CC - Item IV.CC-D - Surgace Mining And reclamationstafl epor
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: JANUARY 17, 2000
RE: AB 219 (GALLEGOS) — SURFACE MINING AND RECLAMATION - SUPPORT
Attached for the City Council's review is a copy of AB 219 (Gallegos), current bill status, complete
bill history, and a letter from Irwindale's city manager requesting Rosemead's support of the
ritxt -v�c�
Existing law establishes the State Mining and Geology Board, consisting of nine (9) members
appointed by the Governor. AB 219 will change the makeup of the State Mining and Geology Board
by increasing to ten (10) the membership of the board, would require that the member of the board
who is a registered structural engineer also have background and experience in mining geology, and
would require that two (2) members be citizens specifically responsible for representing the public
interest, at least one of which shall reside in a community in which there are mining operations.
Existing law, the Surface Mining and Reclamation Act of 1975, governs surface mining operations
and the reclamation of mined lands and provides, among other things, for the submission of
reclamation plans to, and issuance of permits by, lead agencies to persons engaging in surface mining
operations. The act requires the board to adopt regulations that establish state policy for the
reclamation of mined lands. AB 219 will additionally require that the state policy provide that the
ultimate alternative land uses for which mined lands are required to be reclaimed shall be established
in a lead agency's specific and general plans. AB 219 will require that the state policy also include
COUNCIL ,,GE ;D-
JAN 2 5 2000
ITEM NO.
objectives and criteria for the periodic review and revision of reclamation plans. AB 219 will also
require an interim management plan for pre -SMATA pits that remain inactive for more than 90 days.
AB 219 will create an exemption for reclamation activities from the definition of solid waste
disposal to encourage the diversion of inert materials into reclamation sites, thereby accelerating
reclamation and prolonging the life of existing landfills.
AB 219 was to have been heard next by the Committee on Natural Resources on January 10 and 11,
2000, but no committee report is available as of this date.
RECOMMENDATION:
It is recommended that the City Council support AB 219 (Gallegos)) and authorize the Mayor to
forward the appropriate correspondence.
CURRENT BILL STATUS
MEASURE : A.B. No. 219
AUTHOR(S) Gallegos.
TOPIC Surface mining and reclamation.
HOUSE LOCATION ASM
+LAST AMENDED DATE 01/03/2000
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Fiscal
Non -Tax Levy
LAST HIST. ACT. DATE: 01/09/2000
LAST HIST. ACTION Re- referred to Com. on NAT. RES.
COMM. LOCATION ASM NATURAL RESOURCES
COMM. ACTION DATE 12/01/1999
COMM. ACTION Author's amendments.
TITLE An act to amend Sections 662, 663, 2773.1, and 2776 of
the Public Resources Code, relating to surface mining.
COMPLETE BILL HISTORY
BILL NUMBER : A.B. No. 219
AUTHOR : Gallegos
TOPIC : Surface mining and reclamation.
TYPE OF BILL :
Active
Non - Urgency
Non - Appropriations
Majority Vote Required
Non - State - Mandated Local Program
Fiscal
Non -Tax Levy
BILL HISTORY
2000
Jan. 4 Re- referred to Com. on NAT. RES.
Jan. 3 From committee chair, with author's amendments: Amend, and re -refer
to Com. on NAT. RES. Read second time and amended.
1999
Mar. 16 In committee: Set, first hearing. Hearing canceled at the request
of author.
Feb. 4 Referred to Com. on NAT. RES.
Jan. 27 From printer. May be heard in committee February 26.
Jan. 26 Read first time. To print.
AMENDED IN ASSEMBLY JANUARY 3, 2000
CALIFORNIA LEGISLATURE- 1999 -2000 REGULAR SESSION
ASSEMBLY BILL No. 219
Introduced by Assembly Member Gallegos
January 26, 1999
2773, Q 1 L 40192 and 40195.1 '
of and to add Seetions
2736 a 2:770.6 h n u- u_ settees a _latia '_ An to,
act to amend Sections 662, 663, 2773.1, and 2776 of the Public
Resources Code, relating to surface mining.
LEGISLATIVE COUNSEL'S DIGEST
AB 219, as amended, Gallegos. Surface mining and
reclamation.
Existing law establishes the State Mining and Geology
Board, consisting of 9 members appointed by the Governor,
and requires that, among other members, one member of the
board be a registered geologist with background and
experience in mining geology and that another member be a
registered geologist, registered geophysicist, registered civil
engineer, or registered structural engineer with background
and experience in seismology -asd. Existing law also specifies
that one member is shall not be required to have specialized
experience. Existing
This bill would eliminate the requirement that one member
of the board be a registered geologist with background and
experience in mining geology, would eliminate the
requirement that one member not be required to have
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AB 219 —2—
specialized experience, and would require that the member
who is required to be a registered geologist, registered
geophysicist, registered civil engineer, or registered
structural engineer with background and experience in
seismology also have a background and experience in mining
geology. The bill would require that 2 members be citizens
specifically responsible for representing the public interest.
Existing law prohibits any member of the board from
participating in any action of the board or anempt attempting
to influence any decision of the board that involves himself or
herself, or any person with whom he or she is connected, as
a director, officer, paid consultant, or full -time or part-time
employee, or in which he or she has a financial interest, as
defined.
This bill „ to 10 the - -bers :_f the board,-
would require that the member of the boffld who
experienee in and would require--fhaf—��
eenmiumty in whieh Otere are 5! operations. The bill
would also prohibit a member of the board from participating
in any action of the board or attempE attempting to influence
any action of the board if the action involves a mining eefitr,
operator or successor to that eaE4Yy- that operator, either of
whom formerly employed the member, or— for -tee;: the
action involves a mining operator or successor to that
operator, either of whom the member served as an officer or
in any other capacity.
Existing law, the Surface Mining and Reclamation Act of
1975, governs surface mining operations and the reclamation
of mined lands and provides, among other things, for the
submission of reclamation plans to, and issuance of permits by,
lead agencies to persons engaging in surface mining
operations. The aet requires the beafd to dde��
Aa$ u• r r v - the reel_- of — ed lands
and requires that the state pelie), adopted by the board be
fittwe eanditions that the state pol-ey be used-
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The act also requires lead agencies to require specified
types of financial assurances of each surface mining operation
to ensure reclamation is performed in accordance with the
surface mining operation's approved reclamation plan, which
the lead agency reasonably determines are adequate to
perform reclamation in accordance with the surface mining
operation's approved reclamation plan.
This bill would, instead, require that those specified types
of financial assurances be adequate to complete reclamation
of all portions of the subject mined lands. to
The existing Gelifarnia integrated Waste Management Aet
of 1989 defines the teffn r "disposal,"
ste tht h landfi.n disposal
mean the fnanagement solid sal
Of
defines the term =s-I'd dbeste landfill " ° a`s" '
r
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Vote: majority. Appropriation: no. Fiscal committee: yes
State - mandated local program: yes no.
The people of the State of California do enact as follows:
WIN
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7 SECTION 1. Section 662 of the Public Resources
8 Code is amended to read:
9 662. (a) One inember of the board 911911 be H
10 registered geologist with -
11 n1i o member shall be a mining engineer
12 with background and experience in mining minerals in
13 California; one member shall have background and
14 experience in groundwater hydrology, water quality, and
15 rock chemistry; one member shall be a representative of
16 local government with background and experience in
17 urban planning; one member shall have background and
18 experience in the field of environmental protection or
19 the study of ecosystems; one member shall be a registered
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geologist, registered geophysicist, registered civil
engineer, or registered structural engineer with
background and experience in seismology and mining
geology; one member shall be a landscape architect with
background and experience in soil conservation or
revegetation of disturbed soils; one member shall have
background and experience in mineral resource
conservation, development, and utilization; and two
members shall be citizens specifically responsible for
representing the public interest, at least one of which
shall reside in a community in which there are mining
operations.
(b) All members of the board shall represent the
general public interest, but not more than one -half of all
of the members at any time may be currently employed
by, or receive compensation from, entities that own or
operate mines.
SEG. 3.
SEC. 2. Section 663 of the Public Resources Code is
amended to read:
663. (a) No member of the board shall participate in
any action of the board or attempt to influence any
decision of the board that involves himself or herself, or
any person with whom he or she is connected, as a
director, officer, paid consultant, or full -time or part -time
employee, or in which he or she has a financial interest
within the meaning of Section 87103 of the Government
Code.
(b) No board member shall participate in any.
proceeding before any state or local agency as a
consultant or in any other capacity on behalf of any
person who engages in surface mining operations.
(c) No member of the board may participate in any
action of the board, or attempt to influence any action of
the board, if
stieeesser to that entity that formerly employed the
member-, for whi >r (1) the action involves a mining
operator or successor to that operator, either of whom
formerly employed the member, or (2) the action
involves a mining operator or successor to that operator,
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either of whom the member served as an officer or in any
other capacity.
(d) Upon request of any person, or on his or her own
initiative, the Attorney General may file a complaint in
the superior court for the county in which the board has
its principal office alleging that a board member has
knowingly violated this section, alleging the facts upon
which the allegation is based, and asking that the member
be removed from office. Further proceedings shall be in
accordance as nearly as practicable with rules governing
civil actions. If after trial the court finds that the board
member has knowingly violated this section it shall order
the member removed from office.
SEE Seetien 2436 is added .dA _ n..u:_
Gede, to read!
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SE
SEC. 3. Section 2773.1 of the Public Resources Code
is amended to read:
2773.1. (a) Lead agencies shall require financial
assurances of each surface mining operation to ensure
reclamation is performed in accordance with the surface
mining operation's approved reclamation plan, as follows:
(1) Financial assurances may take the form of surety
bonds executed by an admitted surety insurer, as defined
in subdivision (a) of Section 995.120 of the Code of Civil
Procedure, irrevocable letters of credit, trust funds, or
other forms of financial assurances specified by the board
pursuant to subdivision (e), which the lead agency
reasonably determines are adequate to complete
reclamation of all portions of the subject mined lands in
accordance with the surface mining operation's approved
reclamation plan.
(2) The financial assurances shall remain in effect for
the duration of the surface mining operation and any
additional period until reclamation is completed.
(3) The amount of financial assurances required of a
surface mining operation for any one year shall be
adjusted annually to account for new lands disturbed by
surface mining operations, changes with respect to
environmental conditions affected by mining operations,
new information concerning mining reclamation or the
reclamation of subject mined lands, modifications of the
reclamation plan, changes in the laws and regulations
affecting mining, inflation, and reclamation of lands
accomplished in accordance with the approved
reclamation plan.
(4) The financial assurances shall be made payable to
the lead agency and the department. Financial
assurances that were approved by the lead agency prior
to January 1, 1993, and were made payable to the State
Geologist shall be considered payable to the department
for purposes of this chapter. However, if a surface mining
operation has received approval of its financial assurances
from a public agency other than the lead agency, the lead
agency shall deem those financial assurances adequate for
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purposes of this section, or shall credit them toward
fulfillment of the financial assurances required by this
section, if they are made payable to the public agency, the
lead agency, and the department and otherwise meet the
requirements of this section. In any event, if a lead agency
and one or more public agencies exercise jurisdiction
over a surface mining operation, the total amount of
financial assurances required by the lead agency and the
public agencies for any one year shall not exceed that
amount which is necessary to perform reclamation of
lands remaining disturbed. For purposes of this
paragraph, a "public agency" may include a federal
agency.
(b) If the lead agency or the board, following a public
hearing, determines that the operator is financially
incapable of performing reclamation in accordance with
its approved reclamation plan, or has abandoned its
surface mining operation without commencing
reclamation, either the lead agency or the director shall
do all of the following:
(1) Notify the operator by personal service or certified
mail that the lead agency or the director intends to take
appropriate action to forfeit the financial assurances and
specify the reasons for so doing.
(2) Allow the operator 60 days to commence or cause
the commencement of reclamation in accordance with its
approved reclamation plan and require that reclamation
be completed within the time limits specified in the
approved reclamation plan or some other time period
mutually agreed upon by the lead agency or the director
and the operator.
(3) Proceed to take appropriate action to require
forfeiture of the financial assurances if the operator does
not substantially comply with paragraph (2).
(4) Use the proceeds from the forfeited financial
assurances to conduct and complete reclamation in
accordance with the approved reclamation plan. In no
event shall the financial assurances be used for any other
purpose. The operator is responsible for the costs of
conducting and completing reclamation in accordance
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1 with the approved reclamation plan which are in excess
2 of the proceeds from the forfeited financial assurances.
3 (c) Financial assurances shall no longer be required of
4 a surface mining operation, and shall be released, upon
5 written notification by the lead agency, which shall be
6 forwarded to the operator and the director, that
7 reclamation has been completed in accordance with the
8 approved reclamation plan. If a mining operation is sold
9 or ownership is transferred to another person, the
10 existing financial assurances shall remain in force and
11 shall not be released by the lead agency until new
12 financial assurances are secured from the new owner and
13 have been approved by the lead agency in accordance
14 with Section 2770.
15 (d) The lead agency shall have primary responsibility
16 to seek forfeiture of financial assurances and to reclaim
17 minesites under subdivision (b). However, in cases
18 where the board is not the lead agency pursuant to
19 Section 2774.4, the director may act to seek forfeiture of
20 financial assurances and reclaim minesites pursuant to
21 subdivision (b) only if both of the following occurs:
22 (1) The financial incapability of the operator or the
23 abandonment of the mining operation has come to the
24 attention of the director.
25 (2) The lead agency has been notified in writing by the
26 director of the financial incapability of the operator or the
27 abandonment of the mining operation for at least 15 days,
28 and has not taken appropriate measures to seek forfeiture
29 of the financial assurances and reclaim the minesite; and
30 one of the following has occurred:
31 (A) The lead agency has been notified in writing by
32 the director that failure to take appropriate measures to
33 seek forfeiture of the financial assurances or to reclaim
34 the minesite shall result in actions being taken against the
35 lead agency under Section 2774.4.
36 (B) The director determines that there is a violation
37 that amounts to an imminent and substantial
38 endangerment to the public health, safety, or to the
39 environment.
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I (C) The lead agency notifies the director in writing
2 that its good faith attempts to seek forfeiture of the
3 financial assurances have not been successful.
4 The director shall comply with subdivision (b) in
5 seeking forfeiture of financial assurances and reclaiming
6 minesites.
7 (e) The board may adopt regulations specifying
8 financial assurance mechanisms other than surety bonds,
9 irrevocable letters of credit, and trust funds, which the
10 board determines are reasonably available and adequate
11 to ensure reclamation pursuant to this chapter, but these
12 mechanisms may not include financial tests, or surety
13 bonds executed by one or more personal sureties. These
14 mechanisms may include reclamation bond pool
15 programs.
16 (f) On or before March 1, 1993, the board shall adopt
17 guidelines to implement this section. The guidelines are
18 exempt from the requirements of Chapter 3.5
19 (commencing with Section 11340) of Part 1 of Division 3
20 of Title 2 of the Government Code, and are not subject to
21 review by the Office of Administrative Law.
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24 amended to read:
25 2776. (a) No person who has obtained a vested right
26 to conduct surface mining operations prior to January 1,
27 1976, shall be required to secure a permit pursuant to this
28 chapter as long as the vested right continues and as long
29 as no substantial changes are made in the operation
30 except in accordance with this chapter. A person shall be
31 deemed to have vested rights if, prior to January 1, 1976,
32 he or she has, in good faith and in reliance upon a permit
33 or other authorization, if the permit or other
34 authorization was required, diligently commenced
35 surface mining operations and incurred substantial
36 liabilities for work and materials necessary therefor.
37 Expenses incurred in obtaining the enactment of an
38 ordinance in relation to a particular operation or the
39 issuance of a permit shall not be deemed liabilities for
40 work or materials.
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The reclamation plan required to be filed under
subdivision (b) of Section 2770 shall apply to operations
conducted after January 1, 1976, or to be conducted.
(b) Nothing in this chapter shall be construed as
requiring the filing of a reclamation plan for, or the
reclamation of, mined lands on which surface mining
operations were conducted prior to January 1, 1976.
(c) Notwithstanding any other provision of this
chapter, a surface mining operation that becomes idle
shall be subject to subdivision (h) of Section 2770, and the
requirements for an interim management plan. Upon
expiration of the time periods provided in subdivision (h)
of Section 2770, the surface mining operator shall submit
and obtain approval of a reclamation plan in accordance
with the terms of this chapter.
SEG. 13. Seetion 40192 of the Pablie Reseerees
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January 4, 2000
Mr. Frank Tripepi
City Manager
City of Rosemead
8838 E. Valley Blvd.
Rosemead, CA 91770
CITY OF IRWINDALE
5050 North Irwindale Avenue • Irwindale, California 91706
(818) 962 -3381 • Facsimile: (818) 962 -4209
Re: Proposed Mining Legislation
Dear Mr. Tripepi:
Approximately one year ago, the City of Irwindale commissioned a comprehensive mining
study to analyze the various impacts of mining operations on its community. The study
has cost nearly $200,000 to complete. While it is designed to address impacts from
mining operations in Irwindale, it provides compelling information on the impacts of mining
throughout the State and the various deficiencies with the State's existing surface mining
legislation, the Surface Mining and Reclamation Act of 1975 ( "SMARA ").
One of the primary concerns raised by the study is the ineffectiveness of existing
reclamation plans and the inability of lead agencies to update such plans to address
environmental, health and safety, and land use concerns that are not known or suspected
at the time that mining operations commence. The mining study shows in very clear
terms the numerous problems created by deficient or nonexistent reclamation plans, and
the need for significant changes to SMARA so that local governments throughout
California can ensure environmentally sound restoration of mined pits to beneficial uses.
In particular, groundwater contamination, slope failure, illegal dumping, and potential
personal injuries are just a few of the adverse consequences of unreclaimed or
inadequately reclaimed mining pits. Unfortunately, current law does not adequately
address these consequences and, in fact, allows many mines to sit in an idle condition
once mining operations cease. Irwindale has six pits of this type which, without the
proposed legislation, will remain unusable blights that pose substantial health and safety
concerns. Even those pits where reclamation planning is required can remain up to 100 -
foot deep holes which will not be suitable for any alternative land uses, despite the
existing requirements of SMARA. Unfortunately, we know that these are not problems
that are unique to Irwindale.
Mr. Frank Tripepi
January 4, 2000
Page 2
Yet, these consequences can be avoided. With the legislative changes provided by
Senate Bill No. 244 and Assembly Bill No. 219, mined land can be filled or otherwise
reclaimed in a timely manner that will prolong the life of existing municipal landfills.
Once reclamation is complete, the mined land will have restored economic value, and
the health and safety of the community will have been enhanced.
The particulars of SB 244 and AB 219 are detailed in the attachments to this letter, but in
summary include the following:
SB 244 will allow periodic review of reclamation plans and allow for limited
revisions to plans in certain circumstances.
SB 244 will modify SMARA to clarify that mined land will be reclaimed to a
useable condition that is readily adaptable to alternative land uses, and in a
configuration similar to that when mining commenced.
Currently SMARA requires that the local agencies' general plan conform
with state policies to promote mining. SB 244 would make it clear that the
end use of a reclaimed site be established by the local agency's general
plan.
➢ SB 244 will require that reclamation plans include both (a) a monitoring
requirement to track the effects of reclamation activities, and (b) a provision
for periodic review and revision of the reclamation plan.
Under SB 244, in circumstances where mining will occur in groundwater,
the legislation will allow local /regional water authorities the opportunity to
review and comment on reclamation plans prior to their approval.
9 Both legislation will clarify that mining companies' financial assurances must
be sufficient to complete reclamation activities and will broaden the
circumstances when financial insurance may be increased.
AB 219 will require an interim management plan for pre - SMARA pits that
remain inactive for more than 90 days.
➢ AB 219 will change the makeup of the State Mining and Geology Board by
merging the technical qualifications of two of the members into a single seat
on the Board, and filling the resulting vacancy with a citizen responsible for
representing the public interest that resides in a community with mining
operations.
Mr. Frank Tripepi
January 4, 2000
Page 3
i AB 219 will create an exemption for reclamation activities from the definition
of solid waste disposal to encourage the diversion of inert materials into
reclamation sites, thereby accelerating reclamation and prolonging the life of
existing landfills.
SB 244 and AB 219 were introduced to the legislature by Senator Solis and Assemblyman
Gallegos in January, 1999. The Senate and Assembly Natural Resource Committee
hearings on these bills are scheduled for January 10 and 11, 2000.
It is important to let our Legislature know that cities throughout the State support SB 244
and AB 219. Toward that end, you can help ensure that mines are reclaimed in a
sensible, safe, and economically beneficial fashion by submitting letters of support for SB
244 and AB 219 as soon as possible.
For your convenience, we have enclosed draft letters of support that can easily be
modified for your submittal. If you have any questions or comments on the proposed
legislation, please feel free to contact me at (626) 430 -2217.
Thank you in advance for your consideration of these issues — issues that are important to
Californians and our local communities.
�ry truly yours,
Robert Griego
City Manager, City of Irwindale
RG:al
Enc.