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<ns0:Id>20250AB__098295AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-20</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-03-24</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-07-17</ns0:ActionDate>
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<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-08-29</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Carrillo</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Carrillo</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>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.</ns0:Title>
<ns0:RelatingClause>surface mining</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>The Surface Mining and Reclamation Act of 1975: idle reserve mine status.</ns0:Subject>
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<ns0:DigestText>
<html:p>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.</html:p>
<html:p>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.</html:p>
<html:p>This bill would, until January 1, 2032, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and approve an application for “Idle Reserve Mine Status” if specified conditions are met. If the division concludes that all of the specified conditions are met and approves the application for “Idle Reserve Mine Status,” and if the lead agency concurs with the division’s review and other specified conditions are met, the bill would authorize the lead agency to extend the
maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would require the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to compile and post on its internet website specified information.</html:p>
<html:p>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.</html:p>
<html:p>The bill would require the lead agency to also cause inspection of surface mining operations that are idle or in “Idle Reserve Mine Status.”</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
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<ns0:Election>NO</ns0:Election>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_A2656523-1334-4A46-ACB7-3069093208BD">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>It is the intent of the Legislature to minimize the waste of construction resources, while ensuring the timely reclamation of idle construction aggregate mines, and to prevent indefinite delays in or avoidance of reclamation efforts.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_DF93DD79-1F50-4633-BDB7-77D0BAF9A9AB">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 2727.01 is added to the
<ns0:DocName>Public Resources Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_64459197-2ABE-435B-BA4B-3686696E9BBC">
<ns0:Num>2727.01.</ns0:Num>
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<ns0:Content>
<html:p>“Construction aggregate material” means cinders, decomposed granite, decorative rock, dimension stone, fill dirt, limestone, pumice, rock, stone, sand, gravel, or both sand and gravel.</html:p>
</ns0:Content>
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</ns0:LawSection>
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<ns0:BillSection id="id_C6075C27-1780-47B9-A15D-F280DFFF1EEE">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 2733.1 is added to the
<ns0:DocName>Public Resources Code</ns0:DocName>
, to read:
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<ns0:LawSection id="id_60FE41C6-DEE9-4028-91AD-DCDFFAF31C2E">
<ns0:Num>2733.1.</ns0:Num>
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<ns0:Content>
<html:p>“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.</html:p>
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<ns0:BillSection id="id_B8243030-CAED-48CC-875C-F838382BBB98">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 2770 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_595BEEA7-9ED8-4AC0-BED5-BC30AABBCA01">
<ns0:Num>2770.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
[Reserved]
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
[Reserved]
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The supervisor may appeal a lead agency’s 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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Section 2773.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The board may decline to hear an appeal if it determines that the appeal does not raise substantial issues related to the lead agency’s 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the board’s 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.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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 agency’s 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this subdivision, “substantially” means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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 agency’s 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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Correct the noted deficiencies.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Submit the revised reclamation plan to the lead agency for review and approval.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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 board’s determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the board’s determination.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the board determines the lead agency’s 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 board’s 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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 board’s determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the board’s determination. The instructions shall include a reasonable submission deadline of not less than 30 days.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the board’s determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. The review and approval of an interim management plan shall not be considered a
project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). The approved interim management plan shall be considered an amendment to the surface mining operation’s approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status to maintain the site in compliance with this chapter, including, but not limited to, all permit conditions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Require the operator to commence reclamation in accordance with its approved reclamation plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A surface mining operation authorized for extraction of construction aggregate materials but currently idle, may apply for and request the Division of Mine Reclamation to review and approve an application for “Idle Reserve Mine Status” to determine whether all of the following conditions are met:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The State Geologist determines the surface mining operation has a volume of reserves to address future infrastructure needs. A reserve
not included in an approved reclamation plan or interim management plan shall not be considered in this determination.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The surface mining operation is not located on federal public land.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The Division of Mine Reclamation has previously received fewer than 12 applications for “Idle Reserve Mine Status” within the same fiscal year in which the subject application is received.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the Division of Mine Reclamation concludes that all of the conditions in subclauses (I) to (III), inclusive, of clause (i) are met and approves an application for “Idle Reserve Mine Status,” and if the lead agency concurs with the Division of Mine Reclamation’s review, the lead agency may extend the maximum renewal period that
an interim management plan may remain in effect pursuant to subparagraph (A) by up to 10 years in addition to the timeframes in subparagraph (A) if both of the following conditions are met:
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If a surface mining operation has acted in good faith pursuant to clause (i) and a determination on its application for “Idle Reserve Mine Status” has not yet been made pursuant to clause (ii), the surface mining operation’s interim management plan may remain in effect until a determination has been made.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The board shall adopt regulations to implement clauses (i) and (ii).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
On or before September 1, 2027, and annually thereafter, the Division of Mine Reclamation shall compile and post on its internet website all
of the following information, as of the end of the preceding calendar year:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The active surface mining operations by county, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The idle surface mining operations by county, including the length of time in operation and the status of the reclamation plan and financial assurance for each surface mining operation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The “Idle Reserve Mine Status” by county, including the length of time in “Idle Reserve Mine Status” and the status of the interim management plan and financial assurance for each surface mining operation.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The number of surface mining operations approved for “Idle Reserve Mine Status” during that year.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The number of surface mining operations seeking “Idle Reserve Mine Status” during that year and the number of surface mining operations waiting to be processed for “Idle Reserve Mine Status.”
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
The surface mining operations by county that moved from idle or “Idle Reserve Mine Status” to another status and identification of that status.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
To the extent feasible, and to avoid duplicative effort, the Division of Mine Reclamation shall use the information provided to it pursuant to Section 2774.2.5 in compiling the information required pursuant to clause (v). The Division of Mine Reclamation may
seek any additional information necessary from a lead agency.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2032. As of that date, a surface mining operation with “Idle Reserve Mine Status” may retain that status for the remainder of the renewal period in which its interim management plan may remain in effect pursuant to clause (ii).
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The applicant pays actual costs associated with the
Division of Mine Reclamation’s review in addition to the fees required pursuant to Section 2207.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The applicable requirements of this chapter.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The lead agency’s 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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The lead agency shall prepare a written response to the supervisor’s 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 agency’s response shall include either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A description of how the lead agency proposes to adopt the supervisor’s comments to the interim management plan.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A detailed description of the reasons why the lead agency proposes not to adopt the supervisor’s comments.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
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.
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<html:p>
(G)
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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.
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<html:p>
(5)
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The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisor’s 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 agency’s 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.
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<html:p>
(6)
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Unless review of an interim management plan is pending before the lead agency or an appeal is pending before the lead agency’s 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.
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<html:p>
(i)
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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).
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<ns0:BillSection id="id_FE769A26-A646-4F20-AAC6-B905CEDD925D">
<ns0:Num>SEC. 5.</ns0:Num>
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Section 2774 of the
<ns0:DocName>Public Resources Code</ns0:DocName>
is amended to read:
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<ns0:Num>2774.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
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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.
</html:p>
<html:p>
(b)
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(1)
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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 operation’s compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following:
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<html:p>
(A)
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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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A statement describing the lead agency’s 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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
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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.
</html:p>
<html:p>
(d)
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(1)
<html:span class="EnSpace"/>
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).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 inspector’s most recent certificate.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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).
</html:p>
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