Juan Carrillo

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.

Existing law requires, within 90 days of a surface mining operation becoming idle, as defined, the operator to submit an interim management plan to the lead agency for review. Existing law authorizes the interim management plan to remain in effect for a period not to exceed 5 years, which may be renewed for an additional period not to exceed 5 years, and which may be renewed for one additional 5-year renewal period at the expiration of the first 5-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan, as provided.

This bill would, until January 1, 2032, authorize a surface mining operation that is authorized to extract construction aggregate materials, as defined, but currently idle, to apply for and request the Division of Mine Reclamation to review and approve an application for "Idle Reserve Mine Status" if specified conditions are met. If the division concludes that all of the specified conditions are met and approves the application for "Idle Reserve Mine Status," and if the lead agency concurs with the division's review and other specified conditions are met, the bill would authorize the lead agency to extend the maximum renewal period that an interim management plan may remain in effect by up to 10 years, as provided. The bill would require the State Mining and Geology Board to adopt regulations to implement these provisions. The bill would require the division to compile and post on its internet website specified information.

Existing law requires the lead agency to cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether surface mining operation is in compliance with the act.

The bill would require the lead agency to also cause inspection of surface mining operations that are idle or in "Idle Reserve Mine Status."