BILL NUMBER: INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Galgiani
FEBRUARY 16, 2011
An act to amend Sections 2711 and 2761 of the Public Resources
Code, relating to resources.

LEGISLATIVE COUNSEL'S DIGEST

AB 566, as introduced, 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, among other things.
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 minimum, the Office of Planning and Research to identify certain
areas of the state, including areas that are standard metropolitan
areas.
This bill would also require the office to identify regions of the
state that are required to prepare a sustainable communities
strategy in order to reduce greenhouse gas emissions.
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 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 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 and sustainable communities strategies.
(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, as
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) Regions of the state that are required, pursuant to Section
65080 of the Government Code, to prepare a sustainable communities
strategy in order to reduce greenhouse gas emissions.
(2)
(3) 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 which 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) Areas containing 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.