, district, or the state or any department or agency of the state.
SEC. 4.Section 2725.5 is added to the Public Resources Code, to read:2725.5.Active means surfacing mining operations occurred during the reporting year.
SEC. 5.Section 2727.1 of the Public Resources Code is amended to read:2727.1.Idle means formerly active, where surface mining operations did not occur during the reporting year, with the intent to resume the surface mining operation at a future date.
SEC. 6.Section 2727.2 is added to the Public Resources Code, to read:2727.2.In the process of being reclaimed means an operator of a surface mining operation ceased surface mining operations and is implementing the reclamation plan. Surface mining operations may only maintain the status of in the process of being reclaimed for the timeframe allowed in the approved reclamation plan or in accordance with permits, as applicable.
SEC. 7.Section 2733.1 is added to the Public Resources Code, to read:2733.1.Reserves means that part of the resource base that could be economically extracted or produced within the foreseeable future and refers to permitted or vested resources. The term reserves need not signify that extraction facilities are in place and operative.
SEC. 8.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 no 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 before January 1, 2017, 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)[Reserved]
(d)[Reserved]
(e)(1)A person who can substantiate, based on the evidence of the record, that a lead agency has either (A) failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4 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, or (B) failed to act within a reasonable time of receipt of a completed application may appeal that action or inaction to the board.
(2)The supervisor may appeal a lead agencys approval of a financial assurance cost estimate to the board if the supervisor has commented pursuant to Section 2773.4 that the financial assurance cost estimate is inadequate based on consideration of the following:
(A)Section 2773.1.
(B)Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
(C)The boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1.
(3)If the approved financial assurance cost estimate applies to a reclamation plan approved for a new surface mining operation, an expanded surface mining operation, or an interim financial assurance cost estimate due to an order to comply, stipulated or otherwise, the operator shall provide a financial assurance mechanism pursuant to subdivision (e) of Section 2773.4 in the amount of the approved financial assurance cost estimate, notwithstanding an appeal filed pursuant to this subdivision and subject to modification pending the outcome of the appeal.
(4)If the approved financial assurance cost estimate is an update to an existing approved financial assurance cost estimate, the existing financial assurance mechanism shall remain in place and shall not be adjusted until a final determination by the board on the appeal filed pursuant to this subdivision.
(f)(1)The board may decline to hear an appeal if it determines that the appeal does not raise substantial issues related to the lead agencys decision to deny the approval of a reclamation plan or financial assurance, or the timeliness in reviewing a completed application. Appeals filed by the supervisor shall be heard by the board.
(2)If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the boards receipt of a complete administrative record, or a longer period as may be mutually agreed to by the board, the appellant, and the operator, or, if the appeal is filed by the supervisor, by the board, the supervisor, and the operator.
(g)(1)(A)When hearing an appeal filed pursuant to paragraph (1) or (2) of subdivision (e), the board shall determine whether the reclamation plan or the financial assurance cost estimate substantially meets the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774. The board shall approve or uphold a reclamation plan or financial assurance cost estimate determined to meet those applicable requirements. In any event, financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed.
(B)For purposes of this subdivision, substantially means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter.
(2)(A)A reclamation plan determined not to meet the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 shall be returned to the operator with a notice of deficiencies. The operator shall be granted, once only, a period of 30 days or a longer period mutually agreed upon by the operator and the board to do both of the following:
(i)Correct the noted deficiencies.
(ii)Submit the revised reclamation plan to the lead agency for review and approval.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the boards determination.
(3)(A)If the board determines the lead agencys approved financial assurance cost estimate does not meet the requirements of Sections 2773.1 and 2773.4, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1, the board shall note the deficiencies and, based on the record, include adequate cost estimates for each noted deficiency.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the boards determination. The instructions shall include a reasonable submission deadline of not less than 30 days.
(C)The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate.
(D)A financial assurance mechanism shall be established by the operator pursuant to subdivision (e) of Section 2773.4 following the approval of the financial assurance cost estimate.
(E)The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the boards determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1.
(h)(1)Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. The review and approval of an interim management plan, or the approval of Idle Reserve Mine Status, 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 operations approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status 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.
(C)(i)A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the Division of Mine Reclamation to review and comment on an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
(I)(ia)The State Geologist determines the surface mining operation has an economically viable volume of reserves, as defined in Section 2733.1. A reserve not included in an approved reclamation plan or interim management plan shall not be considered in this determination.
(ib)Information related to reserves, production, or rate of depletion submitted by an applicant to the State Geologist to support the determination in sub-subclause (ia) shall be deemed proprietary information not to be disclosed to any member of the public.
(II)The surface mining operation is not located on federal public land.
(III)The Division of Mine Reclamation has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
(IV)The application pays actual costs associated with the Division of Mine Reclamations review in addition to the fees required pursuant to Section 2207.
(V)The approval of an application for Idle Reserve Mine Status by the lead agency does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.
(ii)If the Division of Mine Reclamation concludes that all of the conditions in subclauses (I) to (V), inclusive, of clause (i) are met and comments on an application for Idle Reserve Mine Status, and if the lead agency approves Idle Reserve Mine Status, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the timeframes in subparagraph (A).
(iii)If a surface mining operation has acted in good faith pursuant to clause (i) and a determination on its application for the approval of Idle Reserve Mine Status has not yet been made pursuant to clause (ii), the surface mining operations interim management plan may remain in effect until a determination has been made.
(iv)The board may adopt regulations to implement clauses (i) and (ii).
(v)On or before December 31, 2028, and annually thereafter, the Division of Mine Reclamation shall compile and post on its internet website all of the following information, as of the end of the preceding calendar year:
(I)The active surface mining operations by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(II)The idle surface mining operations by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(III)The newly permitted surface mining operations by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(IV)The surface mining operations in the process of being reclaimed by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(V)The Idle Reserve Mine Status by lead agency, including the length of time in Idle Reserve Mine Status and the status of the interim management plan and financial assurance for each surface mining operation, as reported in the annual report pursuant to Section 2207.
(VI)The number of surface mining operations approved for Idle Reserve Mine Status during that year.
(VII)The number of surface mining operations seeking Idle Reserve Mine Status during that year and the number of surface mining operations waiting to be processed for Idle Reserve Mine Status.
(VIII)The surface mining operations by lead agency that moved from idle or Idle Reserve Mine Status to another status and identification of that status, as reported in the annual report pursuant to Section 2207.
(vi)To the extent feasible, and to avoid duplicative effort, the Division of Mine Reclamation shall use the information provided to it pursuant to Section 2207 in compiling the information required pursuant to clause (v). The Division of Mine Reclamation may seek any additional information necessary from a lead agency.
(vii)A mine is considered in Idle Reserve Mine Status if it has an approved application pursuant to this subparagraph.
(viii)Clauses (i) to (vii), inclusive, shall become inoperative on January 1, 2033. As of that date, a surface mining operation with Idle Reserve Mine Status may retain that status for the remainder of the renewal period in which its interim management plan may remain in effect pursuant to clause (ii).
(3)The financial assurances required by Section 2773.1 shall remain in effect during the period that the surface mining operation is idle or in Idle Reserve Mine Status. If the surface mining operation is still idle or in Idle Reserve Mine Status after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.
(4)(A)Within 45 days of the receipt of the interim management plan, the lead agency shall review the interim management plan in accordance with its ordinance adopted pursuant to subdivision (a) of Section 2774, and if the interim management plan satisfies the requirements of this section, forward the plan to the supervisor for comment. Otherwise, the lead agency shall notify the operator in writing of any deficiencies in the interim management 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 interim management plan.
(B)The lead agency shall submit the interim management plan, including a revised interim management plan, to the supervisor for review and certify to the supervisor that the interim management plan is a complete submission and complies with all of the following requirements:
(i)The applicable requirements of this chapter.
(ii)Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable.
(iii)The lead agencys surface mining ordinance in effect at the time that the interim management plan is submitted to the supervisor for review, except if the board is the lead agency.
(C)After receipt of the certified complete interim management plan, the supervisor shall have 30 days to prepare written comments on the interim management plan, if the supervisor elects to do so.
(D)The lead agency shall review and evaluate written comments received from the supervisor relating to the interim management plan within a reasonable amount of time.
(E)The lead agency shall prepare a written response to the supervisors comments received pursuant to subparagraph (C) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor and the operator at least 30 days prior to the intended approval of the interim management plan. The lead agencys response shall include either of the following:
(i)A description of how the lead agency proposes to adopt the supervisors comments to the interim management plan.
(ii)A detailed description of the reasons why the lead agency proposes not to adopt the supervisors comments.
(F)Where the supervisor has commented, the lead agency shall give the supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the lead agency, or, if no hearing is required by this chapter, the local ordinance, or other law, the lead agency shall provide 30 days written notice to the supervisor that the lead agency intends to approve the interim management plan.
(G)Within 30 days following the approval of the interim management plan, the lead agency shall provide the supervisor notice of the approval and a copy of the approved interim management plan.
(5)The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisors comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the lead agency denies approval of the interim management plan, the operator may appeal that action to the lead agencys 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 agencys 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) 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).
(j)For purposes of this section, construction aggregate material means mineral materials capable of being used in construction that normally receive minimal processing, commonly washing and grading, and for which the ratio of transportation costs to the value of the processed material at the mine are typically not economically viable beyond 100 miles, including, but not limited to, sand, gravel, and crushed rock.
SEC. 9.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)(1)The lead agency shall cause surface mining operations, including surface mining operations that are active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, newly permitted, or in the process of being reclaimed, to be inspected in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. The lead agency shall cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee who has not been employed by the surface mining operation being inspected in any capacity during the previous 12 months, except that a qualified lead agency employee may inspect surface mining operations conducted by the local agency. All inspections shall be conducted using a form developed by the Division of Mine Reclamation 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 supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mining operations compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
(A)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor.
(B)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(C)A statement describing the lead agencys intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(D)A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the lead agency.
(2)If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) 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 qualified 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 December 31, 2017, the Division of Mine Reclamation shall establish a training program for all surface mine inspectors. The program shall be designed to include a guidance document, developed by the Division of Mine Reclamation, in consultation with the board and stakeholders, to provide instruction and recommendations to surface mine inspectors performing inspections pursuant to subdivision (b).
(2)The training program shall include inspection workshops offered by the Division of Mine Reclamation in different regions of the state to provide practical application of the guidance document material.
(3)On and after July 1, 2020, all inspectors shall have on file with the lead agency and the Division of Mine Reclamation a certificate of completion of an inspection workshop. An inspector shall attend a workshop no later than five years after the date of the inspectors most recent certificate.
(4)The adoption of the guidance document by the Division of Mine Reclamation pursuant to this subdivision shall be subject to 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).
SEC. 10.The Legislature finds and declares that Section 8 of this act, which amends Section 2770 of the Public Resources Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect confidential and proprietary information concerning the reserves, production, or rate of depletion of an identifiable mining operation, it is necessary to limit public access to that information.
It is the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines, and to prevent indefinite delays in or avoidance of reclamation efforts.
SEC. 2.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 supervisor annually, not later than a date established by the supervisor, on forms approved by the board from time to time, a report that identifies 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, supervisor, or court.
(3)The location of the mining operation, its name, its mine number as issued by the Division of Mine Reclamation, 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 operations reclamation plan.
(6)The mining operations status as newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, 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, within 12 months of the prior inspection 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 assessors parcel number, and total assessed value of the mining operation.
(11)The approximate permitted size of the mining operation subject to the Surface Mining and Reclamation Act of 1975 (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 supervisor, the person submitting the report pursuant to subdivision (a) shall forward to the lead agency, on 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 assurance mechanisms in connection with the reclamation plan in order that the reclamation can be carried out by the entity or company in accordance with 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 (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 supervisor shall notify the person submitting the report and the owners designated agent in writing that the report and the fee required pursuant to subdivision (d) have been received, specify the mining operations mine number if one has not been issued by the Division 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 supervisor and the lead agency. A 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 mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, or in the process of being reclaimed. The maximum fee for any single mining operation shall not exceed ten thousand dollars ($10,000) annually and shall 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, except that the maximum fee for any single mining operation shall not exceed six thousand dollars ($6,000) in the 201718 fiscal year and eight thousand dollars ($8,000) in the 201819 fiscal year.
(2)(A)The board shall adopt, by regulation, a schedule of fees authorized under paragraph (1) to cover the departments cost in carrying out this section and the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), as reflected in the Governors proposed Budget, and may adopt those regulations as emergency regulations. In establishing the schedule of fees to be paid by each mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, or in the process of being reclaimed, 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 shall not exceed, and may be less than, the amount of eight million dollars ($8,000,000), 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 201718 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 into the Mine Reclamation Account, which is hereby created. Any fees, penalties, interest, fines, or charges collected by the supervisor or board pursuant to this chapter or the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)) shall be deposited into 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 the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), which includes, but is not limited to, the 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 into 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 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 before 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 operations anniversary month.
(e)The lead agency, or the board when acting as the lead agency, may impose a fee on each mining operation to cover the reasonable costs incurred in implementing this chapter and the Surface Mining and Reclamation Act of 1975 (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, and the extraction of minerals from geothermal brine, or any other brine, including, but not limited to, a mining operation colocated or co-operated with geothermal resource facilities. For 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 Section 7920.515 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, a production figure shall not 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. 3.Section 2716 of the Public Resources Code is amended to read:2716.(a)Any interested person may commence an action on their own behalf against the board, the lead agency, the State Geologist, the supervisor, or the director for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the board, the State Geologist, the supervisor, or the director to carry out any duty imposed upon them pursuant to this chapter.
(b)For purposes of this section, person means an individual, firm, association, corporation, organization, or partnership, or a city, county, district, or the state or any department or agency of the state.
SEC. 4.Section 2725.5 is added to the Public Resources Code, to read:2725.5.Active means surfacing mining operations occurred during the reporting year.
SEC. 5.Section 2727.1 of the Public Resources Code is amended to read:2727.1.Idle means formerly active, where surface mining operations did not occur during the reporting year, with the intent to resume the surface mining operation at a future date.
SEC. 6.Section 2727.2 is added to the Public Resources Code, to read:2727.2.In the process of being reclaimed means an operator of a surface mining operation ceased surface mining operations and is implementing the reclamation plan. Surface mining operations may only maintain the status of in the process of being reclaimed for the timeframe allowed in the approved reclamation plan or in accordance with permits, as applicable.
SEC. 7.Section 2733.1 is added to the Public Resources Code, to read:2733.1.Reserves means that part of the resource base that could be economically extracted or produced within the foreseeable future and refers to permitted or vested resources. The term reserves need not signify that extraction facilities are in place and operative.
SEC. 8.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 no 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 before January 1, 2017, 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)[Reserved]
(d)[Reserved]
(e)(1)A person who can substantiate, based on the evidence of the record, that a lead agency has either (A) failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4 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, or (B) failed to act within a reasonable time of receipt of a completed application may appeal that action or inaction to the board.
(2)The supervisor may appeal a lead agencys approval of a financial assurance cost estimate to the board if the supervisor has commented pursuant to Section 2773.4 that the financial assurance cost estimate is inadequate based on consideration of the following:
(A)Section 2773.1.
(B)Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
(C)The boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1.
(3)If the approved financial assurance cost estimate applies to a reclamation plan approved for a new surface mining operation, an expanded surface mining operation, or an interim financial assurance cost estimate due to an order to comply, stipulated or otherwise, the operator shall provide a financial assurance mechanism pursuant to subdivision (e) of Section 2773.4 in the amount of the approved financial assurance cost estimate, notwithstanding an appeal filed pursuant to this subdivision and subject to modification pending the outcome of the appeal.
(4)If the approved financial assurance cost estimate is an update to an existing approved financial assurance cost estimate, the existing financial assurance mechanism shall remain in place and shall not be adjusted until a final determination by the board on the appeal filed pursuant to this subdivision.
(f)(1)The board may decline to hear an appeal if it determines that the appeal does not raise substantial issues related to the lead agencys decision to deny the approval of a reclamation plan or financial assurance, or the timeliness in reviewing a completed application. Appeals filed by the supervisor shall be heard by the board.
(2)If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the boards receipt of a complete administrative record, or a longer period as may be mutually agreed to by the board, the appellant, and the operator, or, if the appeal is filed by the supervisor, by the board, the supervisor, and the operator.
(g)(1)(A)When hearing an appeal filed pursuant to paragraph (1) or (2) of subdivision (e), the board shall determine whether the reclamation plan or the financial assurance cost estimate substantially meets the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774. The board shall approve or uphold a reclamation plan or financial assurance cost estimate determined to meet those applicable requirements. In any event, financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed.
(B)For purposes of this subdivision, substantially means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter.
(2)(A)A reclamation plan determined not to meet the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 shall be returned to the operator with a notice of deficiencies. The operator shall be granted, once only, a period of 30 days or a longer period mutually agreed upon by the operator and the board to do both of the following:
(i)Correct the noted deficiencies.
(ii)Submit the revised reclamation plan to the lead agency for review and approval.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the boards determination.
(3)(A)If the board determines the lead agencys approved financial assurance cost estimate does not meet the requirements of Sections 2773.1 and 2773.4, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1, the board shall note the deficiencies and, based on the record, include adequate cost estimates for each noted deficiency.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the boards determination. The instructions shall include a reasonable submission deadline of not less than 30 days.
(C)The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate.
(D)A financial assurance mechanism shall be established by the operator pursuant to subdivision (e) of Section 2773.4 following the approval of the financial assurance cost estimate.
(E)The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the boards determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1.
(h)(1)Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. The review and approval of an interim management plan, or the approval of Idle Reserve Mine Status, 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 operations approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status 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.
(C)(i)A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the Division of Mine Reclamation to review and comment on an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
(I)(ia)The State Geologist determines the surface mining operation has an economically viable volume of reserves, as defined in Section 2733.1. A reserve not included in an approved reclamation plan or interim management plan shall not be considered in this determination.
(ib)Information related to reserves, production, or rate of depletion submitted by an applicant to the State Geologist to support the determination in sub-subclause (ia) shall be deemed proprietary information not to be disclosed to any member of the public.
(II)The surface mining operation is not located on federal public land.
(III)The Division of Mine Reclamation has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
(IV)The application pays actual costs associated with the Division of Mine Reclamations review in addition to the fees required pursuant to Section 2207.
(V)The approval of an application for Idle Reserve Mine Status by the lead agency does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.
(ii)If the Division of Mine Reclamation concludes that all of the conditions in subclauses (I) to (V), inclusive, of clause (i) are met and comments on an application for Idle Reserve Mine Status, and if the lead agency approves Idle Reserve Mine Status, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the timeframes in subparagraph (A).
(iii)If a surface mining operation has acted in good faith pursuant to clause (i) and a determination on its application for the approval of Idle Reserve Mine Status has not yet been made pursuant to clause (ii), the surface mining operations interim management plan may remain in effect until a determination has been made.
(iv)The board may adopt regulations to implement clauses (i) and (ii).
(v)On or before December 31, 2028, and annually thereafter, the Division of Mine Reclamation shall compile and post on its internet website all of the following information, as of the end of the preceding calendar year:
(I)The active surface mining operations by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(II)The idle surface mining operations by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(III)The newly permitted surface mining operations by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(IV)The surface mining operations in the process of being reclaimed by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(V)The Idle Reserve Mine Status by lead agency, including the length of time in Idle Reserve Mine Status and the status of the interim management plan and financial assurance for each surface mining operation, as reported in the annual report pursuant to Section 2207.
(VI)The number of surface mining operations approved for Idle Reserve Mine Status during that year.
(VII)The number of surface mining operations seeking Idle Reserve Mine Status during that year and the number of surface mining operations waiting to be processed for Idle Reserve Mine Status.
(VIII)The surface mining operations by lead agency that moved from idle or Idle Reserve Mine Status to another status and identification of that status, as reported in the annual report pursuant to Section 2207.
(vi)To the extent feasible, and to avoid duplicative effort, the Division of Mine Reclamation shall use the information provided to it pursuant to Section 2207 in compiling the information required pursuant to clause (v). The Division of Mine Reclamation may seek any additional information necessary from a lead agency.
(vii)A mine is considered in Idle Reserve Mine Status if it has an approved application pursuant to this subparagraph.
(viii)Clauses (i) to (vii), inclusive, shall become inoperative on January 1, 2033. As of that date, a surface mining operation with Idle Reserve Mine Status may retain that status for the remainder of the renewal period in which its interim management plan may remain in effect pursuant to clause (ii).
(3)The financial assurances required by Section 2773.1 shall remain in effect during the period that the surface mining operation is idle or in Idle Reserve Mine Status. If the surface mining operation is still idle or in Idle Reserve Mine Status after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.
(4)(A)Within 45 days of the receipt of the interim management plan, the lead agency shall review the interim management plan in accordance with its ordinance adopted pursuant to subdivision (a) of Section 2774, and if the interim management plan satisfies the requirements of this section, forward the plan to the supervisor for comment. Otherwise, the lead agency shall notify the operator in writing of any deficiencies in the interim management 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 interim management plan.
(B)The lead agency shall submit the interim management plan, including a revised interim management plan, to the supervisor for review and certify to the supervisor that the interim management plan is a complete submission and complies with all of the following requirements:
(i)The applicable requirements of this chapter.
(ii)Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable.
(iii)The lead agencys surface mining ordinance in effect at the time that the interim management plan is submitted to the supervisor for review, except if the board is the lead agency.
(C)After receipt of the certified complete interim management plan, the supervisor shall have 30 days to prepare written comments on the interim management plan, if the supervisor elects to do so.
(D)The lead agency shall review and evaluate written comments received from the supervisor relating to the interim management plan within a reasonable amount of time.
(E)The lead agency shall prepare a written response to the supervisors comments received pursuant to subparagraph (C) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor and the operator at least 30 days prior to the intended approval of the interim management plan. The lead agencys response shall include either of the following:
(i)A description of how the lead agency proposes to adopt the supervisors comments to the interim management plan.
(ii)A detailed description of the reasons why the lead agency proposes not to adopt the supervisors comments.
(F)Where the supervisor has commented, the lead agency shall give the supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the lead agency, or, if no hearing is required by this chapter, the local ordinance, or other law, the lead agency shall provide 30 days written notice to the supervisor that the lead agency intends to approve the interim management plan.
(G)Within 30 days following the approval of the interim management plan, the lead agency shall provide the supervisor notice of the approval and a copy of the approved interim management plan.
(5)The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisors comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the lead agency denies approval of the interim management plan, the operator may appeal that action to the lead agencys 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 agencys 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) 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).
(j)For purposes of this section, construction aggregate material means mineral materials capable of being used in construction that normally receive minimal processing, commonly washing and grading, and for which the ratio of transportation costs to the value of the processed material at the mine are typically not economically viable beyond 100 miles, including, but not limited to, sand, gravel, and crushed rock.
SEC. 9.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)(1)The lead agency shall cause surface mining operations, including surface mining operations that are active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, newly permitted, or in the process of being reclaimed, to be inspected in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. The lead agency shall cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee who has not been employed by the surface mining operation being inspected in any capacity during the previous 12 months, except that a qualified lead agency employee may inspect surface mining operations conducted by the local agency. All inspections shall be conducted using a form developed by the Division of Mine Reclamation 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 supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mining operations compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
(A)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor.
(B)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(C)A statement describing the lead agencys intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(D)A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the lead agency.
(2)If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) 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 qualified 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 December 31, 2017, the Division of Mine Reclamation shall establish a training program for all surface mine inspectors. The program shall be designed to include a guidance document, developed by the Division of Mine Reclamation, in consultation with the board and stakeholders, to provide instruction and recommendations to surface mine inspectors performing inspections pursuant to subdivision (b).
(2)The training program shall include inspection workshops offered by the Division of Mine Reclamation in different regions of the state to provide practical application of the guidance document material.
(3)On and after July 1, 2020, all inspectors shall have on file with the lead agency and the Division of Mine Reclamation a certificate of completion of an inspection workshop. An inspector shall attend a workshop no later than five years after the date of the inspectors most recent certificate.
(4)The adoption of the guidance document by the Division of Mine Reclamation pursuant to this subdivision shall be subject to 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).
SEC. 10.The Legislature finds and declares that Section 8 of this act, which amends Section 2770 of the Public Resources Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect confidential and proprietary information concerning the reserves, production, or rate of depletion of an identifiable mining operation, it is necessary to limit public access to that information.
It is the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines, and to prevent indefinite delays in or avoidance of reclamation efforts.
SEC. 2.Section 2727.01 is added to the Public Resources Code, to read:2727.01.Construction aggregate material means cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.SEC. 2.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 supervisor annually, not later than a date established by the supervisor, on forms approved by the board from time to time, a report that identifies 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, supervisor, or court.
(3)The location of the mining operation, its name, its mine number as issued by the Division of Mine Reclamation, 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 operations reclamation plan.
(6)The mining operations status as newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, 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, within 12 months of the prior inspection 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 assessors parcel number, and total assessed value of the mining operation.
(11)The approximate permitted size of the mining operation subject to the Surface Mining and Reclamation Act of 1975 (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 supervisor, the person submitting the report pursuant to subdivision (a) shall forward to the lead agency, on 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 assurance mechanisms in connection with the reclamation plan in order that the reclamation can be carried out by the entity or company in accordance with 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 (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 supervisor shall notify the person submitting the report and the owners designated agent in writing that the report and the fee required pursuant to subdivision (d) have been received, specify the mining operations mine number if one has not been issued by the Division 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 supervisor and the lead agency. A 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. mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, or in the process of being reclaimed. The maximum fee for any single mining operation shall not exceed ten thousand dollars ($10,000) annually and shall 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, except that the maximum fee for any single mining operation shall not exceed six thousand dollars ($6,000) in the 201718 fiscal year and eight thousand dollars ($8,000) in the 201819 fiscal year.
(2)(A)The board shall adopt, by regulation, a schedule of fees authorized under paragraph (1) to cover the departments cost in carrying out this section and the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), as reflected in the Governors 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, mining operation that is newly permitted, active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, or in the process of being reclaimed, 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 shall not exceed, and may be less than, the amount of eight million dollars ($8,000,000), 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 201718 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 into the Mine Reclamation Account, which is hereby created. Any fees, penalties, interest, fines, or charges collected by the supervisor or board pursuant to this chapter or the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)) shall be deposited into 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 the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710)), which includes, but is not limited to, the 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 into 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 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 before 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 operations anniversary month.
(e)The lead agency, or the board when acting as the lead agency, may impose a fee on each mining operation to cover the reasonable costs incurred in implementing this chapter and the Surface Mining and Reclamation Act of 1975 (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, and the extraction of minerals from geothermal brine, or any other brine, including, but not limited to, a mining operation colocated or co-operated with geothermal resource facilities. For 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 Section 7920.515 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, a production figure shall not 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. 3.Section 2716 of the Public Resources Code is amended to read:2716.(a)Any interested person may commence an action on his or her their own behalf against the board, the lead agency, the State Geologist, the supervisor, or the director for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the board, the State Geologist, the supervisor, or the director to carry out any duty imposed upon them pursuant to this chapter.
(b)For purposes of this section, person means an individual, firm, association, corporation, organization, or partnership, or a city, county, district, or the state or any department or agency of the state.
SEC. 4.Section 2725.5 is added to the Public Resources Code, to read:2725.5.Active means surfacing mining operations occurred during the reporting year.
SEC. 5.Section 2727.1 of the Public Resources Code is amended to read:2727.1.Idle means that an operator of a surface mining operation has curtailed production at the surface mining operation, formerly active, where surface mining operations did not occur during the reporting year, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved. date.
SEC. 6.Section 2727.2 is added to the Public Resources Code, to read:2727.2.In the process of being reclaimed means an operator of a surface mining operation ceased surface mining operations and is implementing the reclamation plan. Surface mining operations may only maintain the status of in the process of being reclaimed for the timeframe allowed in the approved reclamation plan or in accordance with permits, as applicable.
SEC. 3.SEC. 7.Section 2733.1 is added to the Public Resources Code, to read:2733.1.Reserves means that part of the resource base that could be economically extracted or produced within the foreseeable future and usually referring refers to permitted or vested resources. The term reserves need not signify that extraction facilities are in place and operative.
SEC. 4.SEC. 8.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 no 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 before January 1, 2017, 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)[Reserved]
(d)[Reserved]
(e)(1)A person who can substantiate, based on the evidence of the record, that a lead agency has either (A) failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4 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, or (B) failed to act within a reasonable time of receipt of a completed application may appeal that action or inaction to the board.
(2)The supervisor may appeal a lead agencys approval of a financial assurance cost estimate to the board if the supervisor has commented pursuant to Section 2773.4 that the financial assurance cost estimate is inadequate based on consideration of the following:
(A)Section 2773.1.
(B)Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
(C)The boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1.
(3)If the approved financial assurance cost estimate applies to a reclamation plan approved for a new surface mining operation, an expanded surface mining operation, or an interim financial assurance cost estimate due to an order to comply, stipulated or otherwise, the operator shall provide a financial assurance mechanism pursuant to subdivision (e) of Section 2773.4 in the amount of the approved financial assurance cost estimate, notwithstanding an appeal filed pursuant to this subdivision and subject to modification pending the outcome of the appeal.
(4)If the approved financial assurance cost estimate is an update to an existing approved financial assurance cost estimate, the existing financial assurance mechanism shall remain in place and shall not be adjusted until a final determination by the board on the appeal filed pursuant to this subdivision.
(f)(1)The board may decline to hear an appeal if it determines that the appeal does not raise substantial issues related to the lead agencys decision to deny the approval of a reclamation plan or financial assurance, or the timeliness in reviewing a completed application. Appeals filed by the supervisor shall be heard by the board.
(2)If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the boards receipt of a complete administrative record, or a longer period as may be mutually agreed to by the board, the appellant, and the operator, or, if the appeal is filed by the supervisor, by the board, the supervisor, and the operator.
(g)(1)(A)When hearing an appeal filed pursuant to paragraph (1) or (2) of subdivision (e), the board shall determine whether the reclamation plan or the financial assurance cost estimate substantially meets the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774. The board shall approve or uphold a reclamation plan or financial assurance cost estimate determined to meet those applicable requirements. In any event, financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed.
(B)For purposes of this subdivision, substantially means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter.
(2)(A)A reclamation plan determined not to meet the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 shall be returned to the operator with a notice of deficiencies. The operator shall be granted, once only, a period of 30 days or a longer period mutually agreed upon by the operator and the board to do both of the following:
(i)Correct the noted deficiencies.
(ii)Submit the revised reclamation plan to the lead agency for review and approval.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the boards determination.
(3)(A)If the board determines the lead agencys approved financial assurance cost estimate does not meet the requirements of Sections 2773.1 and 2773.4, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1, the board shall note the deficiencies and, based on the record, include adequate cost estimates for each noted deficiency.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the boards determination. The instructions shall include a reasonable submission deadline of not less than 30 days.
(C)The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate.
(D)A financial assurance mechanism shall be established by the operator pursuant to subdivision (e) of Section 2773.4 following the approval of the financial assurance cost estimate.
(E)The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the boards determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1.
(h)(1)Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. The review and approval of an interim management plan plan, or the approval of Idle Reserve Mine Status, 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 operations approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status 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.
(C)(i)A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the Division of Mine Reclamation to review and approve comment on an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
(I)(ia)The State Geologist determines the surface mining operation has a an economically viable volume of reserves to address future infrastructure needs. reserves, as defined in Section 2733.1. A reserve not included in an approved reclamation plan or interim management plan shall not be considered in this determination.
(ib)Information related to reserves, production, or rate of depletion submitted by an applicant to the State Geologist to support the determination in sub-subclause (ia) shall be deemed proprietary information not to be disclosed to any member of the public.
(II)The surface mining operation is not located on federal public land.
(III)The Division of Mine Reclamation has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
(IV)The application pays actual costs associated with the Division of Mine Reclamations review in addition to the fees required pursuant to Section 2207.
(V)The approval of an application for Idle Reserve Mine Status by the lead agency does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.
(ii)If the Division of Mine Reclamation concludes that all of the conditions in subclauses (I) to (III), (V), inclusive, of clause (i) are met and approves comments on an application for Idle Reserve Mine Status, and if the lead agency concurs with the Division of Mine Reclamations review, approves Idle Reserve Mine Status, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the timeframes in subparagraph (A) if both of the following conditions are met: (A).
(iii)If a surface mining operation has acted in good faith pursuant to clause (i) and a determination on its application for the approval of Idle Reserve Mine Status has not yet been made pursuant to clause (ii), the surface mining operations interim management plan may remain in effect until a determination has been made.
(iv)The board shall may adopt regulations to implement clauses (i) and (ii).
(v)On or before September 1, 2027, December 31, 2028, and annually thereafter, the Division of Mine Reclamation shall compile and post on its internet website all of the following information, as of the end of the preceding calendar year:
(I)The active surface mining operations by county, lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(II)The idle surface mining operations by county, lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(III)The newly permitted surface mining operations by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(IV)The surface mining operations in the process of being reclaimed by lead agency, as reported in the annual report pursuant to Section 2207, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(III)(V)The Idle Reserve Mine Status by county, lead agency, including the length of time in Idle Reserve Mine Status and the status of the interim management plan and financial assurance for each surface mining operation. operation, as reported in the annual report pursuant to Section 2207.
(IV)(VI)The number of surface mining operations approved for Idle Reserve Mine Status during that year.
(V)(VII)The number of surface mining operations seeking Idle Reserve Mine Status during that year and the number of surface mining operations waiting to be processed for Idle Reserve Mine Status.
(VI)(VIII)The surface mining operations by county lead agency that moved from idle or Idle Reserve Mine Status to another status and identification of that status. status, as reported in the annual report pursuant to Section 2207.
(vi)To the extent feasible, and to avoid duplicative effort, the Division of Mine Reclamation shall use the information provided to it pursuant to Section 2774.2.5 2207 in compiling the information required pursuant to clause (v). The Division of Mine Reclamation may seek any additional information necessary from a lead agency.
(vii)A mine is considered in Idle Reserve Mine Status if it has an approved application pursuant to this subparagraph.
(vii)This subparagraph(viii)Clauses (i) to (vii), inclusive, shall become inoperative on January 1, 2032. 2033. As of that date, a surface mining operation with Idle Reserve Mine Status may retain that status for the remainder of the renewal period in which its interim management plan may remain in effect pursuant to clause (ii).
(I)The applicant pays actual costs associated with the Division of Mine Reclamations review in addition to the fees required pursuant to Section 2207.(II)The approval of an application for Idle Reserve Mine Status does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.(3)The financial assurances required by Section 2773.1 shall remain in effect during the period that the surface mining operation is idle or in Idle Reserve Mine Status. If the surface mining operation is still idle or in Idle Reserve Mine Status after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.
(4)(A)Within 45 days of the receipt of the interim management plan, the lead agency shall review the interim management plan in accordance with its ordinance adopted pursuant to subdivision (a) of Section 2774, and if the interim management plan satisfies the requirements of this section, forward the plan to the supervisor for comment. Otherwise, the lead agency shall notify the operator in writing of any deficiencies in the interim management 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 interim management plan.
(B)The lead agency shall submit the interim management plan, including a revised interim management plan, to the supervisor for review and certify to the supervisor that the interim management plan is a complete submission and complies with all of the following requirements:
(i)The applicable requirements of this chapter.
(ii)Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable.
(iii)The lead agencys surface mining ordinance in effect at the time that the interim management plan is submitted to the supervisor for review, except if the board is the lead agency.
(C)After receipt of the certified complete interim management plan, the supervisor shall have 30 days to prepare written comments on the interim management plan, if the supervisor elects to do so.
(D)The lead agency shall review and evaluate written comments received from the supervisor relating to the interim management plan within a reasonable amount of time.
(E)The lead agency shall prepare a written response to the supervisors comments received pursuant to subparagraph (C) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor and the operator at least 30 days prior to the intended approval of the interim management plan. The lead agencys response shall include either of the following:
(i)A description of how the lead agency proposes to adopt the supervisors comments to the interim management plan.
(ii)A detailed description of the reasons why the lead agency proposes not to adopt the supervisors comments.
(F)Where the supervisor has commented, the lead agency shall give the supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the lead agency, or, if no hearing is required by this chapter, the local ordinance, or other law, the lead agency shall provide 30 days written notice to the supervisor that the lead agency intends to approve the interim management plan.
(G)Within 30 days following the approval of the interim management plan, the lead agency shall provide the supervisor notice of the approval and a copy of the approved interim management plan.
(5)The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisors comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the lead agency denies approval of the interim management plan, the operator may appeal that action to the lead agencys 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 agencys 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) 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).
(j)For purposes of this section, construction aggregate material means mineral materials capable of being used in construction that normally receive minimal processing, commonly washing and grading, and for which the ratio of transportation costs to the value of the processed material at the mine are typically not economically viable beyond 100 miles, including, but not limited to, sand, gravel, and crushed rock.
SEC. 5.SEC. 9.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)(1)The lead agency shall cause surface mining operations, including surface mining operations that are idle or active, idle, in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, newly permitted, or in the process of being reclaimed, to be inspected in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. The lead agency shall cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee who has not been employed by the surface mining operation being inspected in any capacity during the previous 12 months, except that a qualified lead agency employee may inspect surface mining operations conducted by the local agency. All inspections shall be conducted using a form developed by the Division of Mine Reclamation 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 supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mining operations compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
(A)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor.
(B)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(C)A statement describing the lead agencys intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(D)A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the lead agency.
(2)If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) 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 qualified 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 December 31, 2017, the Division of Mine Reclamation shall establish a training program for all surface mine inspectors. The program shall be designed to include a guidance document, developed by the Division of Mine Reclamation, in consultation with the board and stakeholders, to provide instruction and recommendations to surface mine inspectors performing inspections pursuant to subdivision (b).
(2)The training program shall include inspection workshops offered by the Division of Mine Reclamation in different regions of the state to provide practical application of the guidance document material.
(3)On and after July 1, 2020, all inspectors shall have on file with the lead agency and the Division of Mine Reclamation a certificate of completion of an inspection workshop. An inspector shall attend a workshop no later than five years after the date of the inspectors most recent certificate.
(4)The adoption of the guidance document by the Division of Mine Reclamation pursuant to this subdivision shall be subject to 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).
SEC. 10.The Legislature finds and declares that Section 8 of this act, which amends Section 2770 of the Public Resources Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect confidential and proprietary information concerning the reserves, production, or rate of depletion of an identifiable mining operation, it is necessary to limit public access to that information.
It is the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines, and to prevent indefinite delays in or avoidance of reclamation efforts.
SEC. 2.Section 2727.01 is added to the Public Resources Code, to read:2727.01.Construction aggregate material means cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.
SEC. 3.Section 2733.1 is added to the Public Resources Code, to read:2733.1.Reserves means that part of the resource base that could be economically extracted or produced within the foreseeable future and usually referring to permitted resources. The term reserves need not signify that extraction facilities are in place and operative.
SEC. 4.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 no 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 before January 1, 2017, 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)[Reserved]
(d)[Reserved]
(e)(1)A person who can substantiate, based on the evidence of the record, that a lead agency has either (A) failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4 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, or (B) failed to act within a reasonable time of receipt of a completed application may appeal that action or inaction to the board.
(2)The supervisor may appeal a lead agencys approval of a financial assurance cost estimate to the board if the supervisor has commented pursuant to Section 2773.4 that the financial assurance cost estimate is inadequate based on consideration of the following:
(A)Section 2773.1.
(B)Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
(C)The boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1.
(3)If the approved financial assurance cost estimate applies to a reclamation plan approved for a new surface mining operation, an expanded surface mining operation, or an interim financial assurance cost estimate due to an order to comply, stipulated or otherwise, the operator shall provide a financial assurance mechanism pursuant to subdivision (e) of Section 2773.4 in the amount of the approved financial assurance cost estimate, notwithstanding an appeal filed pursuant to this subdivision and subject to modification pending the outcome of the appeal.
(4)If the approved financial assurance cost estimate is an update to an existing approved financial assurance cost estimate, the existing financial assurance mechanism shall remain in place and shall not be adjusted until a final determination by the board on the appeal filed pursuant to this subdivision.
(f)(1)The board may decline to hear an appeal if it determines that the appeal does not raise substantial issues related to the lead agencys decision to deny the approval of a reclamation plan or financial assurance, or the timeliness in reviewing a completed application. Appeals filed by the supervisor shall be heard by the board.
(2)If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the boards receipt of a complete administrative record, or a longer period as may be mutually agreed to by the board, the appellant, and the operator, or, if the appeal is filed by the supervisor, by the board, the supervisor, and the operator.
(g)(1)(A)When hearing an appeal filed pursuant to paragraph (1) or (2) of subdivision (e), the board shall determine whether the reclamation plan or the financial assurance cost estimate substantially meets the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774. The board shall approve or uphold a reclamation plan or financial assurance cost estimate determined to meet those applicable requirements. In any event, financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed.
(B)For purposes of this subdivision, substantially means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter.
(2)(A)A reclamation plan determined not to meet the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 shall be returned to the operator with a notice of deficiencies. The operator shall be granted, once only, a period of 30 days or a longer period mutually agreed upon by the operator and the board to do both of the following:
(i)Correct the noted deficiencies.
(ii)Submit the revised reclamation plan to the lead agency for review and approval.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the boards determination.
(3)(A)If the board determines the lead agencys approved financial assurance cost estimate does not meet the requirements of Sections 2773.1 and 2773.4, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1, the board shall note the deficiencies and, based on the record, include adequate cost estimates for each noted deficiency.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the boards determination. The instructions shall include a reasonable submission deadline of not less than 30 days.
(C)The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate.
(D)A financial assurance mechanism shall be established by the operator pursuant to subdivision (e) of Section 2773.4 following the approval of the financial assurance cost estimate.
(E)The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the boards determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1.
(h)(1)Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. 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 operations approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status 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.
(C)(i)A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the Division of Mine Reclamation to review and approve an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
(I)The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs. A reserve not included in an approved reclamation plan or interim management plan shall not be considered in this determination.
(II)The surface mining operation is not located on federal public land.
(III)The Division of Mine Reclamation has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
(ii)If the Division of Mine Reclamation concludes that all of the conditions in subclauses (I) to (III), inclusive, of clause (i) are met and approves an application for Idle Reserve Mine Status, and if the lead agency concurs with the Division of Mine Reclamations review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the timeframes in subparagraph (A) if both of the following conditions are met:
(iii)If a surface mining operation has acted in good faith pursuant to clause (i) and a determination on its application for Idle Reserve Mine Status has not yet been made pursuant to clause (ii), the surface mining operations interim management plan may remain in effect until a determination has been made.
(iv)The board shall adopt regulations to implement clauses (i) and (ii).
(v)On or before September 1, 2027, and annually thereafter, the Division of Mine Reclamation shall compile and post on its internet website all of the following information, as of the end of the preceding calendar year:
(I)The active surface mining operations by county, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(II)The idle surface mining operations by county, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(III)The Idle Reserve Mine Status by county, including the length of time in Idle Reserve Mine Status and the status of the interim management plan and financial assurance for each surface mining operation.
(IV)The number of surface mining operations approved for Idle Reserve Mine Status during that year.
(V)The number of surface mining operations seeking Idle Reserve Mine Status during that year and the number of surface mining operations waiting to be processed for Idle Reserve Mine Status.
(VI)The surface mining operations by county that moved from idle or Idle Reserve Mine Status to another status and identification of that status.
(vi)To the extent feasible, and to avoid duplicative effort, the Division of Mine Reclamation shall use the information provided to it pursuant to Section 2774.2.5 in compiling the information required pursuant to clause (v). The Division of Mine Reclamation may seek any additional information necessary from a lead agency.
(vii)This subparagraph shall become inoperative on January 1, 2036. 2032. As of that date, a surface mining operation with Idle Reserve Mine Status may retain that status for the remainder of the renewal period in which its interim management plan may remain in effect pursuant to clause (ii).
(I)The applicant pays actual costs associated with the Division of Mine Reclamations review in addition to the fees required pursuant to Section 2207.
(II)The approval of an application for Idle Reserve Mine Status does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.
(3)The financial assurances required by Section 2773.1 shall remain in effect during the period that the surface mining operation is idle or in Idle Reserve Mine Status. If the surface mining operation is still idle or in Idle Reserve Mine Status after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.
(4)(A)Within 45 days of the receipt of the interim management plan, the lead agency shall review the interim management plan in accordance with its ordinance adopted pursuant to subdivision (a) of Section 2774, and if the interim management plan satisfies the requirements of this section, forward the plan to the supervisor for comment. Otherwise, the lead agency shall notify the operator in writing of any deficiencies in the interim management 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 interim management plan.
(B)The lead agency shall submit the interim management plan, including a revised interim management plan, to the supervisor for review and certify to the supervisor that the interim management plan is a complete submission and complies with all of the following requirements:
(i)The applicable requirements of this chapter.
(ii)Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable.
(iii)The lead agencys surface mining ordinance in effect at the time that the interim management plan is submitted to the supervisor for review, except if the board is the lead agency.
(C)After receipt of the certified complete interim management plan, the supervisor shall have 30 days to prepare written comments on the interim management plan, if the supervisor elects to do so.
(D)The lead agency shall review and evaluate written comments received from the supervisor relating to the interim management plan within a reasonable amount of time.
(E)The lead agency shall prepare a written response to the supervisors comments received pursuant to subparagraph (C) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor and the operator at least 30 days prior to the intended approval of the interim management plan. The lead agencys response shall include either of the following:
(i)A description of how the lead agency proposes to adopt the supervisors comments to the interim management plan.
(ii)A detailed description of the reasons why the lead agency proposes not to adopt the supervisors comments.
(F)Where the supervisor has commented, the lead agency shall give the supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the lead agency, or, if no hearing is required by this chapter, the local ordinance, or other law, the lead agency shall provide 30 days written notice to the supervisor that the lead agency intends to approve the interim management plan.
(G)Within 30 days following the approval of the interim management plan, the lead agency shall provide the supervisor notice of the approval and a copy of the approved interim management plan.
(5)The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisors comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the lead agency denies approval of the interim management plan, the operator may appeal that action to the lead agencys 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 agencys 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) 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. 5.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)(1)The lead agency shall cause surface mining operations, including surface mining operations that are idle or in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, to be inspected in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. The lead agency shall cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee who has not been employed by the surface mining operation being inspected in any capacity during the previous 12 months, except that a qualified lead agency employee may inspect surface mining operations conducted by the local agency. All inspections shall be conducted using a form developed by the Division of Mine Reclamation 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 supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mining operations compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
(A)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor.
(B)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(C)A statement describing the lead agencys intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(D)A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the lead agency.
(2)If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) 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 qualified 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 December 31, 2017, the Division of Mine Reclamation shall establish a training program for all surface mine inspectors. The program shall be designed to include a guidance document, developed by the Division of Mine Reclamation, in consultation with the board and stakeholders, to provide instruction and recommendations to surface mine inspectors performing inspections pursuant to subdivision (b).
(2)The training program shall include inspection workshops offered by the Division of Mine Reclamation in different regions of the state to provide practical application of the guidance document material.
(3)On and after July 1, 2020, all inspectors shall have on file with the lead agency and the Division of Mine Reclamation a certificate of completion of an inspection workshop. An inspector shall attend a workshop no later than five years after the date of the inspectors most recent certificate.
(4)The adoption of the guidance document by the Division of Mine Reclamation pursuant to this subdivision shall be subject to 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).
It is the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines rather than allowing for mines, and to prevent indefinite delays in or avoidance of reclamation efforts.
SEC. 2.Section 2727.01 is added to the Public Resources Code, to read:2727.01.Construction aggregate material means cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.
SEC. 3.Section 2733.1 is added to the Public Resources Code, to read:2733.1.Reserves means that part of the resource base that could be economically extracted or produced within the foreseeable future and usually referring to permitted resources. The term reserves need not signify that extraction facilities are in place and operative.
SEC. 4.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 no 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 before January 1, 2017, 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)[Reserved]
(d)[Reserved]
(e)(1)A person who can substantiate, based on the evidence of the record, that a lead agency has either (A) failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4 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, or (B) failed to act within a reasonable time of receipt of a completed application may appeal that action or inaction to the board.
(2)The supervisor may appeal a lead agencys approval of a financial assurance cost estimate to the board if the supervisor has commented pursuant to Section 2773.4 that the financial assurance cost estimate is inadequate based on consideration of the following:
(A)Section 2773.1.
(B)Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
(C)The boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1.
(3)If the approved financial assurance cost estimate applies to a reclamation plan approved for a new surface mining operation, an expanded surface mining operation, or an interim financial assurance cost estimate due to an order to comply, stipulated or otherwise, the operator shall provide a financial assurance mechanism pursuant to subdivision (e) of Section 2773.4 in the amount of the approved financial assurance cost estimate, notwithstanding an appeal filed pursuant to this subdivision and subject to modification pending the outcome of the appeal.
(4)If the approved financial assurance cost estimate is an update to an existing approved financial assurance cost estimate, the existing financial assurance mechanism shall remain in place and shall not be adjusted until a final determination by the board on the appeal filed pursuant to this subdivision.
(f)(1)The board may decline to hear an appeal if it determines that the appeal does not raise substantial issues related to the lead agencys decision to deny the approval of a reclamation plan or financial assurance, or the timeliness in reviewing a completed application. Appeals filed by the supervisor shall be heard by the board.
(2)If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the boards receipt of a complete administrative record, or a longer period as may be mutually agreed to by the board, the appellant, and the operator, or, if the appeal is filed by the supervisor, by the board, the supervisor, and the operator.
(g)(1)(A)When hearing an appeal filed pursuant to paragraph (1) or (2) of subdivision (e), the board shall determine whether the reclamation plan or the financial assurance cost estimate substantially meets the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774. The board shall approve or uphold a reclamation plan or financial assurance cost estimate determined to meet those applicable requirements. In any event, financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed.
(B)For purposes of this subdivision, substantially means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter.
(2)(A)A reclamation plan determined not to meet the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 shall be returned to the operator with a notice of deficiencies. The operator shall be granted, once only, a period of 30 days or a longer period mutually agreed upon by the operator and the board to do both of the following:
(i)Correct the noted deficiencies.
(ii)Submit the revised reclamation plan to the lead agency for review and approval.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the boards determination.
(3)(A)If the board determines the lead agencys approved financial assurance cost estimate does not meet the requirements of Sections 2773.1 and 2773.4, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1, the board shall note the deficiencies and, based on the record, include adequate cost estimates for each noted deficiency.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the boards determination. The instructions shall include a reasonable submission deadline of not less than 30 days.
(C)The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate.
(D)A financial assurance mechanism shall be established by the operator pursuant to subdivision (e) of Section 2773.4 following the approval of the financial assurance cost estimate.
(E)The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the boards determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1.
(h)(1)Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. 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 operations approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status 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.
(C)(i)A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the division Division of Mine Reclamation to review and approve an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
(I)The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs. A reserve not included in an approved reclamation plan or interim management plan shall not be considered in this determination.
(II)The surface mining operation is not located on federal public land.
(III)The division Division of Mine Reclamation has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
(ii)If the division Division of Mine Reclamation concludes that all of the conditions in subclauses (I) to (III), inclusive, of clause (i) are met and approves an application for Idle Reserve Mine Status, and if the lead agency concurs with the divisions Division of Mine Reclamations review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the timeframes in subparagraph (A) if both of the following conditions are met:
(iii)If a surface mining operation has acted in good faith pursuant to clause (i) and a determination on its application for Idle Reserve Mine Status has not yet been made pursuant to clause (ii), the surface mining operations interim management plan may remain in effect until a determination has been made.
(iv)The board shall adopt regulations to implement clauses (i) and (ii).
(v)On or before September 1, 2027, and annually thereafter, the Division of Mine Reclamation shall compile and post on its internet website all of the following information, as of the end of the preceding calendar year:
(I)The active surface mining operations by county, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(II)The idle surface mining operations by county, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
(III)The Idle Reserve Mine Status by county, including the length of time in Idle Reserve Mine Status and the status of the interim management plan and financial assurance for each surface mining operation.
(IV)The number of surface mining operations approved for Idle Reserve Mine Status during that year.
(V)The number of surface mining operations seeking Idle Reserve Mine Status during that year and the number of surface mining operations waiting to be processed for Idle Reserve Mine Status.
(VI)The surface mining operations by county that moved from idle or Idle Reserve Mine Status to another status and identification of that status.
(vi)To the extent feasible, and to avoid duplicative effort, the Division of Mine Reclamation shall use the information provided to it pursuant to Section 2774.2.5 in compiling the information required pursuant to clause (v). The Division of Mine Reclamation may seek any additional information necessary from a lead agency.
(vii)This subparagraph shall become inoperative on January 1, 2036. As of that date, a surface mining operation with Idle Reserve Mine Status may retain that status for the remainder of the renewal period in which its interim management plan may remain in effect pursuant to clause (ii).
(I)The applicant pays actual costs associated with the divisions Division of Mine Reclamations review in addition to the fees required pursuant to Section 2207.
(II)The approval of an application for Idle Reserve Mine Status does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.
(3)The financial assurances required by Section 2773.1 shall remain in effect during the period that the surface mining operation is idle or in Idle Reserve Mine Status. If the surface mining operation is still idle or in Idle Reserve Mine Status after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.
(4)(A)Within 45 days of the receipt of the interim management plan, the lead agency shall review the interim management plan in accordance with its ordinance adopted pursuant to subdivision (a) of Section 2774, and if the interim management plan satisfies the requirements of this section, forward the plan to the supervisor for comment. Otherwise, the lead agency shall notify the operator in writing of any deficiencies in the interim management 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 interim management plan.
(B)The lead agency shall submit the interim management plan, including a revised interim management plan, to the supervisor for review and certify to the supervisor that the interim management plan is a complete submission and complies with all of the following requirements:
(i)The applicable requirements of this chapter.
(ii)Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable.
(iii)The lead agencys surface mining ordinance in effect at the time that the interim management plan is submitted to the supervisor for review, except if the board is the lead agency.
(C)After receipt of the certified complete interim management plan, the supervisor shall have 30 days to prepare written comments on the interim management plan, if the supervisor elects to do so.
(D)The lead agency shall review and evaluate written comments received from the supervisor relating to the interim management plan within a reasonable amount of time.
(E)The lead agency shall prepare a written response to the supervisors comments received pursuant to subparagraph (C) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor and the operator at least 30 days prior to the intended approval of the interim management plan. The lead agencys response shall include either of the following:
(i)A description of how the lead agency proposes to adopt the supervisors comments to the interim management plan.
(ii)A detailed description of the reasons why the lead agency proposes not to adopt the supervisors comments.
(F)Where the supervisor has commented, the lead agency shall give the supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the lead agency, or, if no hearing is required by this chapter, the local ordinance, or other law, the lead agency shall provide 30 days written notice to the supervisor that the lead agency intends to approve the interim management plan.
(G)Within 30 days following the approval of the interim management plan, the lead agency shall provide the supervisor notice of the approval and a copy of the approved interim management plan.
(5)The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisors comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the lead agency denies approval of the interim management plan, the operator may appeal that action to the lead agencys 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 agencys 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) 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. 5.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)(1)The lead agency shall cause surface mining operations, including surface mining operations that are idle or in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, to be inspected in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. The lead agency shall cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee who has not been employed by the surface mining operation being inspected in any capacity during the previous 12 months, except that a qualified lead agency employee may inspect surface mining operations conducted by the local agency. All inspections shall be conducted using a form developed by the Division of Mine Reclamation 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 supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mining operations compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
(A)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor.
(B)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(C)A statement describing the lead agencys intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(D)A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the lead agency.
(2)If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) 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 qualified 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 December 31, 2017, the Division of Mine Reclamation shall establish a training program for all surface mine inspectors. The program shall be designed to include a guidance document, developed by the Division of Mine Reclamation, in consultation with the board and stakeholders, to provide instruction and recommendations to surface mine inspectors performing inspections pursuant to subdivision (b).
(2)The training program shall include inspection workshops offered by the Division of Mine Reclamation in different regions of the state to provide practical application of the guidance document material.
(3)On and after July 1, 2020, all inspectors shall have on file with the lead agency and the Division of Mine Reclamation a certificate of completion of an inspection workshop. An inspector shall attend a workshop no later than five years after the date of the inspectors most recent certificate.
(4)The adoption of the guidance document by the Division of Mine Reclamation pursuant to this subdivision shall be subject to 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).
It is the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines rather than allowing for indefinite delays in or avoidance of reclamation efforts.
SECTION 1.SEC. 2.Section 2727.01 is added to the Public Resources Code, to read:2727.01.Construction aggregate material means cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.
SEC. 2.SEC. 3.Section 2733.1 is added to the Public Resources Code, to read:2733.1.Reserves means that part of the resource base that could be economically extracted or produced within the foreseeable future and usually referring to permitted resources. The term reserves need not signify that extraction facilities are in place and operative.
SEC. 3.SEC. 4.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 no 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 before January 1, 2017, 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)[Reserved]
(d)[Reserved]
(e)(1)A person who can substantiate, based on the evidence of the record, that a lead agency has either (A) failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4 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, or (B) failed to act within a reasonable time of receipt of a completed application may appeal that action or inaction to the board.
(2)The supervisor may appeal a lead agencys approval of a financial assurance cost estimate to the board if the supervisor has commented pursuant to Section 2773.4 that the financial assurance cost estimate is inadequate based on consideration of the following:
(A)Section 2773.1.
(B)Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
(C)The boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1.
(3)If the approved financial assurance cost estimate applies to a reclamation plan approved for a new surface mining operation, an expanded surface mining operation, or an interim financial assurance cost estimate due to an order to comply, stipulated or otherwise, the operator shall provide a financial assurance mechanism pursuant to subdivision (e) of Section 2773.4 in the amount of the approved financial assurance cost estimate, notwithstanding an appeal filed pursuant to this subdivision and subject to modification pending the outcome of the appeal.
(4)If the approved financial assurance cost estimate is an update to an existing approved financial assurance cost estimate, the existing financial assurance mechanism shall remain in place and shall not be adjusted until a final determination by the board on the appeal filed pursuant to this subdivision.
(f)(1)The board may decline to hear an appeal if it determines that the appeal does not raise substantial issues related to the lead agencys decision to deny the approval of a reclamation plan or financial assurance, or the timeliness in reviewing a completed application. Appeals filed by the supervisor shall be heard by the board.
(2)If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the boards receipt of a complete administrative record, or a longer period as may be mutually agreed to by the board, the appellant, and the operator, or, if the appeal is filed by the supervisor, by the board, the supervisor, and the operator.
(g)(1)(A)When hearing an appeal filed pursuant to paragraph (1) or (2) of subdivision (e), the board shall determine whether the reclamation plan or the financial assurance cost estimate substantially meets the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774. The board shall approve or uphold a reclamation plan or financial assurance cost estimate determined to meet those applicable requirements. In any event, financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed.
(B)For purposes of this subdivision, substantially means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter.
(2)(A)A reclamation plan determined not to meet the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 shall be returned to the operator with a notice of deficiencies. The operator shall be granted, once only, a period of 30 days or a longer period mutually agreed upon by the operator and the board to do both of the following:
(i)Correct the noted deficiencies.
(ii)Submit the revised reclamation plan to the lead agency for review and approval.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the boards determination.
(3)(A)If the board determines the lead agencys approved financial assurance cost estimate does not meet the requirements of Sections 2773.1 and 2773.4, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1, the board shall note the deficiencies and, based on the record, include adequate cost estimates for each noted deficiency.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the boards determination. The instructions shall include a reasonable submission deadline of not less than 30 days.
(C)The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate.
(D)A financial assurance mechanism shall be established by the operator pursuant to subdivision (e) of Section 2773.4 following the approval of the financial assurance cost estimate.
(E)The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the boards determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1.
(h)(1)Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. 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 operations approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status 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.
(C)(i)A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the division to review and approve an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
(I)The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs.
(II)The surface mining operation is not located on federal public land.
(III)The division has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
(ii)If the division concludes that all of the conditions in subclauses (I) to (III), inclusive, of clause (i) are met and approves an application for Idle Reserve Mine Status, and if the lead agency concurs with the divisions review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the time frames timeframes in subparagraph (A) if both of the following conditions are met:
(I)The applicant pays actual costs associated with the divisions review in addition to the fees required pursuant to Section 2207.
(II)The approval of an application for Idle Reserve Mine Status does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.
(3)The financial assurances required by Section 2773.1 shall remain in effect during the period that the surface mining operation is idle or in Idle Reserve Mine Status. If the surface mining operation is still idle or in Idle Reserve Mine Status after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.
(4)(A)Within 45 days of the receipt of the interim management plan, the lead agency shall review the interim management plan in accordance with its ordinance adopted pursuant to subdivision (a) of Section 2774, and if the interim management plan satisfies the requirements of this section, forward the plan to the supervisor for comment. Otherwise, the lead agency shall notify the operator in writing of any deficiencies in the interim management 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 interim management plan.
(B)The lead agency shall submit the interim management plan, including a revised interim management plan, to the supervisor for review and certify to the supervisor that the interim management plan is a complete submission and complies with all of the following requirements:
(i)The applicable requirements of this chapter.
(ii)Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable.
(iii)The lead agencys surface mining ordinance in effect at the time that the interim management plan is submitted to the supervisor for review, except if the board is the lead agency.
(C)After receipt of the certified complete interim management plan, the supervisor shall have 30 days to prepare written comments on the interim management plan, if the supervisor elects to do so.
(D)The lead agency shall review and evaluate written comments received from the supervisor relating to the interim management plan within a reasonable amount of time.
(E)The lead agency shall prepare a written response to the supervisors comments received pursuant to subparagraph (C) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor and the operator at least 30 days prior to the intended approval of the interim management plan. The lead agencys response shall include either of the following:
(i)A description of how the lead agency proposes to adopt the supervisors comments to the interim management plan.
(ii)A detailed description of the reasons why the lead agency proposes not to adopt the supervisors comments.
(F)Where the supervisor has commented, the lead agency shall give the supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the lead agency, or, if no hearing is required by this chapter, the local ordinance, or other law, the lead agency shall provide 30 days written notice to the supervisor that the lead agency intends to approve the interim management plan.
(G)Within 30 days following the approval of the interim management plan, the lead agency shall provide the supervisor notice of the approval and a copy of the approved interim management plan.
(5)The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisors comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the lead agency denies approval of the interim management plan, the operator may appeal that action to the lead agencys 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 agencys 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) 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. 4.SEC. 5.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)(1)The lead agency shall cause surface mining operations, including surface mining operations that are idle or in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, to be inspected in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. The lead agency shall cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee who has not been employed by the surface mining operation being inspected in any capacity during the previous 12 months, except that a qualified lead agency employee may inspect surface mining operations conducted by the local agency. All inspections shall be conducted using a form developed by the Division of Mine Reclamation 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 supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mining operations compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
(A)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor.
(B)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(C)A statement describing the lead agencys intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(D)A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the lead agency.
(2)If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) 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 qualified 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 December 31, 2017, the Division of Mine Reclamation shall establish a training program for all surface mine inspectors. The program shall be designed to include a guidance document, developed by the Division of Mine Reclamation, in consultation with the board and stakeholders, to provide instruction and recommendations to surface mine inspectors performing inspections pursuant to subdivision (b).
(2)The training program shall include inspection workshops offered by the Division of Mine Reclamation in different regions of the state to provide practical application of the guidance document material.
(3)On and after July 1, 2020, all inspectors shall have on file with the lead agency and the Division of Mine Reclamation a certificate of completion of an inspection workshop. An inspector shall attend a workshop no later than five years after the date of the inspectors most recent certificate.
(4)The adoption of the guidance document by the Division of Mine Reclamation pursuant to this subdivision shall be subject to 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).
Construction aggregate material means cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.
SEC. 2.Section 2733.1 is added to the Public Resources Code, to read:2733.1.Reserves means that part of the resource base that could be economically extracted or produced within the foreseeable future and usually referring to permitted resources. The term reserves need not signify that extraction facilities are in place and operative.
SEC. 3.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 no 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 before January 1, 2017, 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)[Reserved]
(d)[Reserved]
(e)(1)A person who can substantiate, based on the evidence of the record, that a lead agency has either (A) failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4 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, or (B) failed to act within a reasonable time of receipt of a completed application may appeal that action or inaction to the board.
(2)The supervisor may appeal a lead agencys approval of a financial assurance cost estimate to the board if the supervisor has commented pursuant to Section 2773.4 that the financial assurance cost estimate is inadequate based on consideration of the following:
(A)Section 2773.1.
(B)Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
(C)The boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1.
(3)If the approved financial assurance cost estimate applies to a reclamation plan approved for a new surface mining operation, an expanded surface mining operation, or an interim financial assurance cost estimate due to an order to comply, stipulated or otherwise, the operator shall provide a financial assurance mechanism pursuant to subdivision (e) of Section 2773.4 in the amount of the approved financial assurance cost estimate, notwithstanding an appeal filed pursuant to this subdivision and subject to modification pending the outcome of the appeal.
(4)If the approved financial assurance cost estimate is an update to an existing approved financial assurance cost estimate, the existing financial assurance mechanism shall remain in place and shall not be adjusted until a final determination by the board on the appeal filed pursuant to this subdivision.
(f)(1)The board may decline to hear an appeal if it determines that the appeal raises no does not raise substantial issues related to the lead agencys decision to deny the approval of a reclamation plan or financial assurance, or the timeliness in reviewing a completed application. Appeals filed by the supervisor shall be heard by the board.
(2)If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the boards receipt of a complete administrative record, or a longer period as may be mutually agreed to by the board, the appellant, and the operator, or, if the appeal is filed by the supervisor, by the board, the supervisor, and the operator.
(g)(1)(A)When hearing an appeal filed pursuant to paragraph (1) or (2) of subdivision (e), the board shall determine whether the reclamation plan or the financial assurance cost estimate substantially meets the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774. The board shall approve or uphold a reclamation plan or financial assurance cost estimate determined to meet those applicable requirements. In any event, financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed.
(B)For purposes of this subdivision, substantially means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter.
(2)(A)A reclamation plan determined not to meet the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agencys surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 shall be returned to the operator with a notice of deficiencies. The operator shall be granted, once only, a period of 30 days or a longer period mutually agreed upon by the operator and the board to do both of the following:
(i)Correct the noted deficiencies.
(ii)Submit the revised reclamation plan to the lead agency for review and approval.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the boards determination.
(3)(A)If the board determines the lead agencys approved financial assurance cost estimate does not meet the requirements of Sections 2773.1 and 2773.4, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1, the board shall note the deficiencies and, based on the record, include adequate cost estimates for each noted deficiency.
(B)Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the boards determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the boards determination. The instructions shall include a reasonable submission deadline of not less than 30 days.
(C)The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate.
(D)A financial assurance mechanism shall be established by the operator pursuant to subdivision (e) of Section 2773.4 following the approval of the financial assurance cost estimate.
(E)The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the boards determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1.
(h)(1)Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. 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 operations approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status 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.
(C)(i)A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the division to review and approve an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
(I)The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs.
(II)The surface mining operation is not located on federal public land.
(III)The division has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
(ii)If the division concludes that all of the conditions in subclauses (I) to (III), inclusive, of clause (i) are met and approves an application for Idle Reserve Mine Status, and if the lead agency concurs with the divisions review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the time frames in subparagraph (A) if both of the following conditions are met:
(I)The applicant pays actual costs associated with the divisions review in addition to the fees required pursuant to Section 2207.
(II)The approval of an application for Idle Reserve Mine Status does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.
(3)The financial assurances required by Section 2773.1 shall remain in effect during the period that the surface mining operation is idle. idle or in Idle Reserve Mine Status. If the surface mining operation is still idle or in Idle Reserve Mine Status after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan.
(4)(A)Within 45 days of the receipt of the interim management plan, the lead agency shall review the interim management plan in accordance with its ordinance adopted pursuant to subdivision (a) of Section 2774, and if the interim management plan satisfies the requirements of this section, forward the plan to the supervisor for comment. Otherwise, the lead agency shall notify the operator in writing of any deficiencies in the interim management 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 interim management plan.
(B)The lead agency shall submit the interim management plan, including a revised interim management plan, to the supervisor for review and certify to the supervisor that the interim management plan is a complete submission and complies with all of the following requirements:
(i)The applicable requirements of this chapter.
(ii)Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable.
(iii)The lead agencys surface mining ordinance in effect at the time that the interim management plan is submitted to the supervisor for review, except if the board is the lead agency.
(C)After receipt of the certified complete interim management plan, the supervisor shall have 30 days to prepare written comments on the interim management plan, if he or she the supervisor elects to do so.
(D)The lead agency shall review and evaluate written comments received from the supervisor relating to the interim management plan within a reasonable amount of time.
(E)The lead agency shall prepare a written response to the supervisors comments received pursuant to subparagraph (C) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor and the operator at least 30 days prior to the intended approval of the interim management plan. The lead agencys response shall include either of the following:
(i)A description of how the lead agency proposes to adopt the supervisors comments to the interim management plan.
(ii)A detailed description of the reasons why the lead agency proposes not to adopt the supervisors comments.
(F)Where the supervisor has commented, the lead agency shall give the supervisor at least 30 days written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the lead agency, or, if no hearing is required by this chapter, the local ordinance, or other law, the lead agency shall provide 30 days written notice to the supervisor that the lead agency intends to approve the interim management plan.
(G)Within 30 days following the approval of the interim management plan, the lead agency shall provide the supervisor notice of the approval and a copy of the approved interim management plan.
(5)The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisors comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the lead agency denies approval of the interim management plan, the operator may appeal that action to the lead agencys 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 agencys 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) 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. 4.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)(1)The lead agency shall cause surface mining operations operations, including surface mining operations that are idle or in Idle Reserve Mine Status pursuant to subparagraph (C) of paragraph (2) of subdivision (h) of Section 2770, to be inspected in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. The lead agency shall cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee who has not been employed by the surface mining operation being inspected in any capacity during the previous 12 months, except that a qualified lead agency employee may inspect surface mining operations conducted by the local agency. All inspections shall be conducted using a form developed by the Division of Mine Reclamation 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 supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mining operations compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
(A)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor.
(B)Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(C)A statement describing the lead agencys intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor.
(D)A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the lead agency.
(2)If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) 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 qualified 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 December 31, 2017, the Division of Mine Reclamation shall establish a training program for all surface mine inspectors. The program shall be designed to include a guidance document, developed by the Division of Mine Reclamation, in consultation with the board and stakeholders, to provide instruction and recommendations to surface mine inspectors performing inspections pursuant to subdivision (b).
(2)The training program shall include inspection workshops offered by the Division of Mine Reclamation in different regions of the state to provide practical application of the guidance document material.
(3)On and after July 1, 2020, all inspectors shall have on file with the lead agency and the Division of Mine Reclamation a certificate of completion of an inspection workshop. An inspector shall attend a workshop no later than five years after the date of his or her the inspectors most recent certificate.
(4)The adoption of the guidance document by the Division of Mine Reclamation pursuant to this subdivision shall be subject to 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).
SECTION 1.Section 14415 of the Public Resources Code is amended to read:14415.(a)The Legislature finds and declares all of the following:(1)Conserving or developing natural resources and enhancing and maintaining environmentally important lands and waters is essential for protecting the states environment, bolstering its economy, and providing safe and resilient communities for Californians to live in.(2)The California Conservation Camp program operated jointly by the Department of Corrections and Rehabilitation and the Department of Forestry and Fire Protection provides work crews of incarcerated individuals to assist in all types of emergencies in support of the work of our frontline personnel during wildfires, floods, search and rescue, and earthquakes. When not assisting in emergencies, the crews participate in conservation and community service work projects for state, federal, and local government agencies.(3)The corps is the oldest and largest state conservation corps in the nation that puts youth and the environment together to benefit both, tasking young people to protect and restore Californias environment, respond to disasters, and become stronger workers, citizens, and individuals through their service.(4)The corps offers a unique opportunity to form strategic partnerships to provide valuable job opportunities in resource conservation, resource management, fuels and vegetation management, and emergency incident mitigation for formerly incarcerated individuals who successfully served on a California Conservation Camp program crew.(5)Building on their valuable experience in the California Conservation Camp program, a segment of former California Conservation Camp program participants may be available to support the federal, state, and local governments, local publicly owned electric utilities, electrical corporations, fire safe councils, and private landowners in helping California meet its aggressive goals to do all of the following:(A)Proactively restore forest health to reduce greenhouse gases.(B)Protect source watersheds from which the states water supply originates.(C)Promote the long-term storage of carbon in forest trees and soils.(D)Minimize the loss of forest carbon from large, intense wildfires.(E)Further the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).(6)Research demonstrates that formerly incarcerated individuals who have low performance, involvement, and satisfaction with school or work are more likely to recidivate than individuals who do not exhibit these characteristics. Research also shows that rehabilitation programs, including substance use disorder treatment and employment preparation, can be designed to address specific criminal risk factors.(7)While participating in the corps, corpsmembers are offered life skills training, training in environmental awareness and civic responsibility, and reentry and counseling services, and gain access to high school courses through the corps existing contracts and cooperation with high schools and community colleges.(8)Drawing on the expertise of the corps, collaborations and partnerships with workforce development programs and local and state agencies can be established to provide valuable job opportunities for formerly incarcerated individuals, consistent with the expertise of the corps to increase awareness of and improve our natural resources, instill basic skills and a healthy work ethic, build character, self-esteem, and self-discipline, establish a workforce with a strong sense of civic responsibility, and blend academic and growth opportunities in order to develop productive citizens who can make substantial contributions as California workers and citizens.(b)It is the intent of the Legislature in enacting this chapter to serve the interests of all Californians by providing hope and opportunity for formerly incarcerated individuals by offering additional pathways to employment with a living wage in jobs that move the state forward on critical resource management objectives while providing those individuals the opportunity to make a difference for themselves and for the people of California.(a)The Legislature finds and declares all of the following:
(1)Conserving or developing natural resources and enhancing and maintaining environmentally important lands and waters is essential for protecting the states environment, bolstering its economy, and providing safe and resilient communities for Californians to live in.
(2)The California Conservation Camp program operated jointly by the Department of Corrections and Rehabilitation and the Department of Forestry and Fire Protection provides work crews of incarcerated individuals to assist in all types of emergencies in support of the work of our frontline personnel during wildfires, floods, search and rescue, and earthquakes. When not assisting in emergencies, the crews participate in conservation and community service work projects for state, federal, and local government agencies.
(3)The corps is the oldest and largest state conservation corps in the nation that puts youth and the environment together to benefit both, tasking young people to protect and restore Californias environment, respond to disasters, and become stronger workers, citizens, and individuals through their service.
(4)The corps offers a unique opportunity to form strategic partnerships to provide valuable job opportunities in resource conservation, resource management, fuels and vegetation management, and emergency incident mitigation for formerly incarcerated individuals who successfully served on a California Conservation Camp program crew.
(5)Building on their valuable experience in the California Conservation Camp program, a segment of former California Conservation Camp program participants may be available to support the federal, state, and local governments, local publicly owned electric utilities and utilities, electrical corporations, fire safe councils, and private landowners in helping California meet its aggressive goals to do all of the following:
(A)Proactively restore forest health to reduce greenhouse gases.
(B)Protect source watersheds from which the states water supply originates.
(C)Promote the long-term storage of carbon in forest trees and soils.
(D)Minimize the loss of forest carbon from large, intense wildfires.
(E)Further the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).
(6)Research demonstrates that formerly incarcerated individuals who have low performance, involvement, and satisfaction with school or work are more likely to recidivate than individuals who do not exhibit these characteristics. Research also shows that rehabilitation programs, including substance use disorder treatment and employment preparation, can be designed to address specific criminal risk factors.
(7)While participating in the corps, corpsmembers are offered life skills training, training in environmental awareness and civic responsibility, as well as and reentry and counseling services, and gain access to high school courses through the corps existing contracts and cooperation with high schools and community colleges.
(8)Drawing upon on the expertise of the corps, collaborations and partnerships with workforce development programs and local and state agencies can be established to provide valuable job opportunities for formerly incarcerated individuals, consistent with the expertise of the corps to increase awareness of and improve our natural resources, instill basic skills and a healthy work ethic, build character, self-esteem, and self-discipline, establish a workforce with a strong sense of civic responsibility, and blend academic and growth opportunities in order to develop productive citizens who can make substantial contributions as California workers and citizens.
(b)It is the intent of the Legislature in enacting this chapter to serve the interests of all Californians by providing hope and opportunity for formerly incarcerated individuals by offering additional pathways to employment with a living wage in jobs that move the state forward on critical resource management objectives while providing those individuals the opportunity to make a difference for themselves and for the people of California.
|
Date
|
Status
|
|---|---|
| Sep 30, 2026 | Chaptered by Secretary of State - Chapter 873, Statutes of 2026. |
| Sep 30, 2026 | Approved by the Governor. |
| Aug 31, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 25, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.). |
| Aug 25, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 6511.). |
| Aug 25, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 25, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 24, 2026 | Read second time. Ordered to third reading. |
| Aug 21, 2026 | Read second time and amended. Ordered returned to second reading. |
| Aug 21, 2026 | Ordered to second reading. |
| Aug 21, 2026 | From inactive file. |
| Sep 8, 2025 | Ordered to inactive file at the request of Senator Grayson. |
| Sep 2, 2025 | Read second time. Ordered to third reading. |
| Aug 29, 2025 | Read second time and amended. Ordered returned to second reading. |
| Aug 29, 2025 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 29). |
| Aug 18, 2025 | In committee: Referred to suspense file. |
| Jul 17, 2025 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 17, 2025 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 16). |
| Jun 11, 2025 | Referred to Com. on N.R. & W. |
| Jun 3, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 1. Page 1870.) |
| May 27, 2025 | Read second time. Ordered to third reading. |
| May 23, 2025 | From committee: Do pass. (Ayes 14. Noes 0.) (May 23). |
| May 7, 2025 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 22, 2025 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 21). Re-referred to Com. on APPR. |
| Apr 8, 2025 | Re-referred to Com. on NAT. RES. |
| Apr 7, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 25, 2025 | Re-referred to Com. on NAT. RES. |
| Mar 24, 2025 | Referred to Com. on NAT. RES. |
| Mar 24, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Feb 21, 2025 | From printer. May be heard in committee March 23. |
| Feb 20, 2025 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 25, 2026 | AB 982 Carrillo Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 25, 2026 | Assembly 3rd Reading AB982 Carrillo By Grayson | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 18, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 16, 2025 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Jun 2, 2025 | AB 982 Carrillo Assembly Third Reading | Assembly Floor |
Passed |
|
| May 23, 2025 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 21, 2025 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
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
|
|---|---|---|
| A & A Ready Mix Concrete | ** Support | |
| Associated Ready Mix Concrete, INC. | ** Support | |
| California Construction & Industrial Materials Association (CalCIMA) | ** Support | |
| California Construction And Industrial Materials Association | ** Support | |
| Granite Construction | ** Support | |
| Graniterock | ** Support | |
| Holliday Rock | ** Support | |
| Knife River Construction | ** Support | |
| Lastrada Partners | ** Support | |
| Reed Family Companies | ** Support | |
| Reed Family Companies, LLC | ** Support | |
| ROBERTSONS READY MIX | ** Support | |
| Robertson’s Ready Mix | ** Support | |
| Stevens Creek Quarry, INC. | ** Support | |
| The California Asphalt Pavement Association | ** Support | |
| Vulcan Materials Company | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 982
Author:(Carrillo)
As Amended Ver:August 21, 2026
Majority vote
SUMMARY
Authorizes a surface mining operation to apply for and request the Division of Mine Reclamation (DMR) to review and approve an application for Idle Reserve Mine Status.
Senate Amendments
- Change the sunset date from January 1, 2036, to January 1, 2033, on the Idle Reserve Mine Status authorization.
- Revise and recast the definition of "idle;" define "active," "in the process of being reclaimed," and "reserves;" and, revise the definition of "construction aggregate material."
- Add "Idle Reserve Mine Status" as a reportable status of a mining operation.
- Require the State Mining and Geology Board (Board) to impose the annual reporting fee on each mining operation that is newly permitted, active, idle, in "Idle Reserve Mine Status," or in the process of being reclaimed.
- Provide that the approval of "Idle Reserve Mine Status" is not a project for purposes of the California Environmental Quality Act.
- Provide that information related to reserves, production, or rate of depletion submitted by an applicant to the State Geologist shall be deemed proprietary information prohibit disclosure to any member of the public.
- Authorize the Board to adopt regulations to implement the bill.
- Require DMR, commencing December 31, 2028, and annually thereafter, to compile and post on its internet website specified information.
COMMENTS
The Surface Mining and Reclamation Act (SMARA) provides a comprehensive surface mining and reclamation policy with the regulation of surface mining operations to assure that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition.
Under current law, mine operators can hit "pause" on their operations and idle their mines when/while it is not commercially viable to continue mining. Providing for idle status also helps prevent the abandonment of mines and ensure regulatory oversight and inspections continue until the mine is reclaimed. Construction aggregate facilities have been particularly prone to becoming idle, due to spikes in production from large infrastructure projects.
The bill covers surface mining operations authorized for extraction of construction aggregate materials that are currently idle. According to California Construction & Industrial Materials Association (CalCIMA), there are approximately 100 operations in the state that could be eligible for the proposed Idle Mine Reserve Status. This bill creates an "Idle Reserve Mine Status" of up to 10 years length for idle construction aggregate mines, and sunsets on January 1, 2033, among other provisions.
According to the Author
Assembly Bill 982 is crucial for the continued success of our local mining industry and the construction projects that rely on it. By allowing mines across California to extend their operations, we ensure that valuable resources are preserved for future use, reducing unnecessary shutdowns and costly transportation. In rural districts like mine, where mines are spread far apart, the closure of any mine forces longer travel for resources, which increases emissions and makes it harder to attract investment in local construction projects. This bill will help keep construction materials local, reducing fuel consumption, [carbon] emissions, and traffic congestion. By supporting AB 982, we're investing in our local economy, job creation, and sustainable development, while ensuring that we have the resources to build the infrastructure our communities need and deserve.
Arguments in Support
CalCIMA states that AB 982 is an important measure to maintain the supply chain of construction materials needed to rebuild and maintain California's critical infrastructure, including roads and highways, bridges, sidewalks, airports, public transit, drinking water and wastewater infrastructure, dams, reservoirs, utility infrastructure, commercial buildings, housing, and health care facilities.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Senate Appropriations Committee, this bill would result in ongoing costs of about $1 million in the first year and $987,000 annually thereafter until the January 1, 2033, sunset date (Mine Reclamation Account) for the Department of Conservation to develop regulations, review applications, and fulfill annual reporting requirements, among other things.
VOTES:
ASM NATURAL RESOURCES: 14-0-0
YES: Bryan, Alanis, Connolly, Ellis, Flora, Garcia, Haney, Hoover, Kalra, Muratsuchi, Pellerin, Schultz, Wicks, Zbur
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Sanchez
ASSEMBLY FLOOR: 78-1-0
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO: Ávila Farías
UPDATED
VERSION: August 21, 2026
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0004146
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 982 |
THIRD READING
Bill No: AB 982
Author: Carrillo (D)
Amended: 8/21/26 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 7/16/25
AYES: Limón, Seyarto, Allen, Grove, Hurtado, Laird, Stern
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 78-1, 6/2/25 - See last page for vote
SUBJECT: The Surface Mining and Reclamation Act of 1975: idle reserve mine status
SOURCE: California Construction and Industrial Materials Association
DIGEST:
This bill creates an “Idle Reserve Mine Status” of up to 10 years length for idle construction aggregate mines, and sunsets on January 1, 2032, among other provisions, as provided.
Senate floor amendments of 8/21/26 revise multiple definitions, including for construction aggregate material, idle (mine), active (mine), and “in the process of being reclaimed;” add additional information to a required legislative report; extend the sunset to January 1, 2033; and make numerous technical, clarifying, and conforming changes to the law, among other provisions.
ANALYSIS:
Existing law:
- Establishes the Surface Mining and Reclamation Act of 1975 (SMARA) (Public Resources Code (PRC) §§2710 et seq.) that encourages the production, conservation, and protection of the state’s mineral resources, and requires annual reporting for all mines in the state. SMARA provides a comprehensive surface mining and reclamation policy with regulation of surface mining operations to ensure that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition.
- Establishes the State Mining and Geology Board (board), and the Division of Mine Reclamation (division) within the Department of Conservation. The division is led by the Supervisor of Mine Reclamation (supervisor). The board and division jointly administer SMARA. (PRC §§607, 2006.5)
- Requires the board to adopt regulations that establish state policy for the reclamation of mined lands, as provided. (PRC §2755)
- Requires the owner or operator of a mining operation within the state to annually forward to the supervisor information about the mining operation including its location; its status as active, idle, reclaimed, or in the process of being reclaimed; the commodities produced by the mine; approval date for the reclamation plan; and proof of financial assurance, among other requirements. Requires a lead agency to submit to the supervisor official copies of an approved reclamation plan or plan amendment, interim management plan, financial assurances, and other information, as provided. (PRC §§2207, 2774.2.5)
- Prohibits a person from conducting surface mining operations unless a permit is obtained from, a reclamation plan has been submitted and approved by, and financial assurance for reclamation have been approved by the lead agency, as provided. (PRC §2770)
- Requires, within 90 days of a surface mining operation becoming idle, the operator to submit an interim management plan to the lead agency for review. The approved interim management plan is an amendment to the surface mining operation’s approved reclamation plan. (PRC §2770(h)(1))
- Defines “idle” to mean that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved. (PRC §2727.1)
- Authorizes an interim management plan to remain in effect for up to 5 years, at which time the lead agency is required to either renew the interim management plan for up to another 5 years twice or require the operator to commence reclamation. (PRC §2770(h)(2))
- Requires lead agencies to obtain financial assurances, as specified, from the surface mining operation operator. Requires the financial assurance for the surface mine to remain in effect while it is idle. (PRC §§2770(h)(3), 2773.1)
- Requires a surface mining operation to be considered abandoned if it remains idle for more than one year without obtaining approval of an interim management plan, as specified. (PRC §2770(h)(6))
- Requires a reclamation plan to be filed with the lead agency by any person who owns, leases, or otherwise controls of operates on all or any portion of any mined lands and who plans to conduct surface mining operations on the lands. Prior to approving a surface mining operation’s reclamation plan or plan amendment, the lead agency shall submit it to the supervisor for review. (PRC §§2772, 2772.1)
- Requires every lead agency to 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, as provided. Requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months. (PRC §2774)
This bill:
- States legislative intent to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines, and to prevent indefinite delays in or avoidance of reclamation efforts.
- Defines the following terms:
- “Active” means surface mining operations occurred during the reporting year.
- “Construction aggregate material” means mineral materials capable of being used in construction that normally receive minimal processing, commonly washing and grading, and for which the ratio of transportation costs to the value of the processed material at the mine are typically not economically viable beyond 100 miles, including, but not limited to, sand, gravel, and crushed rock.
- “Idle” means formerly active, where surface mining operations did not occur during the reporting year with the intent to resume operations at a future date, as specified.
- “In the process of being reclaimed” means an operator has ceased surface mining operations and is implementing the reclamation plan, as specified.
- “Reserves” means that part of the resource base that could be economically extracted or produced within the foreseeable future and refers to permitted or vested resources, as provided.
- Authorizes a surface mining operation authorized for extraction of construction aggregate materials but currently idle, to apply for and request the division to review and approve an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
- The State Geologist determines the surface mining operation has an economically viable volume of reserves, as provided. Submitted proprietary information to support this determination shall not be disclosed to the public.
- The surface mining operation is not located on federal public land.
- The division has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
- The applicant pays the actual costs associated with the review, as specified.
- Approval of an application for Idle Reserve Mine Status does not renew the interim management plan or reduce existing financial assurance obligations, as specified.
- If the division concludes that all of the conditions in (a) - (e) of 3) above are met and comments on the application, and the lead agency approves an application for Idle Reserve Mine Status, authorizes the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years in addition to the specified time frames, as provided.
- Authorizes an operator’s interim management plan to remain in effect if a determination on its application for Idle Reserve Mine Status has not yet been made, as provided.
- Authorizes the board to adopt regulations to implement Idle Reserve Mine Status.
- On or before December 31, 2028 and annually thereafter, requires the division to compile and post on its internet website certain information related to surface mining operations for the preceding calendar year, including, among other provisions, how many were approved for Idle Reserve Mine Status, as specified.
- Requires the division to use information provided to it by lead agencies in compiling the information required by 7) to the extent feasible and to avoid duplicate effort. Authorizes the division to seek any additional information necessary from the lead agency.
- Sunsets 3) – 8) above on January 1, 2033
- Adds a mine with “Idle Reserve Mine Status” to existing lead agency inspection and operator financial assurance requirements. Requires a mine with “Idle Reserve Mine Status” to begin reclamation after the expiration of its interim management plan.
- Makes numerous technical and conforming changes. Includes legislative findings to limit public access to certain information provided in support of an application for Idle Reserve Mine Status.
[NOTE: Additional information regarding this bill can be found in the Senate Natural Resources and Water Committee’s analysis.]
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Ongoing costs of about $1 million in the first year and $987,000 annually thereafter until the January 1, 2032 sunset date (Mine Reclamation Account) for the Department of Conservation to develop regulations, review applications, and fulfill annual reporting requirements, among other things.
SUPPORT: (Verified 8/19/26)
California Construction and Industrial Materials Association (source)
A & A Ready Mix Concrete
Granite Construction
Graniterock
Holliday Rock
Knife River Construction
Lastrada Partners
Reed Family Companies, LLC
Robertson’s Ready Mix
Stevens Creek Quarry, Inc.
The California Asphalt Pavement Association
Vulcan Materials Company
OPPOSITION: (Verified 8/19/26)
None received
ARGUMENTS IN SUPPORT: According to the author, “Assembly Bill 982 is crucial for the continued success of our local mining industry and the construction projects that rely on it. By allowing mines across California to extend their operations, we ensure that valuable resources are preserved for future use, reducing unnecessary shutdowns and costly transportation. In rural districts like mine, where mines are spread far apart, the closure of any mine forces longer travel for resources, which increases emissions and makes it harder to attract investment in local construction projects. This bill will help keep construction materials local, reducing fuel consumption, CO2 emissions, and traffic congestion. By supporting AB 982, we’re investing in our local economy, job creation, and sustainable development, while ensuring that we have the resources to build the infrastructure our communities need and deserve.”
ASSEMBLY FLOOR: 78-1, 6/2/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Ávila Farías
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
8/24/26 13:22:09
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 982 |
THIRD READING
Bill No: AB 982
Author: Carrillo (D)
Amended: 8/29/25 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 7-0, 7/16/25
AYES: Limón, Seyarto, Allen, Grove, Hurtado, Laird, Stern
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 78-1, 6/2/25 - See last page for vote
SUBJECT: The Surface Mining and Reclamation Act of 1975: idle reserve mine status
SOURCE: California Construction and Industrial Materials Association
DIGEST:
This bill creates an “Idle Reserve Mine Status” of up to 10 years length for idle construction aggregate mines, and sunsets on January 1, 2032, among other provisions, as provided.
ANALYSIS:
Existing law:
- Establishes the Surface Mining and Reclamation Act of 1975 (SMARA) (Public Resources Code (PRC) §§2710 et seq.) that encourages the production, conservation, and protection of the state’s mineral resources, and requires annual reporting for all mines in the state. SMARA provides a comprehensive surface mining and reclamation policy with regulation of surface mining operations to ensure that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition.
- Establishes the State Mining and Geology Board (board), and the Division of Mine Reclamation (division) within the Department of Conservation. The division is led by the Supervisor of Mine Reclamation (supervisor). The board and division jointly administer SMARA. (PRC §§607, 2006.5)
- Requires the board to adopt regulations that establish state policy for the reclamation of mined lands, as provided. (PRC §2755)
- Requires the owner or operator of a mining operation within the state to annually forward to the supervisor information about the mining operation including its location; its status as active, idle, reclaimed, or in the process of being reclaimed; the commodities produced by the mine; approval date for the reclamation plan; and proof of financial assurance, among other requirements. Requires a lead agency to submit to the supervisor official copies of an approved reclamation plan or plan amendment, interim management plan, financial assurances, and other information, as provided. (PRC §§2207, 2774.2.5)
- Prohibits a person from conducting surface mining operations unless a permit is obtained from, a reclamation plan has been submitted and approved by, and financial assurance for reclamation have been approved by the lead agency, as provided. (PRC §2770)
- Requires, within 90 days of a surface mining operation becoming idle, the operator to submit an interim management plan to the lead agency for review. The approved interim management plan is an amendment to the surface mining operation’s approved reclamation plan. (PRC §2770(h)(1))
- Defines “idle” to mean that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved. (PRC §2727.1)
- Authorizes an interim management plan to remain in effect for up to 5 years, at which time the lead agency is required to either renew the interim management plan for up to another 5 years twice or require the operator to commence reclamation. (PRC §2770(h)(2))
- Requires lead agencies to obtain financial assurances, as specified, from the surface mining operation operator. Requires the financial assurance for the surface mine to remain in effect while it is idle. (PRC §§2770(h)(3), 2773.1)
- Requires a surface mining operation to be considered abandoned if it remains idle for more than one year without obtaining approval of an interim management plan, as specified. (PRC §2770(h)(6))
- Requires a reclamation plan to be filed with the lead agency by any person who owns, leases, or otherwise controls of operates on all or any portion of any mined lands and who plans to conduct surface mining operations on the lands. Prior to approving a surface mining operation’s reclamation plan or plan amendment, the lead agency shall submit it to the supervisor for review. (PRC §§2772, 2772.1)
- Requires every lead agency to 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, as provided. Requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months. (PRC §2774)
This bill:
- States legislative intent to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines, and to prevent indefinite delays in or avoidance of reclamation efforts.
- Defines the following terms:
- “Construction aggregate material” as cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.
- “Reserves” as that part of the resource base that could be economically extracted or produced within the foreseeable future and usually referring to permitted resources. The term “reserves” need not signify that extraction facilities are in place and operative.
- Authorizes a surface mining operation authorized for extraction of construction aggregate materials but currently idle, to apply for and request the division to review and approve an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
- The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs, as provided.
- The surface mining operation is not located on federal public land.
- The division has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
- If the division concludes that all of the conditions in (a) - (c) of 3) above are met and approves an application for Idle Reserve Mine Status, and if the lead agency concurs with the division’s review, authorizes the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years in addition to the specified time frames, as provided.
- Authorizes an operator’s interim management plan to remain in effect if a determination on its application for Idle Reserve Mine Status has not yet been made, as provided.
- Requires the board to adopt regulations to implement Idle Reserve Mine Status.
- On or before September 1, 2027 and annually thereafter, requires the division to compile and post on its internet website certain information related to surface mining operations for the preceding calendar year, including, among other provisions, how many were approved for Idle Reserve Mine Status, as specified.
- Requires the division to use information provided to it by lead agencies in compiling the information required by 7) to the extent feasible and to avoid duplicate effort. Authorizes the division to seek any additional information necessary from the lead agency.
- Requires the applicant for Idle Reserve Mine Status to pay the actual costs associated with the division’s review in addition to the required fees.
- Requires that the approval of an application for Idle Reserve Mine Status does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation, as provided.
- Adds a mine with “Idle Reserve Mine Status” to existing lead agency inspection and operator financial assurance requirements. Requires a mine with “Idle Reserve Mine Status” to begin reclamation after the expiration of its interim management plan.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Ongoing costs of about $1 million in the first year and $987,000 annually thereafter until the January 1, 2032 sunset date (Mine Reclamation Account) for the Department of Conservation to develop regulations, review applications, and fulfill annual reporting requirements, among other things.
SUPPORT: (Verified 8/29/25)
California Construction and Industrial Materials Association (source)
A & A Ready Mix Concrete
Granite Construction
Graniterock
Holliday Rock
Knife River Construction
Lastrada Partners
Reed Family Companies, LLC
Robertson’s Ready Mix
Stevens Creek Quarry, Inc.
The California Asphalt Pavement Association
Vulcan Materials Company
OPPOSITION: (Verified 8/29/25)
None received
ARGUMENTS IN SUPPORT: According to the author, “Assembly Bill 982 is crucial for the continued success of our local mining industry and the construction projects that rely on it. By allowing mines across California to extend their operations, we ensure that valuable resources are preserved for future use, reducing unnecessary shutdowns and costly transportation. In rural districts like mine, where mines are spread far apart, the closure of any mine forces longer travel for resources, which increases emissions and makes it harder to attract investment in local construction projects. This bill will help keep construction materials local, reducing fuel consumption, CO2 emissions, and traffic congestion. By supporting AB 982, we’re investing in our local economy, job creation, and sustainable development, while ensuring that we have the resources to build the infrastructure our communities need and deserve.”
ASSEMBLY FLOOR: 78-1, 6/2/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NOES: Ávila Farías
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
9/2/25 18:08:45
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 982 (Carrillo) - The Surface Mining and Reclamation Act of 1975: idle reserve mine status
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would create an “Idle Reserve Mine Status” of up to 10 years length for idle construction aggregate mines, among other provisions, as provided
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 29, 2025
Fiscal Impact:
- Ongoing costs of about $1 million in the first year and $987,000 annually thereafter until the January 1, 2032 sunset date (Mine Reclamation Account) for the Department of Conservation to develop regulations, review applications, and fulfill annual reporting requirements, among other things.
Committee Amendments:
These amendments would shorten the sunset from January 1, 2036 to January 1, 2032.
-- END --
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 982 (Carrillo) - The Surface Mining and Reclamation Act of 1975: idle reserve mine status
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would create an “Idle Reserve Mine Status” of up to 10 years length for idle construction aggregate mines, among other provisions, as provided.
Fiscal Impact:
- The Department of Conservation estimates ongoing costs of about $1 million in the first year and $987,000 ongoing (Mine Reclamation Account) to develop regulations, review applications, and fulfill annual reporting requirements, among other things.
Background:
According to the California Geological Survey, in 2022, about 634 active mines produced about $5.5B in “non-fuel mineral production” of which about 25% by value is construction aggregate. California is one of the largest producers of construction aggregate in the country. According to the California Construction and Industrial Materials Association (CalCIMA), there are approximately 1,000 mines capable of producing construction aggregate in the state. Demand for construction aggregate is highly cyclical and can fluctuate widely from year to year. If there is not a local source of aggregate, the aggregate has to be hauled to the construction site. Increased haul distances increase the cost to the customer, and result in increased emissions of combustion pollutants to the atmosphere. There are concerns that permitted mines, due to the high variability in demand, may become idle and run the risk of being forced into the reclamation process despite having substantial reserves remaining.
The Surface Mining and Reclamation Act of 1975 (SMARA). SMARA (Public Resources Code (PRC) §§2710 et seq.) encourages the production, conservation, and protection of the state’s mineral resources, and requires annual reporting for all mines in the state. SMARA provides a comprehensive surface mining and reclamation policy with regulation of surface mining operations to ensure that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition.
The Division of Mine Reclamation (division) and the State Mining and Geology Board (board) are jointly charged with ensuring proper administration of SMARA. The board promulgates regulations to clarify and interpret SMARA, and serves as a policy and appeals board. The division provides ongoing technical assistance for lead agencies and operators, maintains a database of mine locations, and is responsible for compliance-related matters.
Unique among most other states, in California the permitting and approval of reclamation plans for surface mining are undertaken by local governments acting as the lead agency. Under SMARA, a lead agency may be a city, county, the San Francisco Bay Conservation and Development Commission, or the board. Lead agencies have the primary responsibility for the administration and enforcement of SMARA. As of 2017, 95 lead agencies included 55 counties, 39 cities, and the board.
Under SMARA, mine operators must submit a reclamation plan for review and approval by local lead agencies and the division. The law requires that mines be regularly inspected for compliance with their reclamation plans. Mine operators pay annual fees and must provide financial assurances to ensure that adequate funding will be available to reclaim a mine site.
SMARA’s requirements apply to anyone, including government agencies, engaged in surface mining operations in California (including those on federally managed lands) which disturb more than one acre or remove more than 1,000 cubic yards of material. This includes, but is not limited to: prospecting and exploratory activities, dredging and quarrying, streambed skimming, borrow pitting, and the stockpiling of mined materials.
Idle mines. Under current law, mine operators can suspend their operations and idle their mines when it is not commercially viable to continue mining. Providing for idle status also helps prevent the abandonment of mines and ensure regulatory oversight and inspections continue until the mine is reclaimed. An operator can submit an interim management plan for approval, and, if approved, can maintain that status for up to 5 years so long as certain fees are paid, financial assurances remain in effect, and inspections continue. This status can only be renewed two additional 5-year periods prior to the mine having to be reclaimed. This change was designed to prevent operators from using the interim management plan procedures to delay or avoid final reclamation obligations. Under these reform measures, a mine can remain idle up to 15 consecutive years.
Proposed Law:
This bill would, until January 1, 2036, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and approve an application for “Idle Reserve Mine Status” if specified conditions are met. If the division concludes that all of the specified conditions are met and approves the application for “Idle Reserve Mine Status,” and if the lead agency concurs with the division’s review and other specified conditions are met, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would require the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to compile and post on its internet website specified information.
Related Legislation:
AB 580 (Wallis, 2025) would extend, until January 1, 2051, the sunset date on the authority for the Metropolitan Water District of Southern California to develop a single master reclamation plan to comply with its obligations under SMARA.
AB 442 (Mayes, Chapter 166, Statutes of 2021) until January 1, 2026, allows the Metropolitan Water District of Southern California to prepare a single master reclamation plan for its earth moving operations conducted on lands it owns or leases, or upon which easements or rights-of way were granted to Metropolitan, as provided.
SB 1133 (Wolk, Chapter 235, Statutes of 2016) eliminates the sunset date and retains the annual reporting requirement and other requirements per SMARA for the Cache Creek Resources Management Plan to serve as a 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.
SB 209 (Pavley, Chapter 8, Statutes of 2016) makes numerous changes to SMARA that are all part of the year-long stakeholder process convened by the Governor’s office in 2015 to recommend substantive and procedural changes to the state’s mining laws.
AB 1034 (Obernolte, Chapter 595, Statutes of 2015) requires a lead agency to consider the construction and operation of a renewable energy generation facility on disturbed mined lands to be an interim use and would prohibit a lead agency from requiring an amendment to an approved reclamation plan if specified criteria are met.
SB 447 (Lara, Chapter 417, Statutes of 2013) allows, until January 1, 2019, a surface mining operator, whose operations are not in compliance with its approved reclamation plan, to continue to sell mining products to a state or local agency if the operator stipulates to an order to comply with the lead agency and/or the Department of Conservation, and also requires legislative reports regarding SMARA, as provided.
SB 143 (Rubio, Chapter 324, Statutes of 2012) limits the renewal of an idle surface mining operation’s Interim Management Plan to one additional five-year renewal period at the expiration of the first five-year renewal period.
SB 108 (Rubio, Chapter 491, Statutes of 2011) amended the definition of an idle mine by taking a snapshot of a five-year period, rather than the life of the mine, to determine if production has been curtailed to the point where the interim management plan requirements apply; allowed a mining operation that was considered abandoned prior to January 1, 2013, to be returned to idle status if an interim management plan is approved by July 1, 2013, and various requirements, as specified, are met, among other provisions.
SB 649 (Kuehl, Chapter 794, Statutes of 2003) prohibits operators of surface mines who are not in compliance with SMARA from selling California-mined materials to local agencies; increases the annual reporting fees on operators; and creates a new fee for precious metals ($5 per ounce of gold and 10¢ per ounce of silver) to be used for the remediation of abandoned mines.
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Monique Limón, Chair
2025 - 2026 Regular
Bill No: AB 982 Hearing Date: July 16, 2025
Author: | Carrillo | ||
Version: | April 7, 2025 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Katharine Moore | ||
Subject: The Surface Mining and Reclamation Act of 1975: idle reserve mine status
SUMMARY
This bill would create an “Idle Reserve Mine Status” of up to 10 years length for idle construction aggregate mines, among other provisions, as provided.
BACKGROUND AND EXISTING LAW
Mining in California
According to the California Geological Survey, in 2022, about 634 active mines produced about $5.5B in “non-fuel mineral production” of which about 25% by value is construction aggregate. California is one of the largest producers of construction aggregate in the country. According to the California Construction and Industrial Materials Association (CalCIMA), there are approximately 1,000 mines capable of producing construction aggregate in the state. Demand for construction aggregate is highly cyclical and can fluctuate widely from year to year. If there is not a local source of aggregate, the aggregate has to be hauled to the construction site. Increased haul distances increase the cost to the customer, and result in increased emissions of combustion pollutants to the atmosphere. There are concerns that permitted mines, due to the high variability in demand, may become idle and run the risk of being forced into the reclamation process despite having substantial reserves remaining.
The Surface Mining and Reclamation Act of 1975 (SMARA)
SMARA (Public Resources Code (PRC) §§2710 et seq.) encourages the production, conservation, and protection of the state’s mineral resources, and requires annual reporting for all mines in the state. SMARA provides a comprehensive surface mining and reclamation policy with regulation of surface mining operations to ensure that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition.
The Division of Mine Reclamation (division) and the State Mining and Geology Board (board) are jointly charged with ensuring proper administration of SMARA. The board promulgates regulations to clarify and interpret SMARA, and serves as a policy and appeals board. The division provides ongoing technical assistance for lead agencies and operators, maintains a database of mine locations, and is responsible for compliance-related matters.
Unique among most other states, in California the permitting and approval of reclamation plans for surface mining are undertaken by local governments acting as the lead agency. Under SMARA, a lead agency may be a city, county, the San Francisco Bay Conservation and Development Commission, or the board. Lead agencies have the primary responsibility for the administration and enforcement of SMARA. As of 2017, 95 lead agencies included 55 counties, 39 cities, and the board.
Under SMARA, mine operators must submit a reclamation plan for review and approval by local lead agencies and the division. The law requires that mines be regularly inspected for compliance with their reclamation plans. Mine operators pay annual fees and must provide financial assurances to ensure that adequate funding will be available to reclaim a mine site.
SMARA’s requirements apply to anyone, including government agencies, engaged in surface mining operations in California (including those on federally managed lands) which disturb more than one acre or remove more than 1,000 cubic yards of material. This includes, but is not limited to: prospecting and exploratory activities, dredging and quarrying, streambed skimming, borrow pitting, and the stockpiling of mined materials.
Idle mines
Under current law, mine operators can suspend their operations and idle their mines when it is not commercially viable to continue mining. Providing for idle status also helps prevent the abandonment of mines and ensure regulatory oversight and inspections continue until the mine is reclaimed. An operator can submit an interim management plan for approval, and, if approved, can maintain that status for up to 5 years so long as certain fees are paid, financial assurances remain in effect, and inspections continue. This status can only be renewed two additional 5-year periods prior to the mine having to be reclaimed. This change was designed to prevent operators from using the interim management plan procedures to delay or avoid final reclamation obligations. Under these reform measures, a mine can remain idle up to 15 consecutive years.
Existing law:
- Establishes the board, and the division within the Department of Conservation. The division is led by the Supervisor of Mine Reclamation (supervisor). (PRC §§607, 2006.5)
- Authorizes the State Geologist, among other things, to make, facilitate, and encourage special studies of the mineral resources, mineral industries, and geology of the state. (PRC §2205)
- States the continuing policy of the state in the interest of the wise use of mineral resources and for other sound conservation activities, as provided. (PRC §2650)
- Requires the board to adopt regulations that establish state policy for the reclamation of mined lands, as provided. (PRC §2755)
- Defines "reclamation" as 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 which 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, stabilization, or other measures.
- Requires the owner or operator of a mining operation within the state to annually forward to the supervisor information about the mining operation including its location; its status as active, idle, reclaimed, or in the process of being reclaimed; the commodities produced by the mine; approval date for the reclamation plan; and proof of financial assurance, among other requirements. Requires a lead agency to submit to the supervisor official copies of an approved reclamation plan or plan amendment, interim management plan, financial assurances, and other information, as provided. (PRC §§2207, 2774.2.5)
- Prohibits a person from conducting surface mining operations unless a permit is obtained from, a reclamation plan has been submitted and approved by, and financial assurance for reclamation have been approved by the lead agency, as provided. (PRC §2770)
- Requires lead agencies to conduct annual mine inspections to determine compliance with SMARA.
- Requires the board to impose an annual reporting fee for each active or idle mining operation.
- Requires, within 90 days of a surface mining operation becoming idle, the operator to submit an interim management plan to the lead agency for review. The approved interim management plan is an amendment to the surface mining operation’s approved reclamation plan. (PRC §2770(h)(1))
- Defines “idle” to mean that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved. (PRC §2727.1)
- Authorizes an interim management plan to remain in effect for up to 5 years, at which time the lead agency is required to either renew the interim management plan for up to another 5 years twice or require the operator to commence reclamation. (PRC §2770(h)(2))
- Requires lead agencies to obtain financial assurances, as specified, from the surface mining operation operator. Requires the financial assurance for the surface mine to remain in effect while it is idle. (PRC §§2770(h)(3), 2773.1)
- Requires a surface mining operation to be considered abandoned if it remains idle for more than one year without obtaining approval of an interim management plan, as specified. (PRC §2770(h)(6))
- Requires a reclamation plan to be filed with the lead agency by any person who owns, leases, or otherwise controls of operates on all or any portion of any mined lands and who plans to conduct surface mining operations on the lands. Prior to approving a surface mining operation’s reclamation plan or plan amendment, the lead agency shall submit it to the supervisor for review. (PRC §§2772 2772.1)
- Requires every lead agency to 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, as provided. Requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months. (PRC §2774)
- Requires the board to exercise some or all of a lead agency’s powers under SMARA if the board finds that the lead agency has failed to inspect surface mining operations or other steps. (PRC §2774.4)
PROPOSED LAW
This bill would create an “Idle Reserve Mine Status” of up to 10 years length for idle construction aggregate mines, among other provisions, as provided.
Specifically, this bill would:
- State legislative intent to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines rather than allowing for indefinite delays in or avoidance of reclamation efforts.
- Define the following terms:
- “Construction aggregate material” as cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.
- “Reserves” as that part of the resource base that could be economically extracted or produced within the foreseeable future and usually referring to permitted resources. The term “reserves” need not signify that extraction facilities are in place and operative.
- Authorize a surface mining operation authorized for extraction of construction aggregate materials but currently idle, to apply for and request the division to review and approve an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
- The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs.
- The surface mining operation is not located on federal public land.
- The division has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
- If the division concludes that all of the conditions in (a) - (c) of 3) above are met and approves an application for Idle Reserve Mine Status, and if the lead agency concurs with the division’s review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years in addition to the specified time frames if both of the following conditions are met:
- The applicant pays actual costs associated with the division’s review in addition to the required fees.
- The approval of an application for Idle Reserve Mine Status does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this bill.
- Require the lead agency to inspect a mine with approved Idle Reserve Mine Status in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with SMARA.
ARGUMENTS IN SUPPORT
According to the author, “Assembly Bill 982 is crucial for the continued success of our local mining industry and the construction projects that rely on it. By allowing mines across California to extend their operations, we ensure that valuable resources are preserved for future use, reducing unnecessary shutdowns and costly transportation. In rural districts like mine, where mines are spread far apart, the closure of any mine forces longer travel for resources, which increases emissions and makes it harder to attract investment in local construction projects. This bill will help keep construction materials local, reducing fuel consumption, CO2 emissions, and traffic congestion. By supporting AB 982, we’re investing in our local economy, job creation, and sustainable development, while ensuring that we have the resources to build the infrastructure our communities need and deserve.”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Balancing competing priorities. One of the goals of the SMARA reforms during the Brown Administration was to limit how long a surface mining operation could be idle prior to reclamation, at least in part to minimize the risk to the state of the operation becoming abandoned. This is the motivation for the cap on the number of times idle status could be renewed without returning to active status for a surface mining operation. On the other hand, given the weight of construction aggregate, it is also in the state’s interest to minimize how far construction aggregate travels from quarry to construction site, and to not force the reclamation of sites while economically viable reserves remain. The new Idle Reserve Mine Status means a mine can be idle for 25 consecutive years prior to reclamation. To be sure, a mine with idle status can still be used for production – just not much.
Construction aggregate facilities have been particularly prone to becoming idle, due to spikes in production from large infrastructure projects. The statutory definition of idle is a fall to less than 10% of a mining operation’s maximum production of the five prior years when an interim management plan has not been approved. Spike production can significantly raise the bar on the minimum production needed to maintain at least 10% of the spike and not be idle. This can result in a site being forced into idle status, based on a single year of high production for a large infrastructure project. Further the construction materials market has seen significant reductions in construction aggregate demand in recent decades.
CalCIMA, the bill sponsor, believes that the impact of current law on operations whose mineral reserves are not currently needed for active mineral production, but which have significant amounts of mineral reserves still available, is forced, premature reclamation of essential, already-permitted mineral resources.
Scope of need unclear. The bill sponsors indicated that on the order of 70 – 100 construction aggregate mines, based upon their review of the division’s records, might be candidates for idle reserve mine status. While the division’s online interactive map is helpful at identifying and reviewing available information for individual mines, it does not yet provide aggregated data. Existing reporting requirements suggest that the division ought to have all of the information available to it to track how long a mine has been active or idle. It is difficult for the Legislature to make informed decisions about necessary updates to SMARA without there being better data available to it. There is also an argument to provide an opportunity for the Legislature to assess the need for idle reserve mine status and any implementation issues, particularly the potential for a processing bottleneck with the limitation on the number of applications processed annually, after the new status has been in effect for a reasonable amount of time.
In view of this, the Committee may wish to amend the bill to add a 10 year sunset and require an ongoing reporting requirement to understand the need for idle reserve mine status. [Amendment #2]
Technical amendments. The Committee may wish to amend the bill to make a series of clarifying and technical amendments to require that reserves may only be counted if they are part of an existing reclamation or interim mine status plan, and clarify that the board will use its existing authority to promulgate regulations to implement the idle reserve mine status, among others. [Amendments #1 and #2]
Related legislation.
AB 580 (Wallis, 2025) would extend, until January 1, 2051, the sunset date on the authority for the Metropolitan Water District of Southern California to develop a single master reclamation plan to comply with its obligations under SMARA. (This bill is pending before this Committee.)
AB 442 (Mayes, Chapter 166, Statutes of 2021) until January 1, 2026, allows the Metropolitan Water District of Southern California to prepare a single master reclamation plan for its earth moving operations conducted on lands it owns or leases, or upon which easements or rights-of way were granted to Metropolitan, as provided.
SB 1133 (Wolk, Chapter 235, Statutes of 2016) eliminates the sunset date and retains the annual reporting requirement and other requirements per SMARA for the Cache Creek Resources Management Plan to serve as a 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.
SB 209 (Pavley, Chapter 8, Statutes of 2016) makes numerous changes to SMARA that are all part of the year-long stakeholder process convened by the Governor’s office in 2015 to recommend substantive and procedural changes to the state’s mining laws.
AB 1034 (Obernolte, Chapter 595, Statutes of 2015) requires a lead agency to consider the construction and operation of a renewable energy generation facility on disturbed mined lands to be an interim use and would prohibit a lead agency from requiring an amendment to an approved reclamation plan if specified criteria are met.
SB 447 (Lara, Chapter 417, Statutes of 2013) allows, until January 1, 2019, a surface mining operator, whose operations are not in compliance with its approved reclamation plan, to continue to sell mining products to a state or local agency if the operator stipulates to an order to comply with the lead agency and/or the Department of Conservation, and also requires legislative reports regarding SMARA, as provided.
SB 143 (Rubio, Chapter 324, Statutes of 2012) limits the renewal of an idle surface mining operation’s Interim Management Plan to one additional five-year renewal period at the expiration of the first five-year renewal period.
SB 108 (Rubio, Chapter 491, Statutes of 2011) amended the definition of an idle mine by taking a snapshot of a five-year period, rather than the life of the mine, to determine if production has been curtailed to the point where the interim management plan requirements apply; allowed a mining operation that was considered abandoned prior to January 1, 2013, to be returned to idle status if an interim management plan is approved by July 1, 2013, and various requirements, as specified, are met, among other provisions.
SB 649 (Kuehl, Chapter 794, Statutes of 2003) prohibits operators of surface mines who are not in compliance with SMARA from selling California-mined materials to local agencies; increases the annual reporting fees on operators; and creates a new fee for precious metals ($5 per ounce of gold and 10¢ per ounce of silver) to be used for the remediation of abandoned mines.
SUGGESTED AMENDMENTS
AMENDMENT 1
Revise Section 1 to read:
SECTION 1. It is the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines and not rather than allowing for indefinite delays in or avoidance of reclamation efforts.
AMENDMENT 2
Revise proposed PRC section 2770(h) to read:
(h) (1) Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. 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 only provide for necessary measures the operator will implement during its idle status 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.
(C) (i) A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the division to review and approve an application for “Idle Reserve Mine Status” to determine whether all of the following conditions are met:
(I) The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs. No reserves not included in an approved reclamation plan or interim management plan qualify for the State Geologist’s determination.
(II) The surface mining operation is not located on federal public land.
(III) The division has previously received fewer than 12 applications for “Idle Reserve Mine Status” within the same fiscal year in which the subject application is received.
(ii) If the division concludes that all of the conditions in subclauses (I) to (III), inclusive, of clause (i) are met and approves an application for “Idle Reserve Mine Status,” and if the lead agency concurs with the division’s review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the timeframes in subparagraph (A) if both of the following conditions are met:
(I) The applicant pays actual costs associated with the division’s review in addition to the fees required pursuant to Section 2207.
(II) The approval of an application for “Idle Reserve Mine Status” does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this chapter.
(iii) If a surface mining operation has acted in good faith pursuant to clause (i) and a determination on its application for “Idle Reserve Mine Status” has not yet been made pursuant to clause (ii), the surface mining operation’s interim management plan may remain in effect until a determination has been made.
(iv) The board shall adopt regulations to implement clauses (i) and (ii).
(v) On or by September 1, 2027 and annually thereafter, the division shall compile the following information as of the end of the preceding calendar year and post it on the division’s Internet web-site:
(I) The active mines by county, including the length of time in operation, and status of the reclamation plan and financial assurance for each mine.
(II) The idle mines by county, including the length of time in idle status, and status of the interim management plan and financial assurance for each mine.
(III) The idle reserve mine status by county, including the length of time in idle reserve mine status, and status of the interim management plan and financial assurance for each mine.
(IV) The number of mines approved for idle reserve mine status during that year.
(V) The number of mines seeking idle reserve mine status during that year, and the number of mines waiting to be processed for idle reserve mine status during that year.
(VI) The mines by county that moved from idle or idle reserve mine status to another status and the identification of that status.
(vi) To the extent feasible and to avoid duplicative effort, the division shall utilize information required to be provided to the division pursuant to section 2774.2.5 in compiling the information required in clause (v). The division may seek any additional information necessary from any lead agency.
(vii) This subparagraph shall sunset on January 1, 2036. Any mines with Idle Reserve Mine Status as of that date may retain that status for the remaining portion of the 10 year time period after that date.
SUPPORT
California Construction and Industrial Materials Association (CalCIMA) (sponsor)
A & A Ready Mix Concrete
Granite Construction
Graniterock
Holliday Rock
Knife River Construction
Lastrada Partners
Reed Family Companies, LLC
Robertson’s Ready Mix
Stevens Creek Quarry, Inc.
The California Asphalt Pavement Association
Vulcan Materials Company
OPPOSITION
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 982
Author:(Carrillo)
As Amended Ver:April 7, 2025
Majority vote
SUMMARY
Authorizes a surface mining operation to apply for and request the Division of Mine Reclamation (DMR) to review and approve an application for Idle Reserve Mine Status.
Major Provisions
- Authorizes a surface mining operation authorized for extraction of construction aggregate materials but currently idle, to apply for and request the DMR to review and approve an application for Idle Reserve Mine Status to determine whether specified conditions are met.
- Requires the lead agency to inspect a mine with approved Idle Reserve Mine Status in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with the Surface Mining and Reclamation Act (SMARA).
COMMENTS
SMARA provides a comprehensive surface mining and reclamation policy with the regulation of surface mining operations to assure that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition.
Under current law, mine operators can hit "pause" on their operations and idle their mines when/while it is not commercially viable to continue mining. Providing for idle status also helps prevent the abandonment of mines and ensure regulatory oversight and inspections continue until the mine is reclaimed.
This bill creates a new Idle Mine Reserve Status for which a mine, irrespective of any historic IMPs, can be idle for an additional 10 years beyond the existing idle timeframes (up to 15 years). In other words, with this bill, a mine can be idle for up to 25 years, and then be eligible or future idle years after activation, should the market decline for the mines materials.
Construction aggregate facilities have been particularly prone to becoming idle, due to spikes in production from large infrastructure projects. The statutory definition of idle is a fall to less than 10% of a mining operation's maximum production of the five prior years when an interim management plan (IMP) has not been approved. Spike production can significantly raise the bar on the minimum production needed to maintain at least 10% of the spike and not be idle. This can result in a site being forced into idle status, based on a single year of high production for a large infrastructure project. Further the construction materials market has seen significant reductions in construction aggregate demand in recent decades.
The bill covers surface mining operations authorized for extraction of construction aggregate materials that are currently idle. (Secondary production of gold which does occur through gravity and water separation in some watersheds, would not preclude eligibility if authorized for construction aggregates.) According to California Construction & Industrial Materials Association (CalCIMA), there are approximately 100 operations in the state that could be eligible for the proposed Idle Mine Reserve Status.
Under current law, all surface mining operations must have financial assurances for reclamation that are approved by the lead agency, and the financial assurances are required to remain in effect during the period that the surface mining operation is idle. Additionally, within 30 days of an annual inspection, an operator is required to provide an annual financial assurance cost estimate to the lead agency for review. There are concerns that extending idle mines another 10 years further enables an operator to push off reclamation responsibilities.
According to the Author
Assembly Bill 982 is crucial for the continued success of our local mining industry and the construction projects that rely on it. By allowing mines across California to extend their operations, we ensure that valuable resources are preserved for future use, reducing unnecessary shutdowns and costly transportation. In rural districts like mine, where mines are spread far apart, the closure of any mine forces longer travel for resources, which increases emissions and makes it harder to attract investment in local construction projects. This bill will help keep construction materials local, reducing fuel consumption, CO2 emissions, and traffic congestion. By supporting AB 982, we're investing in our local economy, job creation, and sustainable development, while ensuring that we have the resources to build the infrastructure our communities need and deserve.
Arguments in Support
CalCIMA strongly supports AB 982 (Carrillo) related to idle reserve mine status, an important measure to maintain the supply chain of construction materials needed to rebuild and maintain California's critical infrastructure, including roads and highways, bridges, sidewalks, airports, public transit, drinking water and wastewater infrastructure, dams, reservoirs, utility infrastructure, commercial buildings, housing, and health care facilities.
Arguments in Opposition
None on file
FISCAL COMMENTS
According to the Assembly Appropriations Committee, the California Geological Survey (CGS) will incur ongoing costs to implement this bill. The Department of Conservation (DOC) notes that while DMR's costs are likely minor and absorbable, CGS will incur costs of approximately $1 million in the first year and $987,000 in year two and ongoing for (1) four new staff to review up to 12 applications per year for idle reserve mine status, (2) contracts with external laboratories to help test and confirm mineral reserves, (3) consulting fees for economic analysis, and (4) software and IT needs. CGS reports the new staff will consist of two engineering geologists to support the State Geologist in reviewing applications, one research data specialist to support geographic information systems data analysis and mapping, and one senior engineering geologist to supervise the program and undertake infrastructure needs demand projections and resource sustainability assessments.
The bill requires an applicant to pay the costs associated with the application review, in addition to fees required pursuant to Public Resources Code section 2207. To effectuate this cost recovery, DMR would need to develop a fee schedule and internal processes to collect fees from applicants. Because the number of applications may vary every year, it is possible application fees may be insufficient to fully cover CGS and DMR's administrative and staff workload costs. These entities may need to seek funding and reimbursement authority from the existing Mine Reclamation Account, which is funded by the aforementioned PRC 2207 fees. These annual, tiered fees are paid by each active and idle surface mining operation in the state.
VOTES
ASM NATURAL RESOURCES: 14-0-0
YES: Bryan, Alanis, Connolly, Ellis, Flora, Garcia, Haney, Hoover, Kalra, Muratsuchi, Pellerin, Schultz, Wicks, Zbur
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa
ABS, ABST OR NV: Sanchez
UPDATED
VERSION: April 7, 2025
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0000727
Date of Hearing: May 7, 2025
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 982
Author:(Carrillo) – As Amended Ver:April 7, 2025
Policy Committee: | Natural Resources | Vote: | 14 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill authorizes a surface mining operation to apply for and request the Division of Mine Reclamation (DMR) to review and approve an application for “idle reserve mine status.”
Specifically, this bill, among other things:
- Authorizes a surface mining operation authorized for extraction of construction aggregate materials but currently idle to apply for and request DMR to review and approve an application for idle reserve mine status to determine whether all of the following conditions are met:
- The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs.
- The surface mining operation is not located on federal public land.
- DMR has previously received fewer than 12 applications for idle reserve mine status within the same fiscal year in which the subject application is received.
- If DMR concludes that all of the conditions in items 1, 2, and 3, above, are met and approves an application for idle reserve mine status, and if the lead agency concurs with DMR’s review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years in addition to specified timeframes if both of the following conditions are met:
- The applicant pays actual costs associated with DMR’s review in addition to other required fees.
- The approval of an application for idle reserve mine status does not renew the interim management plan for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to existing law.
- Requires specified financial assurances to remain in effect during the period that the surface mining operation is idle or in idle reserve mine status. Requires the operator, if the surface mining operation is still idle or in idle reserve mine status after the expiration of its interim management plan, to commence reclamation in accordance with its approved reclamation plan.
- Requires the lead agency to inspect a mine with approved idle reserve mine status in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with the Surface Mining and Reclamation Act (SMARA).
FISCAL EFFECT:
The California Geological Survey (CGS) will incur ongoing costs to implement this bill. The Department of Conservation (DOC) notes that while DMR’s costs are likely minor and absorbable, CGS will incur costs of approximately $1 million in the first year and $987,000 in year two and ongoing for (1) four new staff to review up to 12 applications per year for idle reserve mine status, (2) contracts with external laboratories to help test and confirm mineral reserves, (3) consulting fees for economic analysis, and (4) software and IT needs. CGS reports the new staff will consist of two engineering geologists to support the State Geologist in reviewing applications, one research data specialist to support geographic information systems data analysis and mapping, and one senior engineering geologist to supervise the program and undertake infrastructure needs demand projections and resource sustainability assessments.
The bill requires an applicant to pay the costs associated with the application review, in addition to fees required pursuant to Public Resources Code section (PRC §) 2207. To effectuate this cost recovery, DMR would need to develop a fee schedule and internal processes to collect fees from applicants. Because the number of applications may vary every year, it is possible application fees may be insufficient to fully cover CGS and DMR’s administrative and staff workload costs. These entities may need to seek funding and reimbursement authority from the existing Mine Reclamation Account, which is funded by the aforementioned PRC § 2207 fees. These annual, tiered fees are paid by each active and idle surface mining operation in the state.
COMMENTS:
1) Purpose. According to the author:
Assembly Bill 982 is crucial for the continued success of our local mining industry and the construction projects that rely on it. By allowing mines across California to extend their operations, we ensure that valuable resources are preserved for future use, reducing unnecessary shutdowns and costly transportation. In rural districts like mine, where mines are spread far apart, the closure of any mine forces longer travel for resources, which increases emissions and makes it harder to attract investment in local construction projects. This bill will help keep construction materials local, reducing fuel consumption, CO2 emissions, and traffic congestion.
2) Background.
SMARA. The Legislature enacted SMARA to address the need for a continuing supply of mineral resources, and to prevent or minimize the negative impacts of surface mining to public health, property, and the environment. DMR and the State Mining and Geology Board (SMGB) jointly administer the act. SMARA’s requirements apply to anyone, including government agencies, engaged in surface mining operations in California that disturb more than one acre or remove more than 1,000 cubic yards of material.
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. Annual reports and inspections are intended to ensure that operators are making progress toward reclamation. Financial assurances are required to ensure there will be resources available to reclaim the mine. The state and lead agencies have an interest in properly reclaimed mines, because a surface mine is a large hole in the ground and can have many dangerous features. If a mine is reclaimed, the land can be returned to another use. If it is not, the state or lead agency could be responsible for protecting the public from the dangers of the mine as well as cleaning up and reclaiming the mine.
Idle Mines. Under current law, mine operators can hit “pause” on their operations and idle their mines when it is not commercially viable to continue mining. Providing for idle status also helps prevent the abandonment of mines and ensures regulatory oversight and inspections continue until the mine is reclaimed. A mine can remain idle for up to 15 years.
The California Construction and Industrial Materials Association (CALCIMA), the sponsor of this bill, notes that, under current law, aggregate facilities may shut down prematurely with significant resources still available due to statutory limitations placed on low-production facilities. However, demand for construction aggregate is dependent upon the needs of the communities surrounding it, “which frequently experience market fluctuations from year to year due to a variety of unpredictable factors, including natural disasters, housing needs, economic conditions, labor shortages, and supply chain disruptions.”
This bill creates a new idle mine reserve status for which a mine can be idle for an additional 10 years beyond the existing 15-year limit – subject to approval by a local lead agency and the State Geologist – while maintaining existing long-term reclamation commitments, financial assurances, and inspection requirements. The bill covers surface mining operations authorized for extraction of construction aggregate materials that are currently idle. According to CalCIMA, there are approximately 100 operations in the state that could be eligible for the proposed idle mine reserve status.
Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081
Date of Hearing: April 21, 2025
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
ABPCA Bill Id:AB 982 (
Author:Carrillo) – As Amended Ver:April 7, 2025
SUBJECT: The Surface Mining and Reclamation Act of 1975: idle reserve mine status
SUMMARY: Authorizes a surface mining operation to apply for and request the Division of Mine Reclamation (DMR) to review and approve an application for Idle Reserve Mine Status.
EXISTING LAW, pursuant to the Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resources Code 2710-2796):
- 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.
- Defines "reclamation" as 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 which 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, stabilization, or other measures.
- Requires the Board to impose an annual reporting fee for each active or idle mining operation.
- Requires the Board to adopt regulations that establish state policy for the reclamation of mined lands in accordance with the intent of SMARA.
- 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.
- 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.
- Requires lead agencies to conduct annual mine inspections to determine compliance with SMARA.
- Defines “idle” when an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90% of its maximum annual mineral production within any of the last five years during which an interim management plan (IMP) has not been approved.
- Requires, within 90 days of a surface mining operation becoming idle, the operator to submit an IMP to the lead agency for review. Provides that the IMP review and approval is not considered a project for purposes of the California Environmental Quality Act (CEQA). Provides that the IMP is considered an amendment to the surface mining operation’s approved reclamation plan.
- Allows the IMP to remain in effect for a period not to exceed five years, at which time the lead agency shall renew the IMP for an additional period up to five years, which may be renewed for one additional five-year renewal period at the expiration of the first five-year renewal period, or require the operator to commence with reclamation.
- Require financial assurances to remain in effect while the mine is idle.
- Establishes a process for the lead agency to submit to the supervisor of DMR for review and certification of the IMP.
THIS BILL:
- States the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines rather than allowing for indefinite delays in or avoidance of reclamation efforts.
- Defines the following terms:
- “Construction aggregate material” as cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.
- “Reserves” as that part of the resource base that could be economically extracted or produced within the foreseeable future and usually referring to permitted resources. The term reserves need not signify that extraction facilities are in place and operative.
- Authorizes a surface mining operation authorized for extraction of construction aggregate materials but currently idle, to apply for and request the DMR to review and approve an application for Idle Reserve Mine Status to determine whether all of the following conditions are met:
- The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs.
- The surface mining operation is not located on federal public land.
- The DMR has previously received fewer than 12 applications for Idle Reserve Mine Status within the same fiscal year in which the subject application is received.
- If DMR concludes that all of the conditions in (a) and (b) above are met and approves an application for Idle Reserve Mine Status, and if the lead agency concurs with the DMR’s review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years in addition to the specified time frames if both of the following conditions are met:
- The applicant pays actual costs associated with the DMR’s review in addition to the required fees.
- The approval of an application for Idle Reserve Mine Status does not renew the IMP for a period beyond the effective term of any applicable surface mining permit or reduce existing financial assurance obligations for reclamation pursuant to this bill.
- If DMR concludes that all of the conditions in (a) and (b) above are met and approves an application for Idle Reserve Mine Status, and if the lead agency concurs with the DMR’s review, the lead agency may extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years in addition to the specified time frames if both of the following conditions are met:
- Requires the lead agency to inspect a mine with approved Idle Reserve Mine Status in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with SMARA.
FISCAL EFFECT: Unknown
COMMENTS:
- Author’s statement:
Assembly Bill 982 is crucial for the continued success of our local mining industry and the construction projects that rely on it. By allowing mines across California to extend their operations, we ensure that valuable resources are preserved for future use, reducing unnecessary shutdowns and costly transportation. In rural districts like mine, where mines are spread far apart, the closure of any mine forces longer travel for resources, which increases emissions and makes it harder to attract investment in local construction projects. This bill will help keep construction materials local, reducing fuel consumption, CO2 emissions, and traffic congestion. By supporting AB 982, we’re investing in our local economy, job creation, and sustainable development, while ensuring that we have the resources to build the infrastructure our communities need and deserve.
- Mining in California. According to the Legislative Analyst’s Office, it was estimated that there were 47,000 abandoned mines in California in 2002, most of which dated from the late 19th and early 20th centuries. Today, there are 3,35 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. Annual reports and inspections are intended to ensure that mining operators are making progress toward reclamation. Financial assurances are required to make sure there will be resources available to reclaim the mine. The state and lead agencies have an interest in properly reclaimed mines, because a surface mine is a large hole in the ground and can have many dangerous features. If the mine is reclaimed, the land can be returned to another use. If it is not, the state or the lead agency could be responsible for protecting the public from the dangers of the mine, cleaning up the mine, and reclaiming the mine.
- SMARA. This suite of laws provides a comprehensive surface mining and reclamation policy with the regulation of surface mining operations to assure that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition. DMR and the Board are jointly charged with ensuring proper administration of SMARA’s requirements. The Board promulgates regulations to clarify and interpret SMARA’s provisions, and also serves as a policy and appeals board. DMR provides an ongoing technical assistance program for lead agencies and operators, maintains a database of mine locations and operational information statewide, and is responsible for compliance related matters.
- Current law for idle mines. Under current law, mine operators can hit “pause” on their operations and idle their mines when/while it is not commercially viable to continue mining. Providing for idle status also helps prevent the abandonment of mines and ensure regulatory oversight and inspections continue until the mine is reclaimed.
In 2011, the Legislature adopted SB 108 (Rubio), Chapter 491, Statutes of 2011, to amend the definition of an idle mine by taking a snapshot of a five-year period, rather than the life of the mine, to determine if production has been curtailed to the point where the IMP requirements should apply. The revised definition defined “idle mines” as those at which operations are curtailed for a period of one year or more by more than 90% of the maximum annual mineral production within any of the last five years during which an IMP has not been approved and where there is an intent to resume surface mining operations at a future date.
The Legislature also adopted SB 143 (Rubio), Chapter 324, Statutes of 2012, to limit the total number of renewals of an IMP to two additional 5-year periods. This change was designed to prevent operators from using the IMP procedures to delay or avoid final reclamation obligations. Under these reform measures, a mine can remain idle up to 15 consecutive years.
- Idle reserve mine status. This bill creates a new Idle Mine Reserve Status for which a mine, irrespective of any historic IMPs, can be idle for an additional 10 years beyond the existing idle timeframes (up to 15 years). In other words, with this bill, a mine can be idle for up to 25 years, and then be eligible for future idle years after activation, should the market decline for the mines materials.
Construction aggregate facilities have been particularly prone to becoming idle, due to spikes in production from large infrastructure projects. The statutory definition of idle is a fall to less than 10% of a mining operation’s maximum production of the five prior years when an IMP has not been approved. Spike production can significantly raise the bar on the minimum production needed to maintain at least 10% of the spike and not be idle. This can result in a site being forced into idle status, based on a single year of high production for a large infrastructure project. Further the construction materials market has seen significant reductions in construction aggregate demand in recent decades.
The California Construction and Industrial Materials Association (CalCIMA), sponsor of the bill, feels that the impact of current law on operations whose mineral reserves are not currently needed for active mineral production, but which have significant amounts of mineral reserves still available, is forced, premature reclamation of essential, already-permitted mineral resources.
- What mines are covered? The bill covers surface mining operations authorized for extraction of construction aggregate materials that are currently idle. (Secondary production of gold which does occur through gravity and water separation in some watersheds, would not preclude eligibility if authorized for construction aggregates.) According to CalCIMA, there are approximately 100 operations in the state that could be eligible for the proposed Idle Mine Reserve Status.
- Financial assurances. Under current law, all surface mining operations must have financial assurances for reclamation that are approved by the lead agency, and the financial assurances are required to remain in effect during the period that the surface mining operation is idle. Additionally, within 30 days of an annual inspection, an operator is required to provide an annual financial assurance cost estimate to the lead agency for review.
There are concerns that extending idle mines another 10 years further enables an operator to push off reclamation responsibilities.
REGISTERED SUPPORT / OPPOSITION:
Support
Associated Ready Mix Concrete, INC.
California Asphalt Pavement Association
California Construction & Industrial Materials Association
Granite Construction
Graniterock
Holliday Rock Company INC.
Knife River Construction
Lastrada Partners
Reed Family Companies
Robertson's Ready Mix, Ltd.
Stevens Creek Quarry, INC.
Vulcan Materials Company
Opposition
None on file
Analysis Prepared by: Paige Brokaw / NAT. RES. /
Discussed in Hearing
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Bill Author
Bill Co-Author(s):