Amended in Senate March 16, 2016

Amended in Senate September 1, 2015

Amended in Senate August 18, 2015

Amended in Senate July 1, 2015

Amended in Assembly June 3, 2015

Amended in Assembly May 5, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1142

Introduced by Assembly Member Gray

February 27, 2015

An act to amend Sections begin delete 2207, end delete 2715.5, 2733, 2770, 2772, 2773.1, 2774, 2774.1, 2774.2, and 2774.4 of, to add Sections 2736, 2772.1, and 2773.4 to, and to add and repeal Section 2207.2 of, the Public Resources Code, relating to mining and geology.

LEGISLATIVE COUNSEL’S DIGEST

AB 1142, as amended, Gray. Mining and geology: surface mining.

(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.

This bill would revise and recast provisions of the act related to the approval of reclamation plans and, among other things, would require a reclamation plan filed by an operator of a surface mining operation with a lead agency to include specified reclamation maps; require a lead agency, when submitting a proposed reclamation plan to the Director of Conservation, to incorporate specified items of information and documents in the submitted reclamation plan within certain timeframes; and require the director to take certain actions upon receiving a proposed reclamation plan. By adding to the duties of a local government acting as a lead agency under the act, this bill would impose a state-mandated local program.

This bill would revise and recast provisions of the act related to financial assurances and, among other things, would require an operator to replace an approved financial assurance only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance; require a lead agency to submit a surface mining operation’s proposed financial assurance cost estimate to the director for review, as specified; and require the director to take certain actions upon receiving a financial assurance cost estimate from a lead agency. By adding to the duties of a local government acting as a lead agency under the act, this bill would impose a state-mandated local program.

This bill also would require a lead agency or the State Mining and Geology Board to conduct a specified public hearing if the lead agency has evidence that an operator may be financially incapable of performing reclamation in accordance with its approved reclamation plan or that the operator has abandoned a surface mining operation without completing reclamation and to take appropriate actions to forfeit the operator’s financial assurances if warranted following that hearing.

This bill would require the director, no later than December 31, 2021, to submit a specified report to the Legislature on the expenditure of moneys in the Mine Reclamation Account.

(2) The act requires the owner or operator of a mining operation to forward annually to the director and the lead agency a report that provides, among other things, proof of annual inspection by the lead agency. The act also requires every lead agency to adopt ordinances that establish procedures for the review and approval of reclamation plans, and, before approving a reclamation plan, to submit the plan to the director. The act requires a lead agency to inspect a surface mining operation within 6 months of receiving a specified report and to conduct an inspection no less than once every calendar year. The act authorizes a lead agency to cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, or state-licensed forester, as specified.

This bill would revise and recast those provisions and, among other things, would begin delete require the owner or operator to provide a copy of the previously completed annual inspection form and a requested date within 12 months of the prior inspection date for the next annual inspection by the lead agency; end delete authorize a lead agency to cause an inspection to be conducted by begin delete an unlicensed end delete begin insert a qualified end insert employee of the lead agency who meets specified criteria and who, after January 1, begin delete 2019, end delete begin insert 2020, end insert has completed an inspection workshop, as provided; impose new requirements on the lead agency related to the timing of inspections; begin delete impose timelines on a lead agency related to the submission of an application for a permit to conduct a surface mining operation; end delete and require the begin delete director end delete begin insert department end insert to begin delete provide end delete begin insert establish end insert a training program for lead agency employees who inspect surface mining operations begin delete after January 1, 2019. end delete begin insert no later than December 31, 2017. end insert By adding to the duties of a local government acting as a lead agency, this bill would impose a state-mandated local program.

(3) The act requires that the lead agency have primary responsibility in enforcing the act. The act authorizes, in cases where the board is not the lead agency, the director to initiate enforcement actions if the lead agency has been notified by the director, for at least 30 days, of a violation and has not taken appropriate enforcement action, or the director determines there is a violation that presents an imminent and substantial endangerment to the public health or safety or the environment. The act establishes procedures and timelines for an operator to have an order setting administrative penalties reviewed by a legislative body of a lead agency, the board, or a superior court.

This bill would revise and recast those provisions and, among other things, would revise the timelines and actions related to the issuance of an order to comply and, after the expiration of a specified review period, authorize the director or the board when it acts as a lead agency to apply to the small claims court or the superior court, as appropriate, for a judgment to collect an unpaid administrative penalty.

(4) 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.

(5) This bill would make its operation contingent on the enactment and operation of Senate Bill 209 of the 2015-16 Regular Session.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 2207 of the Public Resources Code is
amended to read:

2207.  

(a) The owner or the operator of a mining operation
within the state shall forward to the director annually, not later
than a date established by the director, upon forms approved by
the board from time to time, a report that identifies and contains
all of the following:

(1) The name, address, and telephone number of the person,
company, or other owner of the mining operation.

(2) The name, address, and telephone number of a designated
agent who resides in this state, and who will receive and accept
service of all orders, notices, and processes of the lead agency,
board, director, or court.

(3) The location of the mining operation, its name, its mine
number as issued by the Office of Mine Reclamation or the
director, its section, township, range, latitude, longitude, and
approximate boundaries of the mining operation marked on a
United States Geological Survey 71⁄2-minute or 15-minute
quadrangle map.

(4) The lead agency.

(5) The approval date of the mining operation’s reclamation
plan.

(6) The mining operation’s status as active, idle, reclaimed, or
in the process of being reclaimed.

(7) The commodities produced by the mine and the type of
mining operation.

(8) A copy of the previously completed annual inspection form
and a requested date, within 12 months of the prior inspection date,
for the next annual inspection by the lead agency.

(9) Proof of financial assurances.

(10) Ownership of the property, including government agencies,
if applicable, by the assessor’s parcel number, and total assessed
value of the mining operation.

(11) The approximate permitted size of the mining operation
subject to Chapter 9 (commencing with Section 2710), in acres.

(12) The approximate total acreage of land newly disturbed by
the mining operation during the previous calendar year.

(13) The approximate total of disturbed acreage reclaimed during
the previous calendar year.

(14) The approximate total unreclaimed disturbed acreage
remaining as of the end of the calendar year.

(15) The total production for each mineral commodity produced
during the previous year.

(16) A copy of any approved reclamation plan and any
amendments or conditions of approval to any existing reclamation
plan approved by the lead agency.

(b) (1) Every year, not later than the date established by the
director, the person submitting the report pursuant to subdivision
(a) shall forward to the lead agency, upon forms furnished by the
board, a report that provides all of the information specified in
subdivision (a).

(2) The owner or operator of a mining operation shall allow
access to the property to any governmental agency or the agent of
any company providing financial assurances in connection with
the reclamation plan in order that the reclamation can be carried
out by the entity or company, in accordance with the provisions
of the reclamation plan.

(c) Subsequent reports shall include only changes in the
information submitted for the items described in subdivision (a),
except that, instead of the approved reclamation plan, the reports
shall include any reclamation plan amendments approved during
the previous year. The reports shall state whether review of a
reclamation plan, financial assurances, or an interim management
plan is pending under subdivision (b) or (h) of Section 2770, or
whether an appeal before the board or lead agency governing body
is pending under subdivision (e) or (h) of Section 2770. The
director shall notify the person submitting the report and the
owner’s designated agent in writing that the report and the fee
required pursuant to subdivision (d) have been received, specify
the mining operation’s mine number if one has not been issued by
the Office of Mine Reclamation, and notify the person and agent
of any deficiencies in the report within 90 days of receipt. That
person or agent shall have 30 days from receipt of the notification
to correct the noted deficiencies and forward the revised report to
the director and the lead agency. Any person who fails to comply
with this section, or knowingly provides incorrect or false
information in reports required by this section, may be subject to
an administrative penalty as provided in subdivision (c) of Section
2774.1.

(d) (1) The board shall impose, by regulation, pursuant to
paragraph (2), an annual reporting fee on, and method for collecting
annual fees from, each active or idle mining operation. The
maximum fee for any single mining operation may not exceed four
thousand dollars ($4,000) annually and may not be less than one
hundred dollars ($100) annually, as adjusted for the cost of living
as measured by the California Consumer Price Index for all urban
consumers, calendar year averages, using the percentage change
in the previous year, beginning with the 2005-06 fiscal year and
annually thereafter.

(2) (A) The board shall adopt, by regulation, a schedule of fees
authorized under paragraph (1) to cover the department’s cost in
carrying out this section and Chapter 9 (commencing with Section
2710), as reflected in the Governor’s proposed Budget, and may
adopt those regulations as emergency regulations. In establishing
the schedule of fees to be paid by each active and idle mining
operation, the fees shall be calculated on an equitable basis
reflecting the size and type of operation. The board shall also
consider the total assessed value of the mining operation, the
acreage disturbed by mining activities, and the acreage subject to
the reclamation plan.

(B) Regulations adopted pursuant to this subdivision shall be
adopted by the board in accordance with the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code). The
adoption of any emergency regulations pursuant to this subdivision
shall be considered necessary to address an emergency and shall
be considered by the Office of Administrative Law to be necessary
for the immediate preservation of the public peace, health, safety,
and general welfare.

(3) The total revenue generated by the reporting fees may not
exceed, and may be less than, the amount of three million five
hundred thousand dollars ($3,500,000), as adjusted for the cost of
living as measured by the California Consumer Price Index for all
urban consumers, calendar year averages, using the percentage
change in the previous year, beginning with the 2005-06 fiscal
year and annually thereafter. If the director determines that the
revenue collected during the preceding fiscal year was greater or
less than the cost to operate the program, the board shall adjust
the fees to compensate for the overcollection or undercollection
of revenues.

(4) (A) The reporting fees established pursuant to this
subdivision shall be deposited in the Mine Reclamation Account,
which is hereby created. Any fees, penalties, interest, fines, or
charges collected by the director or board pursuant to this chapter
or Chapter 9 (commencing with Section 2710) shall be deposited
in the Mine Reclamation Account. The money in the account shall
be available to the department and board, upon appropriation by
the Legislature, for the purpose of carrying out this section and
complying with Chapter 9 (commencing with Section 2710), which
includes, but is not limited to, classification and designation of
areas with mineral resources of statewide or regional significance,
reclamation plan and financial assurance review, mine inspection,
and enforcement.

(B) (i) In addition to reporting fees, the board shall collect five
dollars ($5) per ounce of gold and ten cents ($0.10) per ounce of
silver mined within the state and shall deposit the fees collected
in the Abandoned Mine Reclamation and Minerals Fund
Subaccount, which is hereby created in the Mine Reclamation
Account. The department may expend the moneys in the
subaccount, upon appropriation by the Legislature, for only the
purposes of Section 2796.5 and as authorized herein for the
remediation of abandoned mines.

(ii) Notwithstanding subdivision (j) of Section 2796.5, fees
collected pursuant to clause (i) may also be used to remediate
features of historic abandoned mines and lands that they impact.
For the purposes of this section, historic abandoned mines are
mines for which operations have been conducted before January
1, 1976, and include, but are not limited to, historic gold and silver
mines.

(5) In case of late payment of the reporting fee, a penalty of not
less than one hundred dollars ($100) or 10 percent of the amount
due, whichever is greater, plus interest at the rate of 11⁄2 percent
per month, computed from the delinquent date of the assessment
until and including the date of payment, shall be assessed. New
mining operations that have not submitted a report shall submit a
report prior to commencement of operations. The new operation
shall submit its fee according to the reasonable fee schedule
adopted by the board, and the month that the report is received
shall become that operation’s anniversary month.

(e) The lead agency, or the board when acting as the lead agency,
may impose a fee upon each mining operation to cover the
reasonable costs incurred in implementing this chapter and Chapter
9 (commencing with Section 2710).

(f) For purposes of this section, “mining operation” means a
mining operation of any kind or character whatever in this state,
including, but not limited to, a mining operation that is classified
as a “surface mining operation” as defined in Section 2735, unless
excepted by Section 2714. For the purposes of fee collections only,
“mining operation” may include one or more mines operated by
a single operator or mining company on one or more sites, if the
total annual combined mineral production for all sites is less than
100 troy ounces for precious metals, if precious metals are the
primary mineral commodity produced, or less than 100,000 short
tons if the primary mineral commodity produced is not precious
metals.

(g) Any information in reports submitted pursuant to subdivision
(a) that includes or otherwise indicates the total mineral production,
reserves, or rate of depletion of any mining operation may not be
disclosed to any member of the public, as defined in subdivision
(b) of Section 6252 of the Government Code. Other portions of
the reports are public records unless excepted by statute. Statistical
bulletins based on these reports and published under Section 2205
shall be compiled to show, for the state as a whole and separately
for each lead agency, the total of each mineral produced therein.
In order not to disclose the production, reserves, or rate of depletion
from any identifiable mining operation, no production figure shall
be published or otherwise disclosed unless that figure is the
aggregated production of not less than three mining operations. If
the production figure for any lead agency would disclose the
production, reserves, or rate of depletion of less than three mining
operations or otherwise permit the reasonable inference of the
production, reserves, or rate of depletion of any identifiable mining
operation, that figure shall be combined with the same figure of
not less than two other lead agencies without regard to the location
of the lead agencies. The bulletin shall be published annually by
June 30 or as soon thereafter as practicable.

(h) The approval of a form by the board pursuant to this section
is not the adoption of a regulation for purposes of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) and is not subject to that act.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 2207.2 is added to the Public Resources
Code, to read:

2207.2.  

(a) No later than December 31, 2021, the director shall
report to the Legislature on the expenditure of moneys in the Mine
Reclamation Account, created pursuant to Section 2207. The report
shall include all of the following:

(1) An overview of how the moneys expended over the prior
five begin insert fiscal end insert years have been allocated between classification and
designation of areas with mineral resources of statewide or regional
significance, reclamation plan and financial assurance review,
begin delete mine inspection, end delete begin insert lead agency support and assistance, annual report
processing, support for the board, end insert enforcement, and any other
activities that constituted more than 5 percent of expenditures.

(2) Information on the portion of the fees that have been
collected from small construction aggregate providers with under
50,000 tons of production.

(3) Information on the percentage of the fees that have been
paid by metallic mineral operations.

(b) This section shall remain in effect only until January 1, 2026,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2026, deletes or extends that date.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 2715.5 of the Public Resources Code is
amended to read:

2715.5.  

(a) The Cache Creek Resource Management Plan, in
conjunction with a site specific plan deemed consistent by the lead
agency with the Cache Creek Resource Management Plan, until
December 31, 2017, shall be considered to be a functional
equivalent of a reclamation plan for the purposes of this chapter.
No other reclamation plan shall be required to be reviewed and
approved for any excavation project subject to the Cache Creek
Resource Management Plan that is conducted in conformance with
an approved site specific plan that is consistent with the Cache
Creek Resource Management Plan and the standards specified in
that plan governing erosion control, channel stabilization, habitat
restoration, flood control, or infrastructure maintenance, if that
plan is reviewed and approved by a lead agency pursuant to this
chapter.

(b) For the purposes of this section, the board of supervisors of
the county in which the Cache Creek Resource Management Plan
is to be implemented shall prepare and file the annual report
required to be prepared pursuant to Section 2207.

(c) Nothing in this section precludes an enforcement action by
the board or the department brought pursuant to this chapter or
Section 2207 if the lead agency or the director determines that a
surface mining operator, acting under the authority of the Cache
Creek Resource Management Plan, is not in compliance with the
requirements of this chapter or Section 2207.

(d) For purposes of this section, “site specific plan” means an
individual project plan approved by the lead agency that is
consistent with the Cache Creek Resource Management Plan. Site
specific plans prepared in conformance with the Cache Creek
Resource Management Plan shall include, at a minimum, the
information required pursuant to subdivision (c) of Section 2772,
shall comply with the requirements of Article 9 (commencing with
Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title
14 of the California Code of Regulations, and shall be provided
along with a financial assurance estimate to the department for
review and comment pursuant to Section 2772.1 or 2773.4, as
applicable. Notwithstanding the number of days authorized by
subdivision (b) of Section 2772.1 or subdivision (c) of Section
2773.4, the department shall review the site specific plan and the
financial assurance estimate and prepare any written comments
within 15 days from the date of receipt of the plan and the estimate.

(e) Prior to engaging in an excavation activity in conformance
with the Cache Creek Resource Management Plan, a surface mining
operation shall be required to obtain financial assurances that meet
the requirements of Section 2773.1.

(f) This section shall remain in effect only until December 31,
2017, and as of that date is repealed, unless a later enacted statute
that is enacted before December 31, 2017, deletes or extends that
date.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

Section 2733 of the Public Resources Code is amended
to read:

2733.  

“Reclamation” means the combined process of land
treatment that minimizes water degradation, air pollution, damage
to aquatic or wildlife habitat, flooding, erosion, and other adverse
effects from surface mining operations, including adverse surface
effects incidental to underground mines, so that mined lands are
reclaimed to a usable condition that is readily adaptable for
alternate land uses and create no danger to public health or safety.
The process may extend to affected lands surrounding mined lands,
and may require backfilling, grading, resoiling, revegetation, soil
compaction, slope stabilization, or other measures.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 2736 is added to the Public Resources Code,
to read:

2736.  

“Financial assurances” means a current approved
financial assurance cost estimate and a financial assurance
mechanism that is at least equal to the current approved financial
assurance cost estimate.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 2770 of the Public Resources Code is amended
to read:

2770.  

(a) Except as provided in this section, a person shall not
conduct surface mining operations unless a permit is obtained
from, a reclamation plan has been submitted to and approved by,
and financial assurances for reclamation have been approved by
the lead agency for the operation pursuant to this article.

(b) A person with an existing surface mining operation who has
vested rights pursuant to Section 2776 and who does not have an
approved reclamation plan shall submit a reclamation plan to the
lead agency not later than March 31, 1988. If a reclamation plan
application is not on file by March 31, 1988, the continuation of
the surface mining operation is prohibited until a reclamation plan
is submitted to the lead agency. For the purposes of this
subdivision, a reclamation plan existing prior to January 1, begin delete 2016, end delete
begin insert 2017, end insert may consist of all or the appropriate sections of any plans
or written agreements previously approved by the lead agency or
another agency, together with any additional documents needed
to substantially meet the requirements of Sections 2772 and 2773
and the lead agency surface mining ordinance adopted pursuant
to subdivision (a) of Section 2774, provided that all documents,
which together were proposed to serve as the reclamation plan,
are submitted for approval to the lead agency in accordance with
this chapter.

(c) [Reserved]

(d) [Reserved]

(e) (1) A person who can substantiate, based on the evidence
of the record, that a lead agency has either (1) failed to act
according to due process or has relied on considerations not related
to the specific applicable requirements of Sections 2772, 2772.1,
2773, 2773.1, 2773.3, and 2773.4 and the lead agency surface
mining ordinance adopted pursuant to subdivision (a) of Section
2774 in reaching a decision to deny approval of a reclamation plan
or financial assurances for reclamation, or (2) failed to act within
a reasonable time of receipt of a completed application may appeal
that action or inaction to the board.

(2) The director may appeal a lead agency’s approval of a
financial assurance cost estimate to the board if the director has
commented pursuant to Section 2773.4 that the financial assurance
cost estimate is inadequate based on consideration of the following:

(A) Section 2773.1.

(B) Article 11 (commencing with Section 3800) begin insert of Subchapter
1 of Chapter 8 of Division 2 end insert of Title 14 of the California Code of
Regulations.

(C) The board’s financial assurance guidelines adopted pursuant
to subdivision (f) of Section 2773.1

(3) If the approved financial assurance cost estimate applies to
a reclamation plan approved for a new surface mining operation,
an expanded surface mining operation, or an interim financial
assurance due to an order to comply, stipulated or otherwise, the
operator shall provide a financial assurance mechanism pursuant
to subdivision (e) of Section 2773.4 in the amount of the approved
financial assurance cost estimate, notwithstanding an appeal filed
pursuant to this subdivision and subject to modification pending
the outcome of the appeal.

(4) If the approved financial assurance cost estimate is an update
to an existing approved financial assurance cost estimate, the
existing financial assurance mechanism shall remain in place and
shall not be adjusted until a final determination by the board on
the appeal filed pursuant to this subdivision.

(f) (1) The board may decline to hear an appeal if it determines
that the appeal raises no substantial issues related to the lead
agency’s decision to deny the approval of a reclamation plan or
financial assurance, begin delete on end delete begin insert or end insert the timeliness in reviewing a completed
begin delete application, or on the approval of a financial assurance cost
estimate that the director has commented is inadequate. end delete begin insert application.
Appeals filed by the director shall be heard by the board. end insert

(2) If the board takes up an appeal, the appeal shall be scheduled
and heard at a public hearing within 45 days of the filing of the
begin delete appeal. If end delete begin insert appeal, or a longer period as may be mutually agreed
to by the board, the appellant, and the operator, or, if end insert the appeal
is filed by the director, begin delete a longer period may be mutually agreed
upon end delete by the board, begin delete the appellant, end delete the director, and the begin delete operator, as
applicable. end delete begin insert operator. end insert

(g) (1) (A) When hearing an appeal filed pursuant to begin insert paragraph
(1) or (2) of end insert subdivision (e), the board shall determine whether the
reclamation plan or the financial assurance cost estimate
substantially meets the applicable requirements of Sections 2772,
2772.1, 2773, 2773.1, 2773.3, and begin delete 2773.4 end delete begin insert 2773.4; Article 1
(commencing with Section 3500), Article 9 (commencing with
Section 3700), and Article 11 (commencing with Section 3800) of
Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the
California Code of Regulations; end insert and the lead agency’s surface
mining ordinance adopted pursuant to subdivision (a) of Section
2774. The board shall approve or uphold a reclamation plan or
financial assurance cost estimate determined to meet those
applicable requirements. begin insert In any event, financial assurances for
reclamation shall be sufficient to perform reclamation of lands
remaining disturbed. end insert

(B) For purposes of this subdivision, “substantially” means
actual compliance in respect to the substance and form
requirements essential to the objectives of this chapter.

(2) (A) A reclamation plan determined not to meet the
applicable requirements of Sections 2772, 2772.1, 2773, 2773.1,
2773.3, and begin delete 2773.4 end delete begin insert 2773.4; Article 1 (commencing with Section
3500), Article 9 (commencing with Section 3700), and Article 11
(commencing with Section 3800) of Subchapter 1 of Chapter 8 of
Division 2 of Title 14 of the California Code of Regulations; end insert and
the lead agency’s surface mining ordinance adopted pursuant to
subdivision (a) of Section 2774 shall be returned to the operator
with a notice of deficiencies. The operator shall be granted, once
only, a period of 30 days or a longer period mutually agreed upon
by the operator and the board to do both of the following:

(i) Correct the noted deficiencies.

(ii) Submit the revised reclamation plan to the lead agency for
review and approval.

(B) Within 10 days of the hearing, the board shall provide notice
via certified mail to the lead agency, the operator, and the
department of the board’s determination. The notice shall include
instructions to the operator to submit to the lead agency for
approval a revised reclamation plan consistent with the board’s
determination.

(3) (A) If the board determines the lead agency’s approved
financial assurance cost estimate does not meet the requirements
of Sections begin delete 2773.1, end delete begin insert 2773.1 and end insert 2773.4, Article 11 (commencing
with Section 3800) begin insert of Subchapter 1 end insert of Chapter 8 of Division 2 of
Title 14 of the California Code of Regulations, and the board’s
financial assurance guidelines adopted pursuant to subdivision (f)
of Section 2773.1, the board shall note the begin delete deficiencies, and end delete
begin insert deficiencies and, end insert based on the record, include adequate cost
estimates for each noted deficiency.

(B) Within 10 days of the hearing, the board shall provide notice
via certified mail to the lead agency, the operator, and the
department of the board’s determination with instructions to the
operator to submit to the lead agency for approval a revised
financial assurance cost estimate consistent with the board’s
determination. begin insert The instructions shall include a reasonable
submission deadline of not less than 30 days. end insert

(C) The lead agency shall approve the revised financial
assurance cost estimate. That approval shall supersede and void
the prior approved financial assurance cost estimate.

(D) A financial assurance mechanism shall be established by
the operator pursuant to subdivision (e) of Section 2773.4 following
the approval of the financial assurance cost estimate.

begin insert

(E) The failure of the operator to submit to the lead agency a
revised financial assurance cost estimate consistent with the
board’s determination and deadline may be grounds for the
issuance of an order to comply pursuant to subdivision (a) of
Section 2774.1.

end insert

(h) (1) Within 90 days of a surface mining operation becoming
idle, as defined in Section 2727.1, the operator shall submit to the
lead agency for review and approval an interim management plan.
The review and approval of an interim management plan shall not
be considered a project for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000)). The approved interim management plan shall be
considered an amendment to the surface mining operation’s
approved reclamation plan for purposes of this chapter. The interim
management plan shall provide measures the operator will
implement to maintain the site in compliance with this chapter,
including, but not limited to, all permit conditions.

(2) The interim management plan may remain in effect for a
period not to exceed five years, at which time the lead agency shall
do one of the following:

(A) Renew the interim management plan for an additional period
not to exceed five years, which may be renewed for one additional
five-year renewal period at the expiration of the first five-year
renewal period, if the lead agency finds that the surface mining
operator has complied fully with the interim management plan.

(B) Require the operator to commence reclamation in accordance
with its approved reclamation plan.

(3) The financial assurances required by Section 2773.1 shall
remain in effect during the period that the surface mining operation
is idle. If the surface mining operation is still idle after the
expiration of its interim management plan, the operator shall
commence reclamation in accordance with its approved reclamation
plan.

(4) Within 60 days of the receipt of the interim management
plan or a longer period mutually agreed upon by the lead agency
and the operator, the lead agency shall review and approve the
plan in accordance with its ordinance adopted pursuant to
subdivision (a) of Section 2774, so long as the plan satisfies the
requirements of this subdivision, and so notify the operator in
writing. Otherwise, the lead agency shall notify the operator in
writing of any deficiencies in the plan. The operator shall have 30
days, or a longer period mutually agreed upon by the operator and
the lead agency, to submit a revised plan.

(5) The lead agency shall approve or deny approval of the
revised interim management plan within 60 days of receipt. If the
lead agency denies approval of the revised interim management
plan, the operator may appeal that action to the lead agency’s
governing body, which shall schedule a public hearing within 45
days of the filing of the appeal or a longer period mutually agreed
upon by the operator and the governing body.

(6) Unless review of an interim management plan is pending
before the lead agency or an appeal is pending before the lead
agency’s governing body, a surface mining operation that remains
idle for over one year after becoming idle, as defined in Section
2727.1, without obtaining approval of an interim management plan
shall be considered abandoned and the operator shall commence
and complete reclamation in accordance with the approved
reclamation plan.

(i) An enforcement action that may be brought against a surface
mining operation for operating without an approved reclamation
plan, financial assurance, or interim management plan shall be
held in abeyance pending review pursuant to subdivision (b) or
(h), or the resolution of an appeal filed with the board pursuant to
subdivision (e), or with a lead agency governing body pursuant to
subdivision (h).

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 2772 of the Public Resources Code is amended
to read:

2772.  

(a) The reclamation plan shall be filed with the lead
agency, on a form provided by the lead agency, by any person who
owns, leases, or otherwise controls or operates on all or any portion
of any mined lands and who plans to conduct surface mining
operations on the lands.

(b) The reclamation plan shall include a chart identifying the
page number, chapter, appendix, or other specific location in the
reclamation plan where content meeting the requirements, as
applicable, of Sections 2772, 2773, and 2773.3 and Article 1
(commencing with Section 3500) and Article 9 (commencing with
Section 3700) begin insert of Subchapter 1 end insert of Chapter 8 of Division 2 of Title
14 of the California Code of Regulations, is located.

(c) The reclamation plan shall include all of the following
information and documents:

(1) The name and address of the operator and the names and
addresses of any persons designated by the operator as an agent
for the service of process.

(2) The anticipated quantity and type of minerals for which the
surface mining operation is to be conducted.

(3) The proposed dates for the initiation and termination of the
surface mining operation.

(4) The maximum anticipated depth of the surface mining
operation.

(5) A reclamation plan map or maps that shall include all of the
following:

(A) Size and legal description of the lands that will be affected
by the surface mining operation and the names and addresses of
the owners of all surface interests and mineral interests in the lands.

(B) Clearly defined and accurately drawn property lines,
setbacks, and the reclamation plan boundary.

(C) Existing topography and final topography depicted with
contour lines drawn at appropriate intervals for the site’s
conditions.

(D) Detailed geologic description of the area of the surface
mining operation.

(E) Location of railroads, utility facilities, access roads,
temporary roads to be reclaimed, and any roads remaining for the
approved end use.

(F) All maps, diagrams, or calculations that require preparation
in accordance with the Professional Engineers Act (Chapter 7
(commencing with Section 6700) of Division 3 of the Business
and Professions Code), the Geologist and Geophysicist Act
(Chapter 12.5 (commencing with Section 7800) of Division 3 of
the Business and Professions Code), or the Professional Land
Surveyors’ Act (Chapter 15 (commencing with Section 8700) of
Division 3 of the Business and Professions Code) shall be prepared
by a California-licensed professional, shall include his or her
license number and name, and shall bear the signature and seal of
the licensee.

(6) A description of and a plan for the type of surface mining
to be employed and a time schedule that will provide for the
completion of surface mining on each segment of the mined lands
so that reclamation can be initiated at the earliest possible time on
those portions of the mined lands that will not be subject to further
disturbance by the surface mining operation.

(7) A description of the proposed use or potential uses of the
mined lands after reclamation and evidence that all owners of a
possessory interest in the land have been notified of the proposed
use or potential uses.

(8) A description of the manner in which reclamation, adequate
for the proposed use or potential uses, will be accomplished,
including both of the following:

(A) A description of the manner in which known contaminants
will be controlled and mining waste will be disposed.

(B) A description of the manner in which affected streambed
channels and streambanks will be rehabilitated to a condition that
minimizes erosion and sedimentation.

(9) An assessment of the effect of implementation of the
reclamation plan on future mining in the area.

(10) A statement that the person submitting the reclamation
plan accepts responsibility for reclaiming the mined lands in
accordance with the reclamation plan.

(11) Any other information that the lead agency may require
by ordinance.

(d) An item of information or a document required pursuant to
subdivision (c) that has already been prepared as part of a permit
application for the surface mining begin delete operation, end delete begin insert operation end insert or as part
of an environmental document prepared for the project pursuant
to the California Environmental Quality Act (Division 13
(commencing with Section 21000)) may be included in the
reclamation plan by reference, if that item of information or that
document is attached to the reclamation plan when the lead agency
submits the reclamation plan to the director for review. To the
extent the information, document, or component of a document
referenced in the reclamation plan is used to meet the requirements
of subdivision (c) or Section 2773 or 2773.3, the information,
document, or component of a document shall become part of the
reclamation plan and shall be subject to all other requirements of
this article.

(e) Nothing in this section is intended to limit or expand the
department’s authority or responsibility to review a document in
accordance with the California Environmental Quality Act
(Division 13 (commencing with Section 21000)).

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 2772.1 is added to the Public Resources Code,
to read:

2772.1.  

(a) (1) Prior to approving a surface mining operation’s
reclamation plan or plan amendment, the lead agency shall submit
the reclamation plan or plan amendment to the director for review.
The reclamation plan or plan amendment shall be submitted to the
director as early as practicable in order to facilitate the lead
agency’s review of the reclamation plan pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000)). All documentation for the submission shall be submitted
to the director at one time.

(2) An item of information, document, or component of a
document that has been prepared as part of a permit application
for the surface mining operation or as part of an environmental
document prepared for the project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000)) shall be incorporated into the reclamation plan or plan
amendment if it is used to satisfy the requirements of subdivision
(c) of Section 2772, Sections 2773 and 2773.3, and Article 1
(commencing with Section 3500) and Article 9 (commencing with
Section 3700) begin insert of Subchapter 1 end insert of Chapter 8 of Division 2 of Title
14 of the California Code of Regulations, as applicable. If an item
of information, document, or component of a document is
incorporated, reference to the item shall be added to the chart
required pursuant to subdivision (b) of Section 2772 and shall be
properly indexed with the corresponding appendix reference and
page numbers, if applicable. The item shall be included in an
appendix to and shall become part of the reclamation plan or plan
amendment.

(3) The lead agency shall certify to the director that the
reclamation plan or plan amendment is a complete submission and
is in compliance with all of the following:

(A) The applicable requirements of this chapter.

(B) Article 1 (commencing with Section 3500) and Article 9
(commencing with Section 3700) begin insert of Subchapter 1 end insert of Chapter 8 of
Division 2 of Title 14 of the California Code of Regulations, as
applicable.

(C) The lead agency’s surface mining ordinance in effect at the
time that the reclamation plan or plan amendment is submitted to
the director for review, except if the board is the lead agency.

(b) (1) The director shall have 30 days from the receipt of a
reclamation plan or plan amendment to notify the lead agency and
operator if the submission is incomplete. An incomplete submission
is one that does not meet the content requirements of begin delete subdivisions
(c) and (d) of Section 2772, end delete Sections begin delete 2773 end delete begin insert 2772, 2773, end insert and begin delete 2773.3, end delete
begin insert 2773.3 end insert and Article 1 (commencing with Section 3500) and Article
9 (commencing with Section 3700) begin insert of Subchapter 1 end insert of Chapter 8
of Division 2 of Title 14 of the California Code of Regulations, as
applicable. The director’s notice shall specifically identify all
aspects of the submission that are incomplete.

(2) The director shall have 30 days after the date the director is
required to notify the lead agency if the submission is incomplete
to prepare written comments on the reclamation plan or plan
amendment if the director chooses.

(3) If the director has issued a notice of incomplete submission
pursuant to paragraph (1), the director’s time to prepare written
comments on the reclamation plan or plan amendment shall not
commence until the director receives each item identified in the
notice. The director’s time shall include any remaining time
pursuant to paragraph (1) and the time allowed pursuant to
paragraph (2).

(4) The lead agency shall review and evaluate written comments
received from the director relating to the reclamation plan or plan
amendment within a reasonable amount of time.

(5) (A) The lead agency shall prepare a written response to the
director’s comments received pursuant to paragraph (2) describing
the disposition of the major issues raised by the comments. The
lead agency shall submit its response to the director at least 30
days prior to the intended approval of the reclamation plan or plan
amendment. The lead agency’s response shall include either of the
following:

(i) A description of how the lead agency proposes to adopt the
director’s comments to the reclamation plan or plan amendment.

(ii) A detailed description of the reasons why the lead agency
proposes not to adopt the director’s comments.

(B) Copies of any written comments received and responses
prepared by the lead agency pursuant to subparagraph (A) shall
be forwarded to the operator.

(6) (A) The lead agency shall give the director at least 30 days’
notice of the time, place, and date of the hearing at which the
reclamation plan or plan amendment is scheduled to be approved
by the lead agency.

(B) If no hearing is required by this chapter, the local ordinance,
or other state law, the lead agency shall provide 30 days’ notice
to the director that the lead agency intends to approve the
reclamation plan or plan amendment.

(7) (A) Within 30 days following the approval of the
reclamation plan or plan amendment, the lead agency shall provide
the director notice of the approval. During that period, the
department retains all powers, duties, and authorities of this
chapter. The lead agency shall provide, as soon as practicable but
no later than 60 days after approval of the reclamation plan or plan
amendment, certified copies of all maps, diagrams, or calculations,
signed and sealed.

(B) No later than 60 days after the approval of the reclamation
plan or plan amendment, the lead agency shall provide to the
director an official copy of the approved reclamation plan or plan
amendment. The official copy shall incorporate all approved
modifications to the reclamation plan or plan amendment and shall
include an index showing any permit conditions of approval or
binding mitigation measures adopted or certified pursuant to the
California Environmental Quality Act (Division 13 (commencing
with Section 21000)) that are necessary to meet the requirements
of subdivision (c) of Section 2772, Sections 2773 and 2773.3, and
Article 1 (commencing with Section 3500) and Article 9
(commencing with Section 3700) begin insert of Subchapter 1 end insert of Chapter 8 of
Division 2 of Title 14 of the California Code of Regulations, as
applicable. Those conditions of approval and mitigation measures
shall be included in an appendix to the reclamation plan or plan
amendment and shall be considered part of the reclamation
compliance requirements and subject to the annual inspection
requirements.

(c) To the extent there is a conflict between the comments of a
trustee agency or a responsible agency that are based on that
agency’s statutory or regulatory authority and the comments of
other commenting agencies that are received by the lead agency
pursuant to the California Environmental Quality Act (Division
13 (commencing with Section 21000)) regarding a reclamation
plan or plan amendments, the lead agency shall consider only the
comments of the trustee agency or responsible agency.

(d) Nothing in this section is intended to limit or expand the
department’s authority or responsibility to review a document in
accordance with the California Environmental Quality Act
(Division 13 (commencing with Section 21000)).

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 2773.1 of the Public Resources Code is
amended to read:

2773.1.  

(a) Lead agencies shall require financial assurances
of each surface mining operation to ensure reclamation is
performed in accordance with the surface mining operation’s
approved reclamation plan, as follows:

(1) A financial assurance mechanism may take the form of
surety bonds executed by an admitted surety insurer, as defined
in subdivision (a) of Section 995.120 of the Code of Civil
Procedure, irrevocable letters of credit, trust funds, or other forms
of financial assurances specified by the board pursuant to
subdivision (e) that the lead agency reasonably determines are
adequate to perform reclamation in accordance with the surface
mining operation’s approved reclamation plan.

(2) The financial assurances shall remain in effect for the
duration of the surface mining operation and any additional period
until reclamation is completed.

(3) The amount of financial assurances required of a surface
mining operation for any one year shall be reviewed and, if
necessary, adjusted once each calendar year to account for new
lands disturbed by surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the approved
reclamation plan. An operator shall be required to replace an
approved financial assurance mechanism to bond for the
reclamation of the surface mining operation only if the financial
assurance cost estimate identifies a need to increase the amount
of the financial assurance mechanism.

begin insert

(4) Financial assurance cost estimates shall be submitted to the
lead agency for review on a form developed by the director and
approved by the board. The form shall be subject to the
requirements of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).

end insert begin delete

(4)

end delete

begin insert (5) end insert  Each financial assurance mechanism shall be made payable
to the lead agency and the department. A financial assurance
mechanism shall not be released without the consent of the lead
agency and the department. A financial assurance mechanism that
was approved by the lead agency prior to January 1, 1993, and
was made payable to the State Geologist shall be considered
payable to the department for purposes of this chapter. However,
if a surface mining operation has received approval of its financial
assurances from a public agency other than the lead agency, the
lead agency shall deem those financial assurances adequate for
purposes of this section, or shall credit them toward fulfillment of
the financial assurances required by this section, if they are made
payable to the public agency, the lead agency, and the department
and otherwise meet the requirements of this section. In any event,
if a lead agency and one or more public agencies exercise
jurisdiction over a surface mining operation, the total amount of
financial assurances required by the lead agency and the public
agencies for any one year shall not exceed that amount that is
necessary to perform reclamation of lands remaining disturbed.
For purposes of this paragraph, a “public agency” may include a
federal agency.

(b) (1) If the lead agency, or the board when acting as a lead
agency, has evidence that an operator may be financially incapable
of completing reclamation in accordance with its approved
reclamation plan or that the operator may have abandoned the
surface mining operation without completing reclamation, the lead
agency or the board, when acting as a lead agency, shall conduct
a public hearing to determine whether the operator is financially
capable of completing reclamation in accordance with the approved
reclamation plan or has abandoned the surface mining operation.
The hearing shall be noticed to the operator and the director at
least 30 days prior to the hearing.

(2) If the lead agency or the board, following the public hearing
conducted pursuant to paragraph (1), determines that the operator
is financially incapable of performing reclamation in accordance
with its approved reclamation plan or has abandoned its surface
mining operation without completing reclamation, either the lead
agency or the director shall do all of the following:

(A) Notify the operator by personal service or certified mail
that the lead agency or the director intends to take appropriate
action to forfeit the financial assurances and specify the reasons
for so doing.

(B) Proceed to take appropriate action to require forfeiture of
the financial assurances.

(C) Use the proceeds from the forfeited financial assurances to
conduct and complete reclamation in accordance with the approved
reclamation plan. If the surface mining operation cannot be
reclaimed in accordance with its approved reclamation plan, or
the financial assurances are inadequate to reclaim in accordance
with its approved reclamation plan, the lead agency or director
may use forfeited financial assurances to reclaim or remediate
mining disturbances as appropriate for the site conditions as
determined by both the lead agency and the director. The financial
assurances shall not be used for any other purpose. The operator
is responsible for the costs of conducting and completing
reclamation in accordance with the approved reclamation plan or
a remediation plan developed pursuant to this section as determined
appropriate by both the lead agency and the director that are in
excess of the proceeds from the forfeited financial assurances.

(c) Financial assurances shall no longer be required of a surface
mining operation, and shall be released, upon the written
concurrence of the lead agency and the director, which shall be
forwarded to the operator and the institutions providing or holding
the financial assurance mechanism, that reclamation has been
completed in accordance with the approved reclamation plan. If a
surface mining operation is sold or ownership is transferred to
another person, the existing financial assurances shall remain in
force and shall not be released by the lead agency and the director
until new financial assurances are secured from the new owner
and have been approved by the lead agency in accordance with
Sections 2770, 2773.1, and 2773.4. Within 90 days of the sale or
transfer of a surface mining operation, the new operator shall
submit an appropriate financial assurance mechanism, which may
be the existing mechanism if the existing mechanism is payable
in the event of the new operator’s begin delete default, end delete begin insert financial incapability
or abandonment of the surface mining operation, end insert that is subject
to review by the lead agency and the director pursuant to
subdivision (e) of Section 2773.4. Within 15 days of the sale or
transfer of a surface mining operation, the new operator shall sign
a new statement of reclamation responsibility in accordance with
paragraph (10) of subdivision (c) of Section 2772.

(d) The lead agency shall have primary responsibility to seek
forfeiture of financial assurances and to reclaim mine sites pursuant
to subdivision (b). However, if the board is not the lead agency
pursuant to Section 2774.4, the director may act to seek forfeiture
of financial assurances and reclaim mine sites pursuant to
subdivision (b) only if both of the following occurs:

(1) The financial incapability of the operator or the abandonment
of the surface mining operation has come to the attention of the
director.

(2) The lead agency has been notified in writing by the director
of the financial incapability of the operator or the abandonment
of the surface mining operation for at least 15 days, the lead agency
has not taken appropriate measures to seek forfeiture of the
financial assurances and reclaim the mine site, and one of the
following has occurred:

(A) The lead agency has been notified in writing by the director
that failure to take appropriate measures to seek forfeiture of the
financial assurances or to reclaim the mine site shall result in
actions being taken against the lead agency under Section 2774.4.

(B) The director determines that there is a violation that amounts
to an imminent and substantial endangerment to the public health,
safety, or to the environment.

(C) The lead agency notifies the director in writing that its good
faith attempts to seek forfeiture of the financial assurances have
not been successful.

The director shall comply with subdivision (b) in seeking
forfeiture of financial assurances and reclaiming mine sites.

(e) The board may adopt regulations specifying financial
assurance mechanisms other than surety bonds, irrevocable letters
of credit, and trust funds, which the board determines are
reasonably available and adequate to ensure reclamation pursuant
to this chapter, but these mechanisms shall not include financial
tests or surety bonds executed by one or more personal sureties.
These mechanisms may include reclamation bond pool programs.

(f) The board shall adopt or revise guidelines to implement this
section as necessary. The guidelines are exempt from the
requirements of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), and are not subject to review by the
Office of Administrative Law.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 2773.4 is added to the Public Resources Code,
to read:

2773.4.  

(a) (1) Prior to approving the financial assurances for
a new reclamation plan or adjustments to financial assurances
based on an amendment to a reclamation plan, the lead agency
shall submit the financial assurance cost estimate to the director
for review.

(2) The lead agency shall provide the director with a
determination that the financial assurance cost estimate submitted
pursuant to paragraph (1) is adequate, complete, and consistent
with Section 2773.1, Article 11 (commencing with Section 3800)
begin insert of Subchapter 1 end insert of Chapter 8 of Division 2 of Title 14 of the
California Code of Regulations, and the board’s financial assurance
guidelines adopted pursuant to subdivision (f) of Section 2773.1.

(3) All documentation submitted to the director pursuant to this
subdivision shall be submitted at one time.

(b) No later than 15 days after receiving a financial assurance
cost estimate, the director shall notify the lead agency and the
operator if the submission is incomplete. An incomplete submission
is one that does not meet the content requirements of Section
2773.1, Article 11 (commencing with Section 3800) begin insert of Subchapter
1 end insert of Chapter 8 of Division 2 of Title 14 of the California Code of
Regulations, and the board’s financial assurance guidelines adopted
pursuant to subdivision (f) of Section 2773.1. The director’s notice
shall specifically identify all aspects of the submission that are
incomplete. The director’s time to review the financial assurance
cost estimate shall commence upon the receipt of a submission
that contains the aspects identified in the director’s notice to the
lead agency.

(c) (1) The director shall have 45 days from the date of receipt
of a complete financial assurance cost estimate to prepare written
comments if the director chooses.

(2) The lead agency shall evaluate written comments received
from the director relating to the financial assurance cost estimate
within a reasonable amount of time. The lead agency shall prepare
a written response to the director’s comments describing the
disposition of the major issues raised by the director’s comments.

(3) The lead agency shall submit its proposed response to the
director at least 30 days prior to approval of the financial assurance
cost estimate. The lead agency’s response shall include either of
the following:

(A) A description of how the lead agency proposes to adopt the
director’s comments to the financial assurance cost estimate.

(B) A detailed description of the reasons why the lead agency
proposes to not adopt the director’s comments.

(4) Copies of any written comments received and responses
prepared by the lead agency shall be forwarded to the operator.

(5) (A) If the lead agency, in its written response to the
director’s comments, proposes to not adopt the director’s comments
relating to the financial assurance cost estimate, the director, within
15 days of receipt of the lead agency’s written response, may
request in writing a consultation with the lead agency to discuss
the director’s comments and the lead agency’s response. The
request shall include an invitation to the operator to participate in
the consultation. The consultation may be conducted in person,
electronically, telephonically, or by any means convenient to the
parties.

(B) If the director requests a consultation pursuant to this
subdivision, the lead agency shall not approve the financial
assurance cost estimate until after consulting with the director.
The consultation shall occur not later than 30 days after the
director’s request unless an alternate timeframe is mutually agreed
upon by the director, lead agency, and operator.

(6) (A) The lead agency shall give the director at least 30 days’
notice of the time, place, and date of the hearing at which the
financial assurance cost estimate is scheduled to be approved by
the lead agency. If no hearing is required by this chapter, local
ordinance, or other state law, then the lead agency shall provide
30 days’ notice to the director that it intends to approve the
financial assurance cost estimate.

(B) The lead agency shall send to the director its final response
to the director’s comments within 30 days following its approval
of the financial assurance cost estimate, during which time the
department retains all of its powers, duties, and authority pursuant
to this chapter.

(d) (1) (A) Within 30 days of an annual inspection being
conducted pursuant to Section 2774, an operator shall provide an
annual financial assurance cost estimate to the lead agency for
review.

(B) If the lead agency fails to cause the inspection of the surface
mining operation on the date requested by the operator pursuant
to Section 2207 or on begin delete an alternate end delete begin insert the end insert date set by the lead agency
pursuant to subdivision (c) of Section 2774, the operator shall
provide an annual financial assurance cost estimate to the lead
agency for review within 30 days of the begin delete missed end delete begin insert applicable end insert
inspection date, unless the lead agency causes the inspection to
occur within that time period, in which case the operator shall
provide an annual financial assurance cost estimate to the lead
agency within 30 days of the date of the inspection.

(2) (A) Within 60 days of receiving an operator’s annual
financial assurance cost estimate, the lead agency shall do one of
the following:

(i) Deny the financial assurance cost estimate pursuant to
paragraph (6).

(ii) Submit the financial assurance cost estimate to the director
for review.

(B) The lead agency shall provide the director with a
determination that the annual financial assurance cost estimate
submitted is adequate, complete, and consistent with Section
2773.1, Article 11 (commencing with Section 3800) begin insert of Subchapter
1 end insert of Chapter 8 of Division 2 of Title 14 of the California Code of
Regulations, and the board’s financial assurance guidelines adopted
pursuant to subdivision (f) of Section 2773.1.

(3) All documentation submitted to the director pursuant to this
subdivision shall be submitted at one time.

(4) Within 15 days of receiving an annual financial assurance
cost estimate, the director shall notify the lead agency and the
operator if the submission is incomplete. An incomplete submission
is one that does not meet the content requirements of Section
2773.1, Article 11 (commencing with Section 3800) begin insert of Subchapter
1 end insert of Chapter 8 of Division 2 of Title 14 of the California Code of
Regulations, and the board’s financial assurance guidelines adopted
pursuant to subdivision (f) of Section 2773.1. The director’s notice
shall specifically identify all aspects of the submission that are
incomplete. The director’s time to review the annual financial
assurance cost estimate shall commence upon the receipt of a
submission that contains the aspects identified in the director’s
notice to the lead agency.

(5) (A) Within 45 days of receiving an operator’s complete
annual financial assurance cost estimate from the lead agency, the
director shall prepare written comments on the operator’s annual
financial assurance cost estimate and provide the comments to the
lead agency and the operator if the director so chooses.

(B) (i) Within 30 days from receiving the director’s written
comments pursuant to this subdivision, the lead agency shall
evaluate the written comments and provide the director and
operator its proposed response to the director.

(ii) The lead agency shall submit its proposed response to the
director at least 30 days prior to approving the annual financial
assurance cost estimate. The lead agency’s response shall include
either of the following:

(I) A description of how the lead agency proposes to adopt the
director’s comments to the annual financial assurance cost estimate.

(II) A detailed description of the reasons why the lead agency
proposes not to adopt the director’s comments.

(iii) Copies of any written comments received and responses
prepared by the lead agency pursuant to this subparagraph shall
be provided to the operator.

(C) (i) If the lead agency, in its written response to the director’s
comments, proposes to not adopt the director’s comments
concerning the annual financial assurance cost estimate, the
director, within 15 days of receipt of the lead agency’s written
response, may request in writing a consultation with the lead
agency to discuss the director’s comments and the lead agency’s
response. The request shall include an invitation to the operator
to participate in the consultation. The consultation may be
conducted in person, electronically, telephonically, or by any means
convenient to the parties.

(ii) If the director requests a consultation pursuant to this
subparagraph, the lead agency shall not approve the annual
financial assurance cost estimate until after consulting with the
director. The consultation shall occur not later than 30 days after
the director’s request unless an alternate timeframe is mutually
agreed upon by the director, lead agency, and operator.

(D) (i) Within 60 days of receiving the director’s written
comments, or of a consultation pursuant to this subdivision,
whichever is later or the due date of the director’s written
comments if none are received, the lead agency shall approve or
deny an operator’s annual financial assurance cost estimate.

(ii) The lead agency shall give the director at least 30 days’
notice of the time, place, and date of the hearing at which the
annual financial assurance cost estimate is scheduled to be
approved by the lead agency.

(iii) If no hearing is required by this chapter, local ordinance,
or other state law, the lead agency shall provide 30 days’ notice
to the director that it intends to approve the annual financial
assurance cost estimate.

(E) Within 30 days of the lead agency’s approval of the annual
financial assurance cost estimate, the lead agency shall send the
director its final response to the director’s comments.

(6) If the lead agency determines an operator’s annual financial
assurance cost estimate is inadequate, the lead agency shall specify
the reasons for that determination. The operator shall have 30 days
to appeal that denial pursuant to subdivision (e) of Section 2770
or provide a revised financial assurance cost estimate incorporating
the suggested changes to the lead agency for approval by the lead
agency pursuant to this section.

(e) (1) Within 30 days of the lead agency’s approval of a
financial assurance cost estimate pursuant to this section, the
operator shall provide the lead agency and the director an
appropriate financial assurance mechanism.

(2) (A) Within 15 days of receiving a financial assurance
mechanism pursuant to this subdivision, or subdivision (c) of
Section 2773.1 the lead agency and the director shall review the
financial assurance mechanism to determine if the type of
mechanism, including the release instructions, meets the
requirements of this chapter.

(B) Financial assurance mechanisms determined to be
noncompliant with this chapter shall be returned to the operator
with instructions on how to correct the type or release instructions
of the financial assurance mechanism.

(3) By July 1, begin delete 2017, end delete begin insert 2018, end insert the board shall adopt forms to
implement this subdivision as necessary. The forms shall be subject
to the requirements of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code).

(f) The review and approval of financial assurances pursuant to
this chapter shall not be considered a project for the purposes of
the California Environmental Quality Act (Division 13
(commencing with Section 21000)).

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

Section 2774 of the Public Resources Code is
amended to read:

2774.  

(a) Every lead agency shall adopt ordinances in
accordance with state policy that establish procedures for the
review and approval of reclamation plans and financial assurances
and the issuance of a permit to conduct surface mining operations,
except that any lead agency without an active surface mining
operation in its jurisdiction may defer adopting an implementing
ordinance until the filing of a permit application. The ordinances
shall establish procedures requiring at least one public hearing and
shall be periodically reviewed by the lead agency and revised, as
necessary, to ensure that the ordinances continue to be in
accordance with state policy.

(b) (1) The lead agency shall cause surface mining operations
to be inspected in intervals of no more than 12 months, solely to
determine whether the surface mining operation is in compliance
with this chapter. The lead agency shall cause an inspection to be
conducted by a state-licensed geologist, state-licensed civil
engineer, state-licensed landscape architect, state-licensed forester,
or a begin insert qualified end insert lead agency employee who begin delete is qualified and
experienced in land reclamation and who end delete has not been employed
by the surface mining operation being inspected in any capacity
during the previous 12 months, except that a qualified lead agency
employee may inspect surface mining operations conducted by
begin delete another department within end delete the local agency. All inspections shall
be conducted using a form developed by the department and
approved by the board that includes the professional licensing and
disciplinary information of the person who conducted the
inspection. The operator shall be solely responsible for the
reasonable cost of the inspection. The lead agency shall provide
a notice of completion of inspection to the director within 90 days
of conducting the inspection. The notice shall contain a statement
regarding the surface mining operation’s compliance with this
chapter and a copy of the completed inspection form, and shall
specify, as applicable, all of the following:

(A) Aspects of the surface mining operation, if any, that were
found to be inconsistent with this chapter but were corrected before
the submission of the inspection form to the director.

(B) Aspects of the surface mining operation, if any, that were
found to be inconsistent with this chapter but were not corrected
before the submission of the inspection form to the director.

(C) A statement describing the lead agency’s intended response
to any aspects of the surface mining operation found to be
inconsistent with this chapter but were not corrected before the
submission of the inspection form to the director.

(2) If the surface mining operation has a review of its
reclamation plan, financial assurances, or an interim management
plan pending under subdivision (b) or (h) of Section 2770, or an
appeal pending before the board or lead agency governing body
under subdivision (e) or (h) of Section 2770, the notice shall so
indicate. The lead agency shall forward to the operator a copy of
the notice, a copy of the completed inspection form, and any
supporting documentation, including, but not limited to, any
inspection report prepared by the geologist, civil engineer,
landscape architect, forester, or qualified lead agency employee
who conducted the inspection.

(c) If an operator does not request an inspection date on the
annual report filed pursuant to Section 2207 or if the lead agency
is unable to cause the inspection of a given surface mining
operation on the date requested by the operator, the lead agency
shall provide the operator with a minimum of five days’ written
notice of a pending inspection or a lesser time period if agreed to
by the operator.

(d) No later than July 1 of each year, the lead agency shall
submit to the director for each active or idle surface mining
operation within the lead agency’s jurisdiction the following
information:

(1) A copy of any permit or reclamation plan amendments, as
applicable.

(2) A statement that there have been no changes during the
previous year, as applicable.

(3) The date of each surface mining operation’s last inspection.

(4) The date of each surface mining operation’s last financial
assurance review pursuant to Section 2773.1 for each operation
listed.

(e) (1) No later than December 31, begin delete 2016, end delete begin insert 2017, end insert the department
shall establish a training program for all surface mine inspectors.
The program shall be designed to include a guidance document,
developed by the department, in consultation with the board and
stakeholders, to provide instruction and recommendations to
surface mine inspectors performing inspections pursuant to
subdivision (b).

(2) The training program shall include begin delete inspections end delete begin insert inspection end insert
workshops offered by the department in different regions of the
state to provide practical application of the guidance document
material.

(3) On and after July 1, begin delete 2019, end delete begin insert 2020, end insert all inspectors shall have on
file with the lead agency and the department a certificate of
completion of an inspection workshop. An inspector shall attend
a workshop no later than five years after the date of his or her most
recent certificate.

(4) The adoption of the guidance document by the department
pursuant to this subdivision shall be subject to the requirements
of the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

Section 2774.1 of the Public Resources Code is
amended to read:

2774.1.  

(a) (1) Except as provided in subdivision (i) of Section
2770, if the lead agency or the director determines, based upon an
annual inspection pursuant to Section 2774, or otherwise confirmed
by an inspection of the surface mining operation, that a surface
mining operation is not in compliance with this chapter, the lead
agency or the director may issue a notice of that violation to the
operator by personal service or certified mail. If the lead agency
issues the notice, the lead agency shall send a copy of the notice
to the director. The notice shall include both of the following:

(A) A description of the violation.

(B) Actions the operator shall take to correct the violation.

(2) (A) If a lead agency or the director determines that the time
to correct the noticed violation will exceed 30 days, the lead agency
and the operator may enter into a stipulated order to comply, with
notice sent to the director. If the director initiated the enforcement
action, the director, after consulting with the lead agency, may
enter into a stipulated order to comply with the operator. The lead
agency may, but need not, join the stipulated order with the
director.

(B) A stipulated order to comply shall include a schedule and
time for compliance that the lead agency or the director, as
applicable, determines is reasonable after taking into account the
actions and legal processes required to correct the violation.

(3) (A) If the operator does not comply with a notice issued
pursuant to paragraph (1) within 30 days of being served the notice
or commit to enter into a stipulated order to comply pursuant to
paragraph (2) within 30 days of being served the notice, the lead
agency or the director may issue an order to comply by personal
service or certified mail requiring the operator to comply with this
chapter or, if the operator does not have an approved reclamation
plan or financial assurances, cease all further surface mining
activities.

(B) An order to comply issued pursuant to this paragraph shall
take effect 30 days following the service of the order to comply
unless within those 30 days the operator appeals the order to
comply and requests a hearing before the lead begin delete agency end delete begin insert agency, if
the lead agency issued the order, end insert or the board, begin delete depending on who
issued the order to comply concerning the alleged violation. end delete begin insert if the
director issued the order. end insert An order to comply issued pursuant to
this paragraph shall specify all of the following:

(i) Which aspects of the surface mining operation are
inconsistent with this chapter.

(ii) A time for compliance that the lead agency or director
determines is reasonable, taking into account the seriousness of
the alleged violation and any good faith efforts to comply with
applicable requirements.

(iii) The actions and legal processes required to correct the
alleged violation.

(C) An appeal filed pursuant to subparagraph (B) shall be
noticed and heard at a public hearing within 45 days of the filing
of the appeal or a longer period as may be mutually agreed upon
by the operator and the lead begin delete agency end delete begin insert agency, end insert begin insert if the lead agency
issued the order, end insert or the operator and the director, begin delete depending on
who issued the order to comply. end delete begin insert if the director issued the order. end insert

(b) [Reserved]

(c) An operator who violates or fails to comply with an order
to comply issued under subdivision (a) after the order’s effective
date or who fails to submit a report or pay annual fees to the
director or lead agency as required by Section 2207, shall be subject
to an order by the lead agency or the director imposing an
administrative penalty of not more than five thousand dollars
($5,000) per day, assessed from the original date of noncompliance
with this chapter, including Section 2207, or from the date of the
inspection when the violation was identified, at the discretion of
the issuer of the notice of that violation. The penalty may be
imposed administratively by the lead agency or the director. In
determining the amount of the administrative penalty, the lead
agency or the director shall take into consideration the nature,
circumstances, extent, and gravity of the violation or violations,
any prior history of violations, the degree of culpability, economic
savings, if any, resulting from the violation, and any other matters
justice may require. Orders setting administrative penalties shall
become effective upon issuance of the assessment and payment
shall be made to the lead agency or the director within 30 days,
unless the operator petitions the legislative body of the lead agency,
the board, or the superior court for review as provided in Section
2774.2. An order shall be served by personal service or by certified
mail upon the operator. Penalties collected by the director shall
not be used for purposes other than to cover the reasonable costs
incurred by the director in implementing this chapter or Section
2207.

(d) (1) An operator who violates or fails to comply with an
order to comply issued pursuant to paragraph (3) of subdivision
(a) or a stipulated order to comply entered into pursuant to
paragraph (2) of subdivision (a) after the order’s effective date
shall be removed from the list published by the department pursuant
to subdivision (b) of Section 2717.

(2) If after a public hearing the board or lead agency denies an
appeal by the operator pursuant to begin delete subdivision (b), end delete begin insert subparagraph
(C) of paragraph (3) of subdivision (a), end insert the operator shall be
removed 10 working days following the denial of the appeal from
the list published by the department pursuant to subdivision (b) of
Section 2717.

(3) If the operator enters into a stipulated order to comply
between the operator and the lead begin delete agency end delete begin insert agency, if the lead agency
issued the order, end insert or the operator and the begin delete director end delete begin insert director, if the
director issued the order, end insert within 10 working days of the denial of
the appeal and the stipulated order to comply is consistent with
the order to comply upheld by the board or lead agency and
includes a stipulated schedule for compliance, the operator shall
remain on the list published by the department pursuant to
subdivision (b) of Section 2717.

(4) Issuance of a notice pursuant to paragraph (1) of subdivision
(a) or an order to comply or stipulated order to comply pursuant
to paragraph (2) or (3) of subdivision (a) shall not disqualify an
operator from eligibility for placement on the list published by the
department pursuant to subdivision (b) of Section 2717.

(e) If the lead agency or the director determines that the surface
mine is not in compliance with this chapter, so that the surface
mine presents an imminent and substantial endangerment to the
public health or the environment, the lead agency or the Attorney
General, on behalf of the director, may seek an order from a court
of competent jurisdiction enjoining that operation.

(f) Upon a complaint by the director, the department, or the
board, the Attorney General may bring an action to recover
administrative penalties under this section, and penalties under
Section 2207, in any court of competent jurisdiction in this state
against any person violating any provision of this chapter or Section
2207, or any regulation adopted pursuant to this chapter or Section
2207. The Attorney General may bring this action on his or her
own initiative if, after examining the complaint and the evidence,
he or she believes a violation has occurred. The Attorney General
may also seek an order from a court of competent jurisdiction
compelling the operator to comply with this chapter and Section
2207.

(g) (1) The lead agency has primary responsibility for enforcing
this chapter and Section 2207. In cases where the board is not the
lead agency pursuant to Section 2774.4, enforcement actions may
be initiated by the director pursuant to this section only after the
violation has come to the attention of the director and either of the
following occurs:

(A) The lead agency has been notified by the director in writing
of the violation for at least 30 days, and has not taken appropriate
enforcement action, which may include failing to issue an order
to comply within a reasonable time after issuing a notice of
violation.

(B) The director determines that there is a violation that amounts
to an imminent and substantial endangerment to the public health
or safety, or to the environment.

(2) The director shall comply with this section in initiating
enforcement actions.

(h) Remedies under this section are in addition to, and do not
supersede or limit, any and all other remedies, civil or criminal.

begin delete SEC. 13. end delete
begin insert SEC. 12. end insert   

Section 2774.2 of the Public Resources Code is
amended to read:

2774.2.  

(a) Within 30 days of the issuance of an order setting
administrative penalties under subdivision (c) of Section 2774.1,
the operator may petition the legislative body of the lead agency,
if the lead agency has issued the order, or the board for orders
issued by the director, for review of the order. If the operator does
not petition for review within the time limits set by this subdivision,
the order setting administrative penalties shall not be subject to
review by any court or agency.

(b) The legislative body of the lead agency or the board shall
notify the operator by personal service or certified mail whether
it will review the order setting administrative penalties. In
reviewing an order pursuant to this section, the record shall consist
of the record before the lead agency or the director and any other
relevant evidence which, in the judgment of the legislative body
or the board, should be considered to effectuate and implement
the policies of this chapter.

(c) The legislative body or the board may affirm, modify, or set
aside, in whole or in part, by its own order an order of the lead
agency or the director setting administrative penalties reviewed
by the legislative body or the board pursuant to this section.

(d) An order of the legislative body or the board issued under
subdivision (c) shall become effective upon its issuance unless the
operator petitions the superior court for review as provided in
subdivision (e). An order shall be served by personal service or
by certified mail upon the operator. Payment of an administrative
penalty that is specified in an order issued pursuant to subdivision
(c) shall be made to the lead agency or the director within 30 days
of service of the order. However, the payment shall be held in an
interest bearing impound account pending the resolution of a
petition for review filed pursuant to subdivision (e).

(e) An operator aggrieved by an order of the legislative body
or the board issued pursuant to subdivision (c) may obtain review
of the order by filing in the superior court a petition for writ of
mandate within 30 days following the issuance of the order. An
operator aggrieved by an order of a lead agency or the director
setting administrative penalties pursuant to subdivision (c) of
Section 2774.1, for which the legislative body or board denies
review, may obtain review of the order in the superior court by
filing in the court a petition for writ of mandate within 30 days
following the denial of review. The provisions of Section 1094.5
of the Code of Civil Procedure shall govern judicial proceedings
pursuant to this subdivision, except that in every case the court
shall exercise its independent judgment. If the operator does not
petition for a writ of mandate within the time limits set by this
subdivision, an order of the board or the legislative body shall not
be subject to review by any court or agency.

(f) (1) After the expiration of the time to petition for review
pursuant to subdivision (a) or (e), the director or the board acting
as the lead agency may apply to the small claims court or the
superior court, depending on the jurisdictional amount, in the
county where the administrative penalty was imposed for a
judgment to collect the unpaid administrative penalty imposed
pursuant to subdivision (c) of Section 2774.1. The application shall
include all of the following:

(A) The order setting the administrative penalty pursuant to
subdivision (c) of Section 2774.1.

(B) A notice to the operator of the right to petition for review
of the order.

(C) Either of the following:

(i) A declaration from the board that no petition was made or
that the board declined to review the petition.

(ii) A copy of the final order of the board.

(2) An application submitted pursuant to this subdivision shall
constitute a sufficient showing to warrant the issuance of the
judgment. The court clerk shall enter the judgment immediately
in conformity with the application.

(3) The judgment entered pursuant to this subdivision shall have
the same force and effect as, and shall be subject to all the
provisions of law relating to, a judgment in a civil action and may
be enforced in the same manner as any other judgment of the court.
The court shall make enforcement of the judgment a priority.

begin delete SEC. 14. end delete
begin insert SEC. 13. end insert   

Section 2774.4 of the Public Resources Code is
amended to read:

2774.4.  

(a) The board shall exercise some or all of a lead
agency’s powers under this chapter pursuant to subdivision (c),
except for permitting authority and vested rights determinations,
if the board finds that a lead agency has done any of the following:

(1) Approved reclamation plans or financial assurances that are
not consistent with this chapter.

(2) Failed to inspect or cause the inspection of surface mining
operations as required by this chapter.

(3) Failed to seek forfeiture of financial assurances and to carry
out reclamation of surface mining operations as required by this
chapter.

(4) Failed to take appropriate enforcement actions as required
by this chapter.

(5) Intentionally misrepresented the results of inspections
required under this chapter.

(6) Failed to submit information to the department as required
by this chapter.

(b) The board shall conduct a public hearing no sooner than
three years after the board has taken action pursuant to subdivision
(a) to determine if a lead agency has corrected its deficiencies in
implementing and enforcing this chapter and the rules and
regulations adopted pursuant to this chapter. If the board finds the
lead agency has corrected some or all of its deficiencies in
implementing and enforcing this chapter, the board shall restore
to the lead agency some or all of the powers assumed by the board
pursuant to subdivision (a).

(c) (1) Before taking any action pursuant to subdivision (a),
the board shall first notify the lead agency of the identified
deficiencies and allow the lead agency 45 days to provide a
response to the board on the identified deficiencies. The board
may review the lead agency’s response at a regularly scheduled
meeting.

(2) (A) If the board is not satisfied with the lead agency’s
response, the board shall hold a public hearing within the lead
agency’s area of jurisdiction, upon a 45-day written notice given
to the public in at least one newspaper of general circulation within
the city or county and directly mailed to the lead agency and to all
operators within the lead agency’s jurisdiction who have submitted
reports as required by Section 2207.

(B) At the hearing, the board shall determine if the lead agency
has engaged in the conduct described in subdivision (a). If the
board finds that the lead agency has engaged in conduct described
in subdivision (a), the board shall do either of the following:

(i) Require the lead agency to develop a remedial plan to correct
the noted deficiencies. The remedial plan shall describe specific
objectives and corresponding processes designed to address, at a
minimum, the noted deficiencies and a time that the remedial plan
will be fully implemented. The board shall set a hearing to review
the completion of the remedial plan consistent with paragraph (2)
and subdivisions (d) and (e).

(ii) Take immediate action pursuant to subdivision (a).

(d) Affected operators and interested persons have the right at
the public hearing to present oral and written evidence on the
matter being considered. At the public hearing, the board may
place reasonable limits on the right of affected operators and
interested persons to question and solicit testimony.

(e) (1) If the board decides to take action pursuant to subdivision
(a) and exercise some or all of a lead agency’s powers under this
chapter, except for permitting authority and vested rights
determinations, the board, based on the record of the public
hearing, shall adopt written findings that explain all of the
following:

(A) The action to be taken by the board.

(B) Why the board decided to take the action.

(C) Why the action is authorized by and meets the requirements
of subdivision (a).

(2) In addition, the board’s findings shall address the significant
issues raised, or written evidence presented, by affected operators,
interested persons, the lead agency, or the department. The
transcript of testimony and exhibits, together with all papers and
requests filed in the proceedings, shall constitute the exclusive
record for decision by the board.

(f) If the board finds at the hearing held pursuant to paragraph
(2) of subdivision (c) that the lead agency has not completed the
remedial plan prepared pursuant to clause (i) of subparagraph (B)
of paragraph (2) of subdivision (c) to the board’s satisfaction, the
board shall follow the procedures set forth in paragraph (2) of
subdivision (c) and subdivisions (d) and (e). If the board finds at
the hearing held pursuant to paragraph (2) of subdivision (c) that
the lead agency has completed the remedial plan prepared pursuant
to clause (i) of subparagraph (B) of paragraph (2) of subdivision
(c) to the board’s satisfaction, the board shall conclude the action
it has taken pursuant to this section.

(g) The lead agency, any affected operator, or any interested
person who has presented oral or written evidence at the public
hearing before the board pursuant to subdivision (d) may obtain
review of the board’s action taken pursuant to subdivision (a) by
filing in the superior court a petition for writ of mandate within
30 days following the issuance of the board’s decision. Section
1094.5 of the Code of Civil Procedure governs judicial proceedings
pursuant to this subdivision, except that in every case the court
shall exercise its independent judgment. If a petition for a writ of
mandate is not filed within the time limits set by this subdivision,
the board’s action under subdivision (a) shall not be subject to
review by any court or agency.

begin delete SEC. 15. end delete
begin insert SEC. 14. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

begin delete SEC. 16. end delete
begin insert SEC. 15. end insert   

This act shall become operative only if both this bill
and Senate Bill 209 of the 2015-16 Regular Session are enacted
and become begin delete operative. end delete begin insert operative on or before January 1, 2017. end insert