California 2015-2016 Regular Session Status: Enacted

SB 209 — Surface mining: financial assurances: reclamation plans.

Last action — Chaptered by Secretary of State. Chapter 8, Statutes of 2016.

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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 11, 2015. 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 7 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 establishes the Office of Mine Reclamation within the Department of Conservation. Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on the operators of all active and idle mining operations. Existing law requires the maximum amount of the annual fee imposed on each mining operation to not exceed $4,000. Existing law limits the maximum amount of the total revenue generated from the reporting fee to no more than $3,500,000, as specified. This bill would instead establish the Division of Mine Reclamation within the department under the direction of the Supervisor of Mine Reclamation. The bill also would raise the maximum amount of the annual reporting fee to $10,000 per mining operation, except as specified. The bill would raise the maximum amount of the total revenue generated from the reporting fee to $8,000,000, as specified. (2) 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. This bill would require a lead agency that is the owner or operator of a borrow pit surface mining operation that is used solely by that lead agency to include in the reclamation plan maintenance measures that become effective when the borrow pit surface mining operation is idle or to obtain an approved interim management plan, as specified. The bill would authorize a lead agency to conduct an inspection once every 2 calendar years during a period when the borrow pit surface mining operation that is used solely by that lead agency is idle. This bill would allow an operator, after the board has adopted a specified regulation, to include in a financial assurance mechanism a corporate financial test, as described. (3) 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. (4) This bill would make its operation contingent on the enactment of Assembly Bill 1142 of the 2015–16 Regular Session.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 8, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Assembly amendments concurred in. (Ayes 28. Noes 8. Page 3350.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 54. Noes 20. Page 4039.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Ordered to third reading.

  10. From inactive file.

  11. Notice of intention to remove from inactive file given by Assembly Member Calderon.

  12. Ordered to inactive file on request of Assembly Member Holden.

  13. Ordered to third reading.

  14. Read third time and amended.

  15. Read second time. Ordered to third reading.

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

  17. From committee: Do pass as amended. (Ayes 12. Noes 4.) (August 27).

  18. August 19 set for first hearing. Placed on APPR. suspense file.

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

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

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 13).

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

  23. Referred to Com. on NAT. RES.

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

  25. Read third time. Passed. (Ayes 25. Noes 13. Page 1121.) Ordered to the Assembly.

  26. Read second time. Ordered to third reading.

  27. From committee: Do pass. (Ayes 5. Noes 2. Page 1101.) (May 26).

  28. Set for hearing May 26.

  29. May 18 set for first hearing canceled at the request of author.

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

  31. Set for hearing May 18.

  32. April 13 hearing postponed by committee.

  33. Set for hearing April 13.

  34. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 406.) (March 24). Re-referred to Com. on APPR.

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

  36. Set for hearing March 24.

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

  38. From printer. May be acted upon on or after March 14.

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

Sponsors

  • Pavley · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 9 voted No

Sponsors (1)

  • Pavley

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 SB209 Pavley Concurrence

Passed 28 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 26704
Democratic 2100
Total 28804
% of votes cast 70%20%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Yea
Hancock — Yea
Hill — Yea
Huff — Yea
Lara — Yea
Liu — Yea
Morrell — Nay
Roth — Yea
Vidak — Nay
Wieckowski — Yea
Galgiani — Yea
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Allen — Yea
Hueso — Yea
Mitchell — Yea
De León — Yea
Cannella — Yea
Runner — Not Voting
Bates — Nay
Beall — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Wolk — Yea
Fuller — Not Voting
Glazer — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 209 Pavley Senate Third Reading By GRAY

Passed 54 Yea · 20 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 491704
Democratic 4000
Republican 1301
Total 542005
% of votes cast 68%25%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Baker — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Low — Yea
Maienschein — Yea
Mathis — Nay
Nazarian — Yea
Olsen — Nay
Ridley-Thomas — Yea
Thurmond — Yea
Wagner — Nay
Williams — Yea
Eggman — Not Voting
Cooper — Yea
Daly — Yea
Frazier — Yea
Burke — Yea
Salas — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Harper — Nay
Holden — Yea
Jones-Sawyer — Yea
Campos — Yea
Atkins — Yea
Levine — Yea
Linder — Yea
Mayes — Nay
Chau — Yea
Medina — Yea
Alejo — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Melendez — Yea
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Wilk — Nay
Wood — Yea
Chang — Not Voting
Kim — Nay
McCarty — Not Voting
O'Donnell — Not Voting
Steinorth — Nay
Waldron — Nay
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Not Voting
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10201
Democratic 2000
Republican 0200
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Holden — Yea
Nazarian — Yea
Wagner — Not Voting
Wood — Yea
Eggman — Yea
Gomez — Yea
Chang — Nay
Quirk — Yea
Rendon — Yea
Weber — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 25 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231202
Democratic 2100
Total 251302
% of votes cast 63%33%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Block — Yea
Hancock — Yea
Hernandez — Yea
Lara — Yea
Nielsen — Nay
Pavley — Yea
Vidak — Nay
Wieckowski — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hall — Yea
Allen — Yea
De León — Yea
Beall — Yea
Hertzberg — Yea
Hill — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Wolk — Yea
Cannella — Nay
Runner — Not Voting
Mitchell — Not Voting
Hueso — Yea
Huff — Nay
Bates — Nay
Moorlach — Nay
Morrell — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Leyva — Yea
Nielsen — Nay
Hill — Yea
Lara — Yea
Mendoza — Yea
Beall — Yea

Official roll call →

Subjects

environment labor
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Frequently asked questions

What does SB 209 do?
(1) Existing law establishes the Office of Mine Reclamation within the Department of Conservation. Existing law requires the State Mining and Geology Board to impose, by regulation, an annual reporting fee on the operators of all active and idle mining operations. Existing law requires the maximum amount of the annual fee imposed on each mining operation to not exceed $4,000. Existing law limits the maximum amount of the total revenue generated from the reporting fee to no more than $3,500,000, as specified. This bill would instead establish the Division of Mine Reclamation within the department under the direction of the Supervisor of Mine Reclamation. The bill also would raise the maximum amount of the annual reporting fee to $10,000 per mining operation, except as specified. The bill would raise the maximum amount of the total revenue generated from the reporting fee to $8,000,000, as specified. (2) 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. This bill would require a lead agency that is the owner or operator of a borrow pit surface mining operation that is used solely by that lead agency to include in the reclamation plan maintenance measures that become effective when the borrow pit surface mining operation is idle or to obtain an approved interim management plan, as specified. The bill would authorize a lead agency to conduct an inspection once every 2 calendar years during a period when the borrow pit surface mining operation that is used solely by that lead agency is idle. This bill would allow an operator, after the board has adopted a specified regulation, to include in a financial assurance mechanism a corporate financial test, as described. (3) 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. (4) This bill would make its operation contingent on the enactment of Assembly Bill 1142 of the 2015–16 Regular Session.
Who sponsors SB 209?
SB 209 is sponsored by Pavley.
What is the current status of SB 209?
This bill has been enacted into law. Introduced February 11, 2015. Enacted.
Where can I track SB 209?
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