AB 3257 California Assembly · 2017-2018 Regular Session

Natural resources.

Summary
(1) Existing law, 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, as defined, for the operation of the surface mining operation. The act requires that the State Mining and Geology Board submit to the Legislature each year a report on the actions taken under the act during the preceding fiscal year, and requires the Division of Mine Reclamation in the Department of Conservation, at a minimum, to 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 specified information pertaining to surface mining operations for which a report is required. This bill would revise the information to be included in that list, and would require identification of all surface mining operations subject to the act that are reporting as newly permitted, active, or idle. The act requires every lead agency to adopt ordinances for the review and approval of reclamation plans, financial assurances, and surface mining operation permits. Existing law requires that within 90 days of a surface mining operation becoming idle, as defined, the operator submit to the lead agency for review and approval an interim management plan, and requires the lead agency within 60 days of receipt of the interim management plan, or a longer period mutually agreed upon by the lead agency and the operator, to review and approve the plan in accordance with its ordinance and notify the operator in writing, or otherwise proceed as provided. This bill would instead require the lead agency, within 45 days of receipt of the interim management plan, to review the plan in accordance with its ordinance, and if the plan satisfies specified requirements under the act, to forward the plan to the Supervisor of Mine Reclamation for comment. The bill would also revise certain procedures and requirements for the review and approval of interim management plans by the supervisor, as prescribed. The act requires the lead agency to cause surface mining operations to be inspected at intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with the act, and to, among other things, provide a notice of completion of inspection to the supervisor specifying, as applicable, certain information about aspects of the surface mining operation and a statement of the lead agency's intended response to any aspects of the surface mining operation found to be inconsistent with the act. This bill would additionally require that the notice of completion of inspection include 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. The bill would make related changes. By imposing additional duties on a local government acting as a lead agency under the act, the bill would impose a state-mandated local program. (2) Existing law requires the Attorney General to commence and prosecute to final judgment, and to defend, certain actions relating to the collection of specified charges in connection with oil and gas conservation laws, as provided in an obsolete provision. This bill would delete obsolete references in these provisions. (3) Existing law requires the Department of Forestry and Fire Protection to provide a report to the Legislature, including to the budget and fiscal committees of the Assembly and the Senate, that details the department's fire prevention activities, including any fire prevention activities performed by the department, and by counties pursuant to contract with the department, on lands designated as state responsibility areas. Existing law specifies the fire prevention activities in state responsibility areas that are required to be detailed in the report. This bill would require the report to be additionally provided to the appropriate policy committees of the Assembly and the Senate and would require the fire prevention activities to be detailed in the report to also include funding sources and estimated amounts for certain categories of fire prevention activities, itemized by specified activity categories. (4) The Z'Berg-Nejedly Forest Practices Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted for the operations to the department. The act requires the Board of Forestry and Fire Prevention to adopt district forest practice rules and regulations. Existing law establishes certain timber operation requirements within the boundaries of special treatment areas, as defined, adjacent to wild, scenic, or recreational river segments. Existing law authorizes a forest officer to issue a written timber operations stop order if, upon reasonable cause, the forest officer determines that a timber operation is being conducted or is about to be conducted in violation of forest practice laws and regulations, as provided. Existing law defines "forest officer" for these purposes as a registered professional forester employed by the department in a civil service classification of forester II or higher grade. This bill would instead define "forest officer" as a registered professional forester employed by the department in a civil service classification of forester I or higher grade. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status signed all 5 stages cleared
Introduction
Mar 2018
Committee Review
Aug 2018
Assembly Passage
May 2018
Senate Passage
Aug 2018
Signed into Law
Sep 2018
Introduced Mar 20, 2018 Signed Sep 11, 2018
Floor votes · Senate Aug 27, 2018 · Assembly Jun 1, 2018

How they voted

39–0
Passed · 1 other
Total votes 40
Aug 27, 2018
D Democratic26
26 Yea
100% Yea
R Republican14
13 Yea 1
92% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
13
Committee
11
Amendments
6
Sep 11, 2018
Signed into law
Approved by the Governor.
legislature
Aug 29, 2018
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6871.).
lower
Aug 27, 2018
Senate · Passed
Senate Vote: pass (39-0-1)
senate
Aug 27, 2018
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.
lower
Aug 23, 2018
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 17, 2018
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (August 16).
upper
Aug 13, 2018
Committee
In committee: Referred to APPR. suspense file.
upper
Aug 6, 2018
Upper · Passed
In committee: Hearing postponed by committee.
upper
Aug 6, 2018
Upper · Passed
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Jun 26, 2018
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 26). Re-referred to Com. on APPR.
upper
Jun 18, 2018
Upper · Passed
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.
upper
Jun 13, 2018
Committee
Referred to Com. on N.R. & W.
upper
Jun 1, 2018
Assembly · Passed
Assembly Vote: pass (75-0)
assembly
May 25, 2018
Lower · Passed
From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 25).
lower
May 2, 2018
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
Apr 24, 2018
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 23). Re-referred to Com. on APPR.
lower
Apr 17, 2018
Committee
Re-referred to Com. on NAT. RES.
lower
Apr 16, 2018
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
lower
Apr 2, 2018
Committee
Referred to Com. on NAT. RES.
lower
Mar 21, 2018
Lower · Passed
From printer. May be heard in committee April 20.
lower
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.