California 2017-2018 Regular Session Status: In Committee

AB 438 — Surface mining: greenhouse gases.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2017-2018 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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. The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. This bill would require a city or county acting as a lead agency under the Surface Mining and Reclamation Act of 1975 to notify the state board when an application for a new permit or to renew a permit for a surface mining operation for construction aggregate operations is filed with the city or county. The bill would require the state board to prepare and provide to the city or county a low-carbon infrastructure supply chain analysis, as specified, to assist the city or county in its decisionmaking role under the Surface Mining and Reclamation Act of 1975. The bill would require the city or county to make publicly available the low-carbon infrastructure supply chain analysis provided by the state board, as specified. By adding to the duties of a city or county acting as a lead agency under the Surface Mining and Reclamation Act of 1975, this bill would impose a state-mandated local program. 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.

Bill Text

What changed in the latest version

1 added · 1 removed

1 line(s) added, 1 removed.

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Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. Referred to Com. on NAT. RES.

  4. From printer. May be heard in committee March 16.

  5. Read first time. To print.

Sponsors

  • Caballero · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Caballero

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

Subjects

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Frequently asked questions

What does AB 438 do?
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. The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. This bill would require a city or county acting as a lead agency under the Surface Mining and Reclamation Act of 1975 to notify the state board when an application for a new permit or to renew a permit for a surface mining operation for construction aggregate operations is filed with the city or county. The bill would require the state board to prepare and provide to the city or county a low-carbon infrastructure supply chain analysis, as specified, to assist the city or county in its decisionmaking role under the Surface Mining and Reclamation Act of 1975. The bill would require the city or county to make publicly available the low-carbon infrastructure supply chain analysis provided by the state board, as specified. By adding to the duties of a city or county acting as a lead agency under the Surface Mining and Reclamation Act of 1975, this bill would impose a state-mandated local program. 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.
Who sponsors AB 438?
AB 438 is sponsored by Caballero.
What is the current status of AB 438?
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 438?
Track AB 438 free on One Click Politics — get push/email alerts when it moves.

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