Surface Mining and Reclamation Act of 1975: exemption: Metropolitan Water District of Southern California: master reclamation plan.
Summary
(1) 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 exempts certain activities from the provisions of the act, including, among others, emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board for the specified purposes; surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control; and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Central Valley Flood Protection Board for the purpose of flood control. This bill would additionally exempt from the provisions of the act emergency excavations or grading conducted by the Metropolitan Water District of Southern California (MWD) for its own operations and infrastructure for specified purposes. This bill would authorize MWD to prepare a master reclamation plan, as provided, that identifies each individual surface mining operation in specified counties and satisfies all reclamation plan requirements for each individual surface mining site. The bill would require the State Mining and Geology Board to act as the lead agency for surface mining operations conducted by the MWD and would authorize the board to conduct an inspection of an individual surface mining operation once every 2 calendar years during a period when that individual surface mining operation is idle or the site has no mineral production. The bill would require MWD to be the lead agency for any environmental review of the master reclamation plan. The bill would exempt MWD from having to secure approval of a reclamation plan or obtain a use permit from any city or county under the act to conduct these operations. The bill would require MWD to provide an annual report to the board that separately subreports required information for each surface mining operation, would require MWD to pay a specified annual reporting fee, and would authorize the board, in its role as the lead agency, to collect reasonable inspection costs and to impose an administration fee on MWD in an amount not to exceed the board's reasonable costs in carrying out its duties. To the extent this bill adds to the duties of local governments acting as a lead agency for environmental review of the master reclamation plan, the bill would impose a state-mandated local program. The bill would repeal the provisions authorizing the preparation and approval of the master reclamation plan for MWD on January 1, 2026. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the Metropolitan Water District of Southern California. (3) 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
Feb 2021
Committee Review
Aug 2021
Assembly Passage
May 2021
Senate Passage
Sep 2021
Signed into Law
Sep 2021
Introduced Feb 4, 2021
Signed Sep 16, 2021
Floor votes · Senate Sep 1, 2021 · Assembly Sep 2, 2021
How they voted
39–0
Passed · 1 other
Total votes 40
Sep 1, 2021
D
Democratic31
96% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
25
Key actions
12
Committee
7
Amendments
7
Sep 16, 2021
Signed into law
Approved by the Governor.
legislature
Sep 2, 2021
Assembly · Passed
Assembly Vote: pass (77-0-2)
assembly
Sep 2, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2707.).
lower
Sep 1, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
lower
Sep 1, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2290.).
upper
Aug 23, 2021
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Aug 16, 2021
Introduced
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
Aug 16, 2021
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jul 12, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 8, 2021
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 8).
upper
Jun 9, 2021
Committee
Referred to Com. on N.R. & W.
upper
May 27, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1655.)
lower
May 19, 2021
Lower · Passed
Read second time and amended. Ordered returned to second reading.
lower
May 18, 2021
Introduced
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 16. Noes 0.) (May 5).
lower
Apr 27, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 26). Re-referred to Com. on APPR.
lower
Mar 25, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on W.,P., & W. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 24). Re-referred to Com. on W.,P., & W.
lower
Feb 12, 2021
Committee
Referred to Coms. on NAT. RES. and W.,P., & W.
lower
Feb 5, 2021
Lower · Passed
From printer. May be heard in committee March 7.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Chad Mayes
IIndependent
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