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| 1 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 982Introduced by Assembly Member CarrilloFebruary 20, 2025 An act to amend Section 14415 of Sections 2770 and 2774 of, and to add Sections 2727.01 and 2733.1 to, the Public Resources Code, relating to resources conservation. surface mining.LEGISLATIVE COUNSEL'S DIGESTAB 982, as amended, Carrillo. Resources conservation: California Conservation Corps: Education and Employment Reentry Program. The Surface Mining and Reclamation Act of 1975: 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 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. | |
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| 3 | + | Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 982Introduced by Assembly Member CarrilloFebruary 20, 2025 An act to amend Section 14415 of Sections 2770 and 2774 of, and to add Sections 2727.01 and 2733.1 to, the Public Resources Code, relating to resources conservation. surface mining.LEGISLATIVE COUNSEL'S DIGESTAB 982, as amended, Carrillo. Resources conservation: California Conservation Corps: Education and Employment Reentry Program. The Surface Mining and Reclamation Act of 1975: 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
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| 5 | - | ||
| 5 | + | Amended IN Assembly March 24, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 07, 2025 | |
| 8 | 7 | Amended IN Assembly March 24, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 982 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member CarrilloFebruary 20, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Assembly Member Carrillo | |
| 19 | 18 | February 20, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to amend Sections 2770 and 2774 of, and to add Sections 2727.01 and 2733.1 to, the Public Resources Code, relating to surface mining. | |
| 20 | + | An act to amend Section 14415 of Sections 2770 and 2774 of, and to add Sections 2727.01 and 2733.1 to, the Public Resources Code, relating to resources conservation. surface mining. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | AB 982, as amended, Carrillo. The Surface Mining and Reclamation Act of 1975: idle reserve mine status. | |
| 26 | + | AB 982, as amended, Carrillo. Resources conservation: California Conservation Corps: Education and Employment Reentry Program. The Surface Mining and Reclamation Act of 1975: idle reserve mine status. | |
| 28 | 27 | ||
| 29 | - | 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. | |
| 28 | + | 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. | |
| 30 | 29 | ||
| 31 | 30 | 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. | |
| 32 | 31 | ||
| 33 | 32 | 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. | |
| 34 | 33 | ||
| 35 | 34 | 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. | |
| 36 | 35 | ||
| 37 | 36 | 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. | |
| 38 | 37 | ||
| 39 | 38 | The bill would require the lead agency to also cause inspection of surface mining operations that are idle or in Idle Reserve Mine Status. | |
| 40 | 39 | ||
| 40 | + | 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. | |
| 41 | + | ||
| 42 | + | ||
| 43 | + | ||
| 44 | + | This bill would make nonsubstantive changes to legislative findings and declarations related to the Education and Employment Reentry Program. | |
| 45 | + | ||
| 46 | + | ||
| 47 | + | ||
| 41 | 48 | ## Digest Key | |
| 42 | 49 | ||
| 43 | 50 | ## Bill Text | |
| 44 | 51 | ||
| 45 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 52 | + | The people of the State of California do enact as follows:SECTION 1. 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 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. | |
| 46 | 53 | ||
| 47 | 54 | The people of the State of California do enact as follows: | |
| 48 | 55 | ||
| 49 | 56 | ## The people of the State of California do enact as follows: | |
| 50 | 57 | ||
| 51 | - | SECTION 1. | |
| 58 | + | SECTION 1. 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. | |
| 52 | 59 | ||
| 53 | - | 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 rather than allowing for indefinite delays in or avoidance of reclamation efforts. | |
| 54 | - | ||
| 55 | - | 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 rather than allowing for indefinite delays in or avoidance of reclamation efforts. | |
| 60 | + | SECTION 1. Section 2727.01 is added to the Public Resources Code, to read: | |
| 56 | 61 | ||
| 57 | 62 | ### SECTION 1. | |
| 58 | - | ||
| 59 | - | 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. | |
| 60 | - | ||
| 61 | - | SECTION 1.SEC. 2. Section 2727.01 is added to the Public Resources Code, to read: | |
| 62 | - | ||
| 63 | - | ### SECTION 1.SEC. 2. | |
| 64 | 63 | ||
| 65 | 64 | 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. | |
| 66 | 65 | ||
| 67 | 66 | 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. | |
| 68 | 67 | ||
| 69 | 68 | 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. | |
| 70 | 69 | ||
| 71 | 70 | ||
| 72 | 71 | ||
| 73 | 72 | 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. | |
| 74 | 73 | ||
| 75 | - | SEC. 2 | |
| 74 | + | 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. | |
| 76 | 75 | ||
| 77 | - | SEC. 2 | |
| 76 | + | SEC. 2. Section 2733.1 is added to the Public Resources Code, to read: | |
| 78 | 77 | ||
| 79 | - | ### SEC. 2. | |
| 78 | + | ### SEC. 2. | |
| 80 | 79 | ||
| 81 | 80 | 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. | |
| 82 | 81 | ||
| 83 | 82 | 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. | |
| 84 | 83 | ||
| 85 | 84 | 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. | |
| 86 | 85 | ||
| 87 | 86 | ||
| 88 | 87 | ||
| 89 | 88 | 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. | |
| 90 | 89 | ||
| 91 | - | SEC. 3 | |
| 90 | + | 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). | |
| 92 | 91 | ||
| 93 | - | SEC. 3 | |
| 92 | + | SEC. 3. Section 2770 of the Public Resources Code is amended to read: | |
| 94 | 93 | ||
| 95 | - | ### SEC. 3. | |
| 94 | + | ### SEC. 3. | |
| 96 | 95 | ||
| 97 | - | 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 | |
| 96 | + | 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). | |
| 98 | 97 | ||
| 99 | - | 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 | |
| 98 | + | 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). | |
| 100 | 99 | ||
| 101 | - | 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 | |
| 100 | + | 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). | |
| 102 | 101 | ||
| 103 | 102 | ||
| 104 | 103 | ||
| 105 | 104 | 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. | |
| 106 | 105 | ||
| 107 | - | (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. | |
| 106 | + | (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. | |
| 108 | 107 | ||
| 109 | 108 | (c) [Reserved] | |
| 110 | 109 | ||
| 111 | 110 | (d) [Reserved] | |
| 112 | 111 | ||
| 113 | 112 | (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. | |
| 114 | 113 | ||
| 115 | 114 | (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: | |
| 116 | 115 | ||
| 117 | 116 | (A) Section 2773.1. | |
| 118 | 117 | ||
| 119 | 118 | (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. | |
| 120 | 119 | ||
| 121 | 120 | (C) The boards financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. | |
| 122 | 121 | ||
| 123 | 122 | (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. | |
| 124 | 123 | ||
| 125 | 124 | (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. | |
| 126 | 125 | ||
| 127 | - | (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. | |
| 126 | + | (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. | |
| 128 | 127 | ||
| 129 | 128 | (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. | |
| 130 | 129 | ||
| 131 | 130 | (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. | |
| 132 | 131 | ||
| 133 | 132 | (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. | |
| 134 | 133 | ||
| 135 | 134 | (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: | |
| 136 | 135 | ||
| 137 | 136 | (i) Correct the noted deficiencies. | |
| 138 | 137 | ||
| 139 | 138 | (ii) Submit the revised reclamation plan to the lead agency for review and approval. | |
| 140 | 139 | ||
| 141 | 140 | (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. | |
| 142 | 141 | ||
| 143 | 142 | (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. | |
| 144 | 143 | ||
| 145 | 144 | (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. | |
| 146 | 145 | ||
| 147 | 146 | (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. | |
| 148 | 147 | ||
| 149 | 148 | (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. | |
| 150 | 149 | ||
| 151 | 150 | (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. | |
| 152 | 151 | ||
| 153 | 152 | (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. | |
| 154 | 153 | ||
| 155 | 154 | (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: | |
| 156 | 155 | ||
| 157 | 156 | (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. | |
| 158 | 157 | ||
| 159 | 158 | (B) Require the operator to commence reclamation in accordance with its approved reclamation plan. | |
| 160 | 159 | ||
| 161 | 160 | (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: | |
| 162 | 161 | ||
| 163 | 162 | (I) The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs. | |
| 164 | 163 | ||
| 165 | 164 | (II) The surface mining operation is not located on federal public land. | |
| 166 | 165 | ||
| 167 | 166 | (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. | |
| 168 | 167 | ||
| 169 | - | (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 | |
| 168 | + | (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: | |
| 170 | 169 | ||
| 171 | 170 | (I) The applicant pays actual costs associated with the divisions review in addition to the fees required pursuant to Section 2207. | |
| 172 | 171 | ||
| 173 | 172 | (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. | |
| 174 | 173 | ||
| 175 | - | (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. | |
| 174 | + | (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. | |
| 176 | 175 | ||
| 177 | 176 | (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. | |
| 178 | 177 | ||
| 179 | 178 | (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: | |
| 180 | 179 | ||
| 181 | 180 | (i) The applicable requirements of this chapter. | |
| 182 | 181 | ||
| 183 | 182 | (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. | |
| 184 | 183 | ||
| 185 | 184 | (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. | |
| 186 | 185 | ||
| 187 | - | (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. | |
| 186 | + | (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. | |
| 188 | 187 | ||
| 189 | 188 | (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. | |
| 190 | 189 | ||
| 191 | 190 | (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: | |
| 192 | 191 | ||
| 193 | 192 | (i) A description of how the lead agency proposes to adopt the supervisors comments to the interim management plan. | |
| 194 | 193 | ||
| 195 | 194 | (ii) A detailed description of the reasons why the lead agency proposes not to adopt the supervisors comments. | |
| 196 | 195 | ||
| 197 | 196 | (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. | |
| 198 | 197 | ||
| 199 | 198 | (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. | |
| 200 | 199 | ||
| 201 | 200 | (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. | |
| 202 | 201 | ||
| 203 | 202 | (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. | |
| 204 | 203 | ||
| 205 | 204 | (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). | |
| 206 | 205 | ||
| 207 | - | SEC. 4 | |
| 206 | + | 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). | |
| 208 | 207 | ||
| 209 | - | SEC. 4 | |
| 208 | + | SEC. 4. Section 2774 of the Public Resources Code is amended to read: | |
| 210 | 209 | ||
| 211 | - | ### SEC. 4. | |
| 210 | + | ### SEC. 4. | |
| 212 | 211 | ||
| 213 | - | 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). | |
| 212 | + | 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). | |
| 214 | 213 | ||
| 215 | - | 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). | |
| 214 | + | 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). | |
| 216 | 215 | ||
| 217 | - | 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). | |
| 216 | + | 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). | |
| 218 | 217 | ||
| 219 | 218 | ||
| 220 | 219 | ||
| 221 | 220 | 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. | |
| 222 | 221 | ||
| 223 | - | (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: | |
| 222 | + | (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: | |
| 224 | 223 | ||
| 225 | 224 | (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. | |
| 226 | 225 | ||
| 227 | 226 | (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. | |
| 228 | 227 | ||
| 229 | 228 | (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. | |
| 230 | 229 | ||
| 231 | 230 | (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. | |
| 232 | 231 | ||
| 233 | 232 | (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. | |
| 234 | 233 | ||
| 235 | 234 | (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. | |
| 236 | 235 | ||
| 237 | 236 | (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). | |
| 238 | 237 | ||
| 239 | 238 | (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. | |
| 240 | 239 | ||
| 241 | - | (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. | |
| 240 | + | (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. | |
| 242 | 241 | ||
| 243 | 242 | (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). | |
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| 248 | + | (a)The Legislature finds and declares all of the following: | |
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| 251 | + | ||
| 252 | + | (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. | |
| 253 | + | ||
| 254 | + | ||
| 255 | + | ||
| 256 | + | (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. | |
| 257 | + | ||
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| 260 | + | (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. | |
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| 263 | + | ||
| 264 | + | (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. | |
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| 268 | + | (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: | |
| 269 | + | ||
| 270 | + | ||
| 271 | + | ||
| 272 | + | (A)Proactively restore forest health to reduce greenhouse gases. | |
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| 275 | + | ||
| 276 | + | (B)Protect source watersheds from which the states water supply originates. | |
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| 280 | + | (C)Promote the long-term storage of carbon in forest trees and soils. | |
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| 284 | + | (D)Minimize the loss of forest carbon from large, intense wildfires. | |
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| 287 | + | ||
| 288 | + | (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). | |
| 289 | + | ||
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| 292 | + | (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. | |
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| 296 | + | (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. | |
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| 300 | + | (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. | |
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| 304 | + | (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. |