Surface mining: Indian reservations and Native American sacred sites.
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AB 742 — Surface mining: Indian reservations and Native American sacred sites.
Last action — From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 0.) (August 23). Re-referred to Com. on RLS.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless a permit is obtained from, a reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation. Existing law prohibits a lead agency from approving a reclamation plan for a surface mining operation for gold, silver, copper, or other metallic minerals or financial assurances for the operation if the operation is located on, or within one mile of, a Native American sacred site and is located in an area of special concern, unless certain criteria are met. This bill would also prohibit a lead agency from approving a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a Native American sacred site, and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to the river, unless the tribe whose reservation is nearest the operation consents to the operation. This bill would declare that it is to take effect immediately as an urgency statute.
Bill Text
- Amended 08/16/11 - Amended Senate Current pdf August 16, 2011
- Amended 03/31/11 - Amended Assembly pdf March 31, 2011
- Introduced 02/17/11 - Introduced pdf February 17, 2011
- AB742 View text html
Action History
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From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 0.) (August 23). Re-referred to Com. on RLS.
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Re-referred to Com. on N.R. & W.
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Re-referred to Com. on RLS.
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Withdrawn from committee.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on G.O.
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Referred to Com. on G.O.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 1355.)
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Read second time. Ordered to consent calendar.
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From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 4).
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 13). Re-referred to Com. on APPR.
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Re-referred to Com. on G.O.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on G.O. Read second time and amended.
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Referred to Coms. on G.O. and L. GOV.
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From printer. May be heard in committee March 20.
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Read first time. To print.
Sponsors
- Josh Lowenthal · Primary
- Beall · Cosponsor
- Block · Cosponsor
- Bradford · Cosponsor
- Brownley · Cosponsor
- Butler · Cosponsor
- Carter · Cosponsor
- Strickland · Cosponsor
- Atkins · Cosponsor
- Bonilla · Cosponsor
- Mitchell · Cosponsor
- Runner · Cosponsor
- Davis · Cosponsor
- Eng · Cosponsor
- Gatto · Cosponsor
- Hagman · Cosponsor
- Harman · Cosponsor
- Hill · Cosponsor
- Hueso · Cosponsor
- Lara · Cosponsor
- Lieu · Cosponsor
- Ma · Cosponsor
- Padilla · Cosponsor
- Price · Cosponsor
- Silva · Cosponsor
- Skinner · Cosponsor
- Solorio · Cosponsor
- Smyth · Cosponsor
- Torres · Cosponsor
- Vargas · Cosponsor
- Wieckowski · Cosponsor
- Williams · Cosponsor
- Wolk · Cosponsor
- Yamada · Cosponsor
- Wyland · Cosponsor
- V. Manuel Pérez · Cosponsor
- Beth Gaines · Cosponsor
- Travis Allen · Cosponsor
- Roger Hernández · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 38 co-sponsors · 83 not signed on
Sponsors (1)
- Lowenthal, Josh Democratic
Co-sponsors (38)
- Beall
- Block
- Bradford
- Brownley
- Butler
- Carter
- Strickland
- Atkins
- Bonilla
- Mitchell
- Runner
- Davis
- Eng
- Gatto
- Hagman
- Harman
- Hill
- Hueso
- Lara
- Lieu
- Ma
- Padilla
- Price
- Silva
- Skinner
- Solorio
- Smyth
- Torres
- Vargas
- Wieckowski
- Williams
- Wolk
- Yamada
- Wyland
- V. Manuel Pérez
- Beth Gaines
- Travis Allen
- Roger Hernández
Not signed on (83)
83 members have not signed on to this bill.
Show all 83 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Cannella | — | Not Voting |
| Fuller | — | Yea |
| Kehoe | — | Not Voting |
| Pavley | — | Yea |
| Simitian | — | Yea |
| Wolk | — | Yea |
| Evans | — | Yea |
| La Malfa | — | Yea |
| Padilla, Stephen C. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 65 | 0 | 0 | 10 |
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 70 | 0 | 0 | 10 |
| % of votes cast | 88% | 0% | 0% | 13% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Gordon | — | Yea |
| Halderman | — | Yea |
| Carter | — | Yea |
| Feuer | — | Yea |
| Furutani | — | Yea |
| Butler | — | Yea |
| Galgiani | — | Yea |
| Gatto | — | Yea |
| Hagman | — | Yea |
| Hall | — | Yea |
| Harkey | — | Yea |
| Cook | — | Yea |
| John A. Pérez | — | Yea |
| Fletcher | — | Yea |
| Davis | — | Yea |
| Hill | — | Yea |
| Hueso | — | Yea |
| Huffman | — | Yea |
| Jeffries | — | Yea |
| Knight | — | Yea |
| Logue | — | Yea |
| Nestande | — | Yea |
| Nielsen | — | Yea |
| Olsen | — | Yea |
| Perea | — | Yea |
| Silva | — | Yea |
| Skinner | — | Yea |
| Smyth | — | Yea |
| Swanson | — | Yea |
| Valadao | — | Yea |
| Williams | — | Yea |
| Campos | — | Yea |
| Bonilla | — | Yea |
| Atkins | — | Yea |
| Gorell | — | Not Voting |
| Portantino | — | Not Voting |
| Mitchell | — | Not Voting |
| Cedillo | — | Not Voting |
| Conway | — | Not Voting |
| Mendoza | — | Yea |
| Donnelly | — | Yea |
| Alejo | — | Not Voting |
| Beall | — | Yea |
| Monning | — | Yea |
| Morrell | — | Yea |
| Solorio | — | Yea |
| Torres | — | Not Voting |
| Wieckowski | — | Yea |
| Achadjian | — | Yea |
| Ammiano | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hayashi | — | Yea |
| Huber | — | Yea |
| Lara | — | Yea |
| Ma | — | Yea |
| Mansoor | — | Yea |
| Miller | — | Yea |
| Norby | — | Yea |
| Pan | — | Yea |
| Wagner | — | Yea |
| Chesbro | — | Yea |
| Eng | — | Yea |
| Dickinson | — | Yea |
| Fuentes | — | Yea |
| Garrick | — | Not Voting |
| Yamada | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bonnie Lowenthal | — | Not Voting |
| Roger Hernández | — | Not Voting |
| V. Manuel Pérez | — | Yea |
| Allen, Benjamin | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Grove, Shannon | Republican | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Hall | — | Yea |
| Fuentes | — | Yea |
| Mitchell | — | Yea |
| Harkey | — | Yea |
| Campos | — | Yea |
| Hill | — | Yea |
| Donnelly | — | Yea |
| Lara | — | Yea |
| Nielsen | — | Yea |
| Solorio | — | Yea |
| Wagner | — | Yea |
| Blumenfield | — | Yea |
| Bradford | — | Yea |
| Norby | — | Yea |
| Davis | — | Yea |
| Gatto | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 16 | 0 | 0 | 1 |
| Total | 16 | 0 | 0 | 1 |
| % of votes cast | 94% | 0% | 0% | 6% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Chesbro | — | Yea |
| Cook | — | Yea |
| Silva | — | Yea |
| Atkins | — | Yea |
| Galgiani | — | Not Voting |
| Gatto | — | Yea |
| Hall | — | Yea |
| Hill | — | Yea |
| Perea | — | Yea |
| Torres | — | Yea |
| Valadao | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Ma | — | Yea |
| Nestande | — | Yea |
| Bill Berryhill | — | Yea |
| V. Manuel Pérez | — | Yea |
Subjects
Frequently asked questions
- What does AB 742 do?
- (1) The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless a permit is obtained from, a reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by, the lead agency for the operation. Existing law prohibits a lead agency from approving a reclamation plan for a surface mining operation for gold, silver, copper, or other metallic minerals or financial assurances for the operation if the operation is located on, or within one mile of, a Native American sacred site and is located in an area of special concern, unless certain criteria are met. This bill would also prohibit a lead agency from approving a reclamation plan for an aggregate products operation if the operation is located on or within 2,000 yards of the external boundaries of an Indian reservation and is on or within 5,000 yards of a Native American sacred site, and is on or within 4,000 yards of the Santa Margarita River or an aquifer that is hydrologically connected to the river, unless the tribe whose reservation is nearest the operation consents to the operation. This bill would declare that it is to take effect immediately as an urgency statute.
- Who sponsors AB 742?
- AB 742 is sponsored by Lowenthal, Josh (Democratic), Beall, Block, Bradford, Brownley, Butler, Carter, Strickland, Atkins, Bonilla, Mitchell, Runner, Davis, Eng, Gatto, Hagman, Harman, Hill, Hueso, Lara, Lieu, Ma, Padilla, Price, Silva, Skinner, Solorio, Smyth, Torres, Vargas, Wieckowski, Williams, Wolk, Yamada, Wyland, V. Manuel Pérez, Beth Gaines, Travis Allen, and Roger Hernández.
- What is the current status of AB 742?
- This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 742?
- Track AB 742 free on One Click Politics — get push/email alerts when it moves.
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