Bill Text: CA AB1609 | 2011-2012 | Regular Session | Amended
Bill Title: Surface mining: determinations: appeals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-06-26 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB1609 Detail]
Download: California-2011-AB1609-Amended.html
BILL NUMBER: AB 1609 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY APRIL 25, 2012
INTRODUCED BY Assembly Member Lara
FEBRUARY 7, 2012
An act to amend Section 2717 of the Public Resources Code,
relating to surface mining.
LEGISLATIVE COUNSEL'S DIGEST
AB 1609, as amended, Lara. Surface mining: determinations:
appeals.
Existing law, the Surface Mining and Reclamation Act of 1975,
prohibits, with certain exceptions, a person from conducting a
surface mining operation unless, among other things, a reclamation
plan has been submitted to and approved by the lead agency, as
defined, for the operation. The act requires the owner or operator of
a mining operation to submit an annual report containing information
regarding the operation.
For purposes of compliance with specified provisions of the Public
Contract Code, the act requires the Department of Conservation to,
at a minimum, quarterly publish in the California Regulatory Notice
Register, or otherwise make available, upon request, to the
Department of General Services or any other state or local agency, a
list identifying surface mining operations that have submitted the
annual report and it indicates compliance with specified standards,
guidelines, and requirements or that there is a pending appeal.
This bill would require the department to give notice by personal
service or certified mail to a surface mining operation that it
determines shall not be included in the above-described list or shall
be removed from the above-described list. The bill would specify
that the surface mining operation shall have 30 days from the date of
receipt of service within which to file an appeal of the department'
s determination with the State Board of Mining and Geology. The bill
would require that an appeal be scheduled and heard at a public
hearing within 60 days from the date the appeal is filed, or a longer
time if mutually agreed upon by the board and the appellant. The
bill would require that when a timely appeal is filed on behalf of a
surface mining operation pursuant to the provisions of the bill, the
operation shall remain on the list pending the final outcome of the
appeal, if the appeal has not been pending for more than 180 days.
The bill would require the board to deny a request for an appeal of a
notice issued pursuant to those provisions if either (1) the
notice alleges one or more violations of the act that the
board determines to be ministerial in nature and not constituting a
substantial violation, in which case the appellant would have 30 days
to correct the violation and achieve compliance, or (2) the
specific claims asserted in the notice have been adjudicated, or are
pending adjudication before the board or a lead agency in
a separate action authorized by the act. The bill would prescribe
requirements for the review of information and evidence pertaining to
the appeal, as specified. The bill would authorize the board,
by regulation, to establish procedures for declining to hear appeals
that it determines raise only ministerial issues.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2717 of the Public Resources Code is amended to
read:
2717. (a) The board shall submit to the Legislature on December 1
of each year a report on the actions taken pursuant to this chapter
during the preceding fiscal year. The report shall include a
statement of the actions, including legislative recommendations, that
are necessary to carry out more completely the purposes and
requirements of this chapter.
(b) For purposes of ensuring compliance with Sections 10295.5 and
20676 of the Public Contract Code, the department shall, at a
minimum, quarterly publish in the California Regulatory Notice
Register, or otherwise make available upon request to the Department
of General Services or any other state or local agency, a list
identifying all of the following:
(1) Surface mining operations for which a report is required and
has been submitted pursuant to Section 2207 that indicates all of the
following:
(A) The reclamation plan and financial assurances have been
approved pursuant to this chapter.
(B) Compliance with state reclamation standards developed pursuant
to Section 2773.
(C) Compliance with the financial assurance guidelines developed
pursuant to Section 2773.1, as applicable.
(D) The annual reporting fee has been submitted to the Department
of Conservation.
(2) Surface mining operations for which an appeal is pending
before the board pursuant to subdivision (e) of Section 2770, if the
appeal has not been pending before the board for more than 180 days.
(3) Surface mining operations for which an inspection is required
and for which an inspection notice has been submitted by the lead
agency pursuant to Section 2774 that indicates both compliance with
the approved reclamation plan and that sufficient financial
assurances, pursuant to Section 2773.1, have been approved and
secured.
(4) Surface mining operations that are in compliance with an order
issued under Section 2774.1,stipulated
2774.1, stipulated order, or other agreement with the lead
agency or the director, addressing any noncompliance with the
standards set forth in this subdivision.
(c) The department shall give notice to a surface mining operation
that the department determines shall not be included in the list
published by the department pursuant to subdivision (b), or that the
department determines shall be removed from the list. The notice
shall be given by personal service or certified mail. The surface
mining operation shall have 30 days from the date of receipt of
service in which to file an appeal with the board. An appeal shall be
scheduled and heard at a public hearing within 60 days from the date
the appeal is filed, or a longer time as may be mutually agreed upon
by the board and the appellant. When a timely appeal is filed on
behalf of a surface mining operation to remove the surface mining
operation from the list prepared pursuant to subdivision (b), the
surface mining operation shall remain on the list pending the final
outcome of that appeal, if the appeal has not been pending for more
than 180 days.
(d) Notwithstanding subdivision (c), the board shall deny a
request for an appeal of a notice issued pursuant to subdivision (c)
if the in either of the following
circumstances:
(1) The notice alleges one
or more violations of this chapter that the board determines to be
ministerial in nature and not constituting a substantial violation,
in which case the appellant would have 30 days to correct the
violation and achieve compliance.
(2) The specific claims asserted
in that notice have been adjudicated, or are pending adjudication,
before the board or a lead agency in a separate action
authorized by this chapter. If adjudication is pending in a separate
action, the surface mining operation shall not be removed from the
list until that action has concluded, if that action has not been
pending for more than 180 days.
(e) In reviewing the determination of the department made pursuant
to subdivision (c), the record before the board shall consist of the
record before the department and any other relevant evidence that,
in the judgment of the board, should be considered. The appellant may
obtain a review of the board's determination by commencing an action
for a writ of mandate within 90 days following that determination
pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of
Part 3 of the Code of Civil Procedure. In any such proceeding, the
court shall exercise its independent judgment.
(f) The board may, by regulation, establish procedures for
declining to hear appeals that it determines to raise only
ministerial issues.
