California 2013-2014 Regular Session Status: Enacted

SB 447 — Surface mining operations.

Last action — Chaptered by Secretary of State. Chapter 417, Statutes of 2013.

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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 February 21, 2013. Enacted.

Prognosis

Likely to advance 70% · 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.

  • Cleared a recorded vote

    Passed 6 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

(1) 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. 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 certain surface mining operations. Existing law also prohibits a state agency from acquiring or utilizing mined material, or from contracting with a person utilizing these materials, as specified, unless the material is produced from a mining operation on that list that meets certain requirements. This bill, in regard to mined materials a state agency may acquire or utilize, would remove the condition that the surface mining operation meet certain requirements, and instead require that the mined material be produced from a surface mining operation on the above-described list. The bill, until January 1, 2019, as specified, would also require this list to identify surface mining operations whose reclamation plan has been approved and is in compliance with the act, whose mining operation is in compliance with the approved reclamation plan or an order to comply, as specified, and whose mining operation has an approved financial assurance, as specified. The bill would require the Department of Conservation to submit a specified report to the Legislature between July 1, 2017, and January 1, 2018. (2) Existing law requires that the lead agency have primary responsibility in enforcing the act. The act permits, in cases where the State Mining and Geology Board is not the lead agency, the Director of Conservation to initiate enforcement actions if the lead agency has been notified by the director, for at least 15 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. This bill would require that the lead agency be notified of a violation for at least 30 days before the director could initiate enforcement actions, and would provide that a lead agency's failure to issue an order to comply within a reasonable time after issuing a notice of violation may be a failure to take appropriate enforcement action that permits the initiation of an enforcement action by the director.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 417, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2402.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 77. Noes 0. Page 2976.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

  9. From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 30).

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

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

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

  13. Referred to Com. on NAT. RES.

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

  15. Read third time. Passed. (Ayes 34. Noes 0. Page 867.) Ordered to the Assembly.

  16. Read second time. Ordered to consent calendar.

  17. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  18. Set for hearing May 6.

  19. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 641.) (April 23). Re-referred to Com. on APPR.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  21. Set for hearing April 23.

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

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  24. Set for hearing April 9.

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

  26. From printer. May be acted upon on or after March 24.

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

Sponsors

  • Lara · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Special Consent #10

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hueso — Yea
Knight — Yea
Liu — Yea
Roth — Yea
Steinberg — Yea
Wyland — Yea
Emmerson — Yea
Evans — Yea
Correa — Yea
Hernandez — Yea
De León — Yea
Beall — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Nielsen — Yea
Torres — Yea
Walters — Yea
Wright — Yea
Cannella — Yea
Corbett — Yea
Hill — Yea
Lara — Yea
Monning — Yea
Pavley — Yea
Vidak — Yea
Wolk — Yea
DeSaulnier — Yea
Fuller — Yea
Galgiani — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

SB 447 Lara Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 3000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Buchanan — Yea
Levine — Yea
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Morrell — Yea
Nazarian — Yea
Rendon — Yea
Weber — Yea
Williams — Yea
Daly — Yea
Campos — Yea
Frazier — Yea
Mullin — Yea
Chau — Yea
Allen — Yea
Chávez — Yea
Bonilla — Yea
Holden — Yea
Olsen — Yea
Quirk — Yea
Ting — Yea
Wagner — Yea
Wieckowski — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Wilk — Yea
Achadjian — Yea
Ammiano — Yea
Brown — Yea
Chesbro — Yea
Hall — Yea
Harkey — Yea
Medina — Yea
Pan — Yea
Skinner — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Bradford — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Gray — Not Voting
Jones-Sawyer — Yea
Melendez — Yea
Nestande — Yea
Perea — Yea
Waldron — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

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
Bigelow — Yea
Bradford — Yea
Linder — Yea
Wagner — Yea
Gomez — Yea
Campos — Yea
Hall — Yea
Harkey — Yea
Bocanegra — Yea
Holden — Yea
Donnelly — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Consent Calendar 2nd

Passed 34 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 31004
Democratic 3000
Total 34004
% of votes cast 89%0%0%11%
How each member voted (38)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Huff — Yea
Knight — Yea
Leno — Yea
Pavley — Not Voting
Steinberg — Yea
Wright — Yea
Correa — Yea
Galgiani — Yea
Beall — Yea
Liu — Yea
Wyland — Yea
Emmerson — Yea
Fuller — Yea
Hancock — Yea
Hill — Yea
De León — Yea
Cannella — Yea
Hueso — Yea
Corbett — Yea
Lara — Not Voting
Block — Yea
Lieu — Yea
Monning — Yea
Nielsen — Yea
Price — Not Voting
Roth — Yea
Walters — Yea
Wolk — Yea
Evans — Yea
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

environment
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Frequently asked questions

What does SB 447 do?
(1) 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. 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 certain surface mining operations. Existing law also prohibits a state agency from acquiring or utilizing mined material, or from contracting with a person utilizing these materials, as specified, unless the material is produced from a mining operation on that list that meets certain requirements. This bill, in regard to mined materials a state agency may acquire or utilize, would remove the condition that the surface mining operation meet certain requirements, and instead require that the mined material be produced from a surface mining operation on the above-described list. The bill, until January 1, 2019, as specified, would also require this list to identify surface mining operations whose reclamation plan has been approved and is in compliance with the act, whose mining operation is in compliance with the approved reclamation plan or an order to comply, as specified, and whose mining operation has an approved financial assurance, as specified. The bill would require the Department of Conservation to submit a specified report to the Legislature between July 1, 2017, and January 1, 2018. (2) Existing law requires that the lead agency have primary responsibility in enforcing the act. The act permits, in cases where the State Mining and Geology Board is not the lead agency, the Director of Conservation to initiate enforcement actions if the lead agency has been notified by the director, for at least 15 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. This bill would require that the lead agency be notified of a violation for at least 30 days before the director could initiate enforcement actions, and would provide that a lead agency's failure to issue an order to comply within a reasonable time after issuing a notice of violation may be a failure to take appropriate enforcement action that permits the initiation of an enforcement action by the director.
Who sponsors SB 447?
SB 447 is sponsored by Lara.
What is the current status of SB 447?
This bill has been enacted into law. Introduced February 21, 2013. Enacted.
Where can I track SB 447?
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