(a) Notwithstanding Section 10231.5 of the Government Code, the board shall submit to the Legislature on December 1 of each year a report on the actions taken pursuant to this chapter during the preceding fiscal year. The report shall include a statement of the actions, including legislative recommendations, that are necessary to carry out more completely the purposes and requirements of this chapter.
(b) For purposes of ensuring compliance with Sections 10295.5 and 20676 of the Public Contract Code, the Division of Mine Reclamation shall, at a minimum, 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 all of the following:
(1) Surface mining operations for which a report is required and has been submitted pursuant to Section 2207 that indicates all of the following:
(A) The reclamation plan and financial assurances have been approved pursuant to this chapter.
(B) Compliance with state reclamation standards developed pursuant to Section 2773.
(C) Compliance with the financial assurance guidelines developed pursuant to Section 2773.1.
(D) The annual reporting fee has been submitted to the Division of Mine Reclamation.
(2) Surface mining operations for which an appeal is pending before the board pursuant to subdivision (e) of Section 2770, if the appeal was not pending before the board for more than 180 days.
(3) Surface mining operations for which an inspection is required and for which an inspection notice has been submitted by the lead agency pursuant to Section 2774 that indicates both compliance with the approved reclamation plan and that sufficient financial assurances, pursuant to Section 2773.1, have been approved and secured.
(4) Surface mining operations that meet all of the following:
(A) The reclamation plan has been approved and is in compliance with this chapter.
(B) The mining operation is in compliance with either of the following:
(i) The approved reclamation plan.
(ii) An order to comply issued prior to January 1, 2019, pursuant to this chapter and that is being complied with by the operator. An order to comply may be stipulated to as follows:
(I) By the Division of Mine Reclamation, lead agency, and operator if the enforcement action was initiated by the supervisor.
(II) By the lead agency and the operator, with notice of the stipulation provided to the supervisor if the enforcement action was initiated by the lead agency.
(C) In accordance with Section 2773.1 and Article 11 (commencing with Section 3800) of Title 14 of the California Code of Regulations, as amended, the surface mining operation has an approved financial assurance in place that is adequate for reclamation pursuant to the approved reclamation plan.
(c) Between July 1, 2017, and January 1, 2018, the Division of Mine Reclamation shall submit to the Legislature a report on the activities of lead agencies and surface mining operations. This report shall include, but is not limited to, all of the following:
(1) Number of financial assurance cost estimates reviewed and approved each year by each lead agency.
(2) Number of annual mine inspections performed by each lead agency.
(3) Information on idle mines and interim management plans approved by each lead agency.
(4) Number and location of mining operations that are no longer in operation with no intent to resume and are in the process of reclamation and how many years each of these mining operations has claimed that status.
(5) Information on approved mineral resources management plans across the state from the board.
(6) Number and location of mines with reclamation plans approved prior to the adoption of the 1993 reclamation standards.
(7) Percentage of mining operations on the list published pursuant to subdivision (b) and the number and location of mining operations that have been placed on the list pursuant to clause (ii) of subparagraph (B) of paragraph (4) of subdivision (b).
(8) Number of historic abandoned mines remediated by the Division of Mine Reclamation and locations of known remaining hazards.
(9) Number, types, and status of notices of violations and orders to comply issued by the Division of Mine Reclamation organized by location.
(10) Number of administrative penalties issued by the Division of Mine Reclamation and amounts, as well as information on the amounts actually collected by the Division of Mine Reclamation organized by location.
(d) A report submitted pursuant to subdivision (a) or (c) shall be submitted in compliance with Section 9795 of the Government Code.
(e) This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
(Amended (as amended by Stats. 2013, Ch. 417, Sec. 2) by Stats. 2017, Ch. 521, Sec. 31. (SB 809) Effective January 1, 2018. Repealed as of January 1, 2019, by its own provisions. See later operative version, as amended by Sec. 32 of Stats. 2017, Ch. 521.)
Last modified: October 25, 2018