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AB-566 Resources: surface mining.(2011-2012)

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Assembly Bill No. 566
CHAPTER 218

An act to amend Sections 2711 and 2761 of the Public Resources Code, relating to resources.

[ Approved by Governor  September 06, 2011. Filed with Secretary of State  September 06, 2011. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 566, Galgiani. Resources: surface mining.
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting surface mining operations without obtaining a permit from the lead agency for those operations, and submitting and receiving approval for a reclamation plan and financial assurances from the lead agency. The act makes certain findings and declarations regarding surface mining, including the finding that the extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society.
This bill would include additional legislative findings, including, among other things, that the state’s mineral resources are vital, finite, and important natural resources and the responsible protection and development of these mineral resources is vital to a sustainable California.
The act requires, after the completion of each decennial census, at a minimum, the Office of Planning and Research to identify certain areas of the state, including areas that are standard metropolitan areas. The act also requires the State Geologist to classify, based on certain factors, the areas identified by the office, any area for which classification has been requested by a petition that has been accepted by the State Mining and Geology Board, or other areas as specified by the board, as, among other things, an area that contains mineral deposits and is of regional or statewide significance.
This bill would require the board to transmit mineral resource information on the classified areas described above, or on other designated areas, to a lead agency or a metropolitan planning organization within 30 days of receiving a request for the information.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2711 of the Public Resources Code is amended to read:

2711.
 (a) The Legislature hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
(b) The Legislature further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
(c) The Legislature further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly.
(d) The Legislature further finds that the production and development of local mineral resources that help maintain a strong economy and that are necessary to build the state’s infrastructure are vital to reducing transportation emissions that result from the distribution of hundreds of millions of tons of construction aggregates that are used annually in building and maintaining the state.
(e) The Legislature further finds and recognizes the need of the state to provide local governments, metropolitan planning organizations, and other relevant planning agencies with the information necessary to identify and protect mineral resources within general plans.
(f) The Legislature further finds that the state’s mineral resources are vital, finite, and important natural resources and the responsible protection and development of these mineral resources is vital to a sustainable California.

SEC. 2.

 Section 2761 of the Public Resources Code is amended to read:

2761.
 (a) On or before January 1, 1977, and, at a minimum, after the completion of each decennial census, the Office of Planning and Research shall identify portions of the following areas within the state that are urbanized or are subject to urban expansion or other irreversible land uses that would preclude mineral extraction:
(1) Standard metropolitan statistical areas and other areas for which information is readily available.
(2) Other areas as may be requested by the board.
(b) In accordance with a time schedule, and based upon guidelines adopted by the board, the State Geologist shall classify, on the basis solely of geologic factors, and without regard to existing land use and land ownership, the areas identified by the Office of Planning and Research, any area for which classification has been requested by a petition that has been accepted by the board, or any other areas as may be specified by the board, as one of the following:
(1) An area that contains mineral deposits and is not of regional or statewide significance.
(2) An area that contains mineral deposits and is of regional or statewide significance.
(3) An area that contains mineral deposits, the significance of which requires further evaluation.
(c) The State Geologist shall require the petitioner to pay the reasonable costs of classifying an area for which classification has been requested by the petitioner.
(d) The State Geologist shall transmit the information to the board for incorporation into the state policy and for transmittal to lead agencies.
(e) The board shall transmit mineral resource information on areas classified by the State Geologist pursuant to paragraph (2) of subdivision (b), or on applicable areas designated by the board pursuant to Section 2790, or both, to a lead agency or a metropolitan planning organization within 30 days of receiving a request for the mineral resource information identified within the jurisdiction of the lead agency or the metropolitan planning organization.