California 2011-2012 Regular Session Status: Passed Assembly

AB 1609 — Surface mining: determinations: appeals.

Last action — In committee: Set, second hearing. Hearing canceled at the request of author.

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

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Existing law, the Surface Mining and Reclamation Act of 1975, prohibits, with certain exceptions, 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, as defined, for the operation. The act requires the owner or operator of a mining operation to submit an annual report containing information regarding the operation. For purposes of compliance with specified provisions of the Public Contract Code, the act requires the Department of Conservation to, at a minimum, quarterly publish in the California Regulatory Notice Register, or otherwise make available, upon request, to the Department of General Services or any other state or local agency, a list identifying surface mining operations that have submitted the annual report and it indicates compliance with specified standards, guidelines, and requirements or that there is a pending appeal. This bill would require the department to give notice by personal service or certified mail to a surface mining operation that it determines shall not be included in the above-described list or shall be removed from the above-described list. The bill would specify that the surface mining operation shall have 30 days from the date of receipt of service within which to file an appeal of the department's determination with the State Board of Mining and Geology. The bill would require that an appeal be scheduled and heard at a public hearing within 60 days from the date the appeal is filed, or a longer time if mutually agreed upon by the board and the appellant. The bill would require that when a timely appeal is filed on behalf of a surface mining operation pursuant to the provisions of the bill, the operation shall remain on the list pending the final outcome of the appeal, if the appeal has not been pending for more than 180 days. The bill would require the board to deny a request for an appeal of a notice issued pursuant to those provisions if either (1) the notice alleges one or more violations of the act that the board determines to be ministerial in nature and not constituting a substantial violation, in which case the appellant would have 30 days to correct the violation and achieve compliance, or (2) the specific claims asserted in the notice have been adjudicated, or are pending adjudication before the board or a lead agency in a separate action authorized by the act. The bill would prescribe requirements for the review of information and evidence pertaining to the appeal, as specified. The bill would authorize the board, by regulation, to establish procedures for declining to hear appeals that it determines raise only ministerial issues.

Bill Text

Action History

  1. In committee: Set, second hearing. Hearing canceled at the request of author.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

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

  4. In Senate. Read first time. To Com. on RLS. for assignment.

  5. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5109.)

  6. Read second time. Ordered to third reading.

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

  8. From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 25).

  9. In committee: Set, first hearing. Referred to APPR. suspense file.

  10. Re-referred to Com. on APPR.

  11. Read second time and amended.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 16).

  13. Referred to Com. on NAT. RES.

  14. From printer. May be heard in committee March 9.

  15. Read first time. To print.

Sponsors

  • Lara · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Lara

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

AB 1609 LARA Assembly Third Reading

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 75002
Democratic 1000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Hagman — Yea
Carter — Yea
Butler — Yea
Hill — Yea
Huber — Yea
Garrick — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Campos — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Gordon — Yea
Gorell — Yea
Halderman — Yea
Hall — Yea
Hayashi — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Yamada — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Allen — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Not Voting
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Perea — Yea
Silva — Yea
Solorio — Yea
Valadao — Not Voting
Wagner — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — 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
Fuentes — Yea
Mitchell — Yea
Campos — Yea
Hill — Yea
Lara — Yea
Donnelly — Yea
Norby — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Davis — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment labor
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Frequently asked questions

What does AB 1609 do?
Existing law, the Surface Mining and Reclamation Act of 1975, prohibits, with certain exceptions, 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, as defined, for the operation. The act requires the owner or operator of a mining operation to submit an annual report containing information regarding the operation. For purposes of compliance with specified provisions of the Public Contract Code, the act requires the Department of Conservation to, at a minimum, quarterly publish in the California Regulatory Notice Register, or otherwise make available, upon request, to the Department of General Services or any other state or local agency, a list identifying surface mining operations that have submitted the annual report and it indicates compliance with specified standards, guidelines, and requirements or that there is a pending appeal. This bill would require the department to give notice by personal service or certified mail to a surface mining operation that it determines shall not be included in the above-described list or shall be removed from the above-described list. The bill would specify that the surface mining operation shall have 30 days from the date of receipt of service within which to file an appeal of the department's determination with the State Board of Mining and Geology. The bill would require that an appeal be scheduled and heard at a public hearing within 60 days from the date the appeal is filed, or a longer time if mutually agreed upon by the board and the appellant. The bill would require that when a timely appeal is filed on behalf of a surface mining operation pursuant to the provisions of the bill, the operation shall remain on the list pending the final outcome of the appeal, if the appeal has not been pending for more than 180 days. The bill would require the board to deny a request for an appeal of a notice issued pursuant to those provisions if either (1) the notice alleges one or more violations of the act that the board determines to be ministerial in nature and not constituting a substantial violation, in which case the appellant would have 30 days to correct the violation and achieve compliance, or (2) the specific claims asserted in the notice have been adjudicated, or are pending adjudication before the board or a lead agency in a separate action authorized by the act. The bill would prescribe requirements for the review of information and evidence pertaining to the appeal, as specified. The bill would authorize the board, by regulation, to establish procedures for declining to hear appeals that it determines raise only ministerial issues.
Who sponsors AB 1609?
AB 1609 is sponsored by Lara.
What is the current status of AB 1609?
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 1609?
Track AB 1609 free on One Click Politics — get push/email alerts when it moves.

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