Legislative record

Mining: The Surface Mining and Reclamation Act of 1975: mining operations status: 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. The act requires, within 90 days of a surface mining operation becoming idle the operator to submit an interim management plan to the lead agency for review. Under existing law, the review and approval of an interim management plan is not a project for the purposes of the California Environmental Quality Act (CEQA) . The act authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided. This bill would, until January 1, 2033, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and comment on an application for "Idle Reserve Mine Status" to determine whether specified conditions are met. If the division concludes that all of the specified conditions are met and comments on the application for "Idle Reserve Mine Status," and if the lead agency approves "Idle Reserve Mine Status," the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would authorize the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to, on or before December 31, 2028, compile and post on its internet website specified information. The bill would provide that the approval of "Idle Reserve Mine Status" is not a project for purposes of CEQA. The act requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether a surface mining operation is in compliance with the act. This bill would expressly include in the above-described inspection requirement surface mining operations that are active, idle, in "Idle Reserve Mine Status," newly permitted, or in the process of being reclaimed. The bill would revise and recast the definition of "idle" and would define, for purposes of the act, "active," "in the process of being reclaimed," and "reserves." Existing law requires the owner or operator of a mining operation within the state to, among other things, annually report specified information to the Supervisor of Mine Reclamation, including the mining operation's status as active, idle, reclaimed, or in the process of being reclaimed. Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on, and method for collecting that fee from, each active or idle mining operation. This bill would add "Idle Reserve Mine Status" as a reportable status of a mining operation described above. The bill would require the board to instead impose the above-described annual reporting fee on each mining operation that is newly permitted, active, idle, in "Idle Reserve Mine Status," or in the process of being reclaimed. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.