California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

SB 108 — Surface mining: idle mines.

Last action — Chaptered by Secretary of State. Chapter 491, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 13, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Surface Mining and Reclamation Act of 1975, with exceptions, prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency for the operation. The act requires an operator, within 90 days of a surface mining operation becoming idle, to submit to the lead agency for review and approval, an interim management plan. The act defines idle to mean a curtailment for a period of one year or more of surface mining operations by more than 90% of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. This bill would instead define idle to mean that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90% of its maximum annual mineral production within any of the last 5 years during which an interim management plan has not been approved. The act authorizes an interim management plan to remain in effect for a period not to exceed 5 years, after which, the lead agency is authorized to take certain actions, including renewing the interim management plan for another period not to exceed 5 years, if the lead agency finds that the surface mining operator has complied fully with the interim management plan. This bill would authorize the lead agency to renew the interim management plan for additional 5-year periods, if the lead agency finds that the surface mining operator has complied fully with the interim management plan. Existing law requires the owner or operator of a mining operation to forward to the Director of Conservation an annual report that identifies certain things about the mining operation including the mining operation's status and the type and total amount of commodities produced. This bill would authorize a mine operator who has failed to properly report mineral production or status in any year prior to January 1, 2012, to attach corrected annual reports to the 2012 annual report so long as the corrected report is submitted on or before July 1, 2013, among other things. The bill would authorize a mine to return to idle status after being considered abandoned prior to January 1, 2013, if an interim management plan is approved by July 1, 2013, and upon lead agency verification of compliance with the above provisions. The bill would authorize the Office of Mine Reclamation to enter any mine site for which a mine operator has requested a correction of mine status in order to conduct an inspection, as provided, and the bill would require the mine operator to be responsible for the reasonable cost of this inspection.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 491, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2406.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 3007.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 74. Noes 0. Page 2812.)

  9. Read second time. Ordered to third reading.

  10. (Corrected August 30.)

  11. Read second time and amended. Ordered to second reading.

  12. From committee: Do pass as amended. (Ayes 17. Noes 0.) (August 25).

  13. Set, first hearing. Referred to APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 27). Re-referred to Com. on APPR.

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.

  16. Referred to Com. on NAT. RES.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 39. Noes 0. Page 1066.) Ordered to the Assembly.

  19. Ordered to special consent calendar.

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 8. Noes 0. Page 1013.) (May 16).

  22. Set for hearing May 16.

  23. Read second time and amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 740.) (April 26).

  25. Set for hearing April 26.

  26. Set, first hearing. Hearing canceled at the request of author.

  27. Set for hearing April 12.

  28. Referred to Com. on N.R. & W.

  29. From printer. May be acted upon on or after February 13.

  30. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB108 Rubio Concurrence

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Wyland — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Cannella — Yea
Hancock — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Alquist — Yea
Corbett — Yea
Dutton — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Anderson — Yea
Blakeslee — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 108 Rubio Senate Third Reading By DICKINSON

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 74003
Democratic 1000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Hagman — Yea
Hall — Yea
Butler — Yea
Hill — Yea
John A. Pérez — Yea
Mitchell — Yea
Knight — Yea
Atkins — Yea
Carter — Yea
Chesbro — Yea
Fuentes — Yea
Campos — Yea
Portantino — Yea
Furutani — Not Voting
Yamada — Yea
Galgiani — Yea
Allen — Yea
Gatto — Yea
Gordon — Yea
Bonilla — Yea
Gorell — Not Voting
Fong — Yea
Fletcher — Yea
Cedillo — Yea
Halderman — Yea
Harkey — Yea
Hayashi — Yea
Huffman — Yea
Conway — Yea
Ammiano — Yea
Beall — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Hueso — Not Voting
Jeffries — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Torres — Yea
Wagner — Yea
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

SB 108 Rubio Senate Third Reading By DICKINSON Amend By DICKINSON Set #1

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 71006
Democratic 1000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Butler — Yea
Feuer — Yea
Garrick — Yea
Hagman — Yea
Carter — Yea
Fong — Yea
Cedillo — Yea
Huber — Yea
Allen — Yea
Logue — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Portantino — Yea
Fuentes — Yea
Galgiani — Yea
Gordon — Yea
Hall — Yea
Harkey — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hayashi — Yea
Hueso — Yea
Chesbro — Yea
Jeffries — Yea
Atkins — Yea
Ammiano — Yea
Dickinson — Yea
Knight — Yea
Lara — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Valadao — Yea
Wieckowski — Yea
Bonilla — Not Voting
Furutani — Not Voting
Gorell — Not Voting
Halderman — Not Voting
Campos — Yea
Donnelly — Not Voting
Solorio — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Torres — Yea
Eng — Yea
Davis — Not Voting
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Mitchell — Yea
Hall — Yea
Harkey — Yea
Blumenfield — Yea
Lara — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Bradford — Yea
Hill — Yea
Wagner — Yea
Davis — Yea
Donnelly — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #3

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Fuller — Yea
Rubio — Yea
Kehoe — Yea
Anderson — Yea
Blakeslee — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Harman — Not Voting
Hernandez — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Alquist — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Not Voting
Lieu — Yea
Emmerson — Yea

Official roll call →

Subjects

environment agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 108 do?
The Surface Mining and Reclamation Act of 1975, with exceptions, prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency for the operation. The act requires an operator, within 90 days of a surface mining operation becoming idle, to submit to the lead agency for review and approval, an interim management plan. The act defines idle to mean a curtailment for a period of one year or more of surface mining operations by more than 90% of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. This bill would instead define idle to mean that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90% of its maximum annual mineral production within any of the last 5 years during which an interim management plan has not been approved. The act authorizes an interim management plan to remain in effect for a period not to exceed 5 years, after which, the lead agency is authorized to take certain actions, including renewing the interim management plan for another period not to exceed 5 years, if the lead agency finds that the surface mining operator has complied fully with the interim management plan. This bill would authorize the lead agency to renew the interim management plan for additional 5-year periods, if the lead agency finds that the surface mining operator has complied fully with the interim management plan. Existing law requires the owner or operator of a mining operation to forward to the Director of Conservation an annual report that identifies certain things about the mining operation including the mining operation's status and the type and total amount of commodities produced. This bill would authorize a mine operator who has failed to properly report mineral production or status in any year prior to January 1, 2012, to attach corrected annual reports to the 2012 annual report so long as the corrected report is submitted on or before July 1, 2013, among other things. The bill would authorize a mine to return to idle status after being considered abandoned prior to January 1, 2013, if an interim management plan is approved by July 1, 2013, and upon lead agency verification of compliance with the above provisions. The bill would authorize the Office of Mine Reclamation to enter any mine site for which a mine operator has requested a correction of mine status in order to conduct an inspection, as provided, and the bill would require the mine operator to be responsible for the reasonable cost of this inspection.
Who sponsors SB 108?
SB 108 is sponsored by Rubio, Susan (Democratic).
What is the current status of SB 108?
This bill has been enacted into law. Introduced January 13, 2011. Enacted.
Where can I track SB 108?
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