California 2015-2016 Regular Session Status: Enacted

AB 1142 — Mining and geology: surface mining.

Last action — Chaptered by Secretary of State - Chapter 7, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 27, 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 9 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) 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 revise and recast provisions of the act related to the approval of reclamation plans and, among other things, would require a reclamation plan filed by an operator of a surface mining operation with a lead agency to include specified reclamation maps; require a lead agency, when submitting a proposed reclamation plan to the Director of Conservation, to incorporate specified items of information and documents in the submitted reclamation plan within certain timeframes; and require the director to take certain actions upon receiving a proposed reclamation plan. By adding to the duties of a local government acting as a lead agency under the act, this bill would impose a state-mandated local program. This bill would revise and recast provisions of the act related to financial assurances and, among other things, would require an operator to replace an approved financial assurance only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance; require a lead agency to submit a surface mining operation's proposed financial assurance cost estimate to the director for review, as specified; and require the director to take certain actions upon receiving a financial assurance cost estimate from a lead agency. By adding to the duties of a local government acting as a lead agency under the act, this bill would impose a state-mandated local program. This bill also would require a lead agency or the State Mining and Geology Board to conduct a specified public hearing if the lead agency has evidence that an operator may be financially incapable of performing reclamation in accordance with its approved reclamation plan or that the operator has abandoned a surface mining operation without completing reclamation and to take appropriate actions to forfeit the operator's financial assurances if warranted following that hearing. This bill would require the director, no later than December 31, 2021, to submit a specified report to the Legislature on the expenditure of moneys in the Mine Reclamation Account. (2) The act requires the owner or operator of a mining operation to forward annually to the director and the lead agency a report that provides, among other things, proof of annual inspection by the lead agency. The act also requires every lead agency to adopt ordinances that establish procedures for the review and approval of reclamation plans, and, before approving a reclamation plan, to submit the plan to the director. The act requires a lead agency to inspect a surface mining operation within 6 months of receiving a specified report and to conduct an inspection no less than once every calendar year. The act authorizes a lead agency to cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, or state-licensed forester, as specified. This bill would revise and recast those provisions and, among other things, would authorize a lead agency to cause an inspection to be conducted by a qualified employee of the lead agency who meets specified criteria and who, after January 1, 2020, has completed an inspection workshop, as provided; impose new requirements on the lead agency related to the timing of inspections; and require the department to establish a training program for lead agency employees who inspect surface mining operations no later than December 31, 2017. By adding to the duties of a local government acting as a lead agency, this bill would impose a state-mandated local program. (3) The act requires that the lead agency have primary responsibility in enforcing the act. The act authorizes, in cases where the board is not the lead agency, the director to initiate enforcement actions if the lead agency has been notified by the director, for at least 30 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. The act establishes procedures and timelines for an operator to have an order setting administrative penalties reviewed by a legislative body of a lead agency, the board, or a superior court. This bill would revise and recast those provisions and, among other things, would revise the timelines and actions related to the issuance of an order to comply and, after the expiration of a specified review period, authorize the director or the board when it acts as a lead agency to apply to the small claims court or the superior court, as appropriate, for a judgment to collect an unpaid administrative penalty. (4) 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. (5) This bill would make its operation contingent on the enactment and operation of Senate Bill 209 of the 2015–16 Regular Session.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 7, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10:15 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 4354.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 9. Noes 0.) (April 11).

  6. Re-referred to Com. on NAT. RES. pursuant to Assembly Rule 77.2.

  7. In Assembly. Concurrence in Senate amendments pending. May be considered on or after April 2 pursuant to Assembly Rule 77.

  8. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 3349.).

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered returned to second reading.

  11. Ordered to second reading.

  12. From inactive file.

  13. Ordered to inactive file at the request of Senator Galgiani.

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (August 27).

  16. In committee: Referred to APPR. suspense file.

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

  18. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 14).

  19. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

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

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

  22. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 1. Page 1911.)

  23. Assembly Rule 69(d) suspended. (Page 1903.)

  24. Read third time and amended. Ordered to third reading. (Page 1851.)

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

  27. Joint Rule 62(a), file notice suspended. (Page 1613.)

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

  29. Re-referred to Com. on APPR.

  30. Read second time and amended.

  31. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 27).

  32. Re-referred to Com. on NAT. RES.

  33. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  34. Referred to Com. on NAT. RES.

  35. Read first time.

  36. From printer. May be heard in committee March 31.

  37. Introduced. To print.

Sponsors

  • Gray · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Gray

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 1142 GRAY Concurrence in Senate Amendments

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 66004
Democratic 4001
Republican 5000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Kim — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Olsen — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Daly — Yea
Gatto — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Hadley — Yea
Harper — Yea
Gray — Yea
Jones-Sawyer — Yea
Lopez — Yea
Levine — Not Voting
Linder — Yea
Mayes — Yea
McCarty — Not Voting
Medina — Yea
Melendez — Not Voting
Mullin — Yea
Campos — Yea
Atkins — Yea
Nazarian — Not Voting
Obernolte — Yea
Baker — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

3rd Reading AB1142 Gray By Pavley

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 3000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Huff — Yea
Leyva — Yea
Monning — Yea
Vidak — Yea
Cannella — Yea
Fuller — Yea
Allen — Yea
Mitchell — Yea
Hill — Yea
Lara — Yea
Pan — Yea
De León — Yea
Runner — Not Voting
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Not Voting
Nielsen — Not Voting
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Do pass as amended

Passed 5 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Total 5002
% of votes cast 71%0%0%29%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Hill — Yea
Leyva — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
Nielsen — Not Voting

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Hill — Yea
Leyva — Yea
Mendoza — Yea

AB 1142 GRAY Assembly Third Reading

Passed 73 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 63106
Democratic 4000
Republican 6000
Total 73106
% of votes cast 91%1%0%8%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Not Voting
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Kim — Yea
Maienschein — Yea
Medina — Yea
Mullin — Yea
Nazarian — Not Voting
Olsen — Yea
Ridley-Thomas — Yea
Santiago — Yea
Wagner — Yea
Waldron — Yea
Eggman — Yea
Chiu — Yea
Campos — Yea
Gatto — Yea
Salas — Yea
Bonilla — Yea
Harper — Yea
Holden — Yea
Gray — Yea
Lopez — Yea
Low — Yea
Mayes — Yea
Chávez — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
McCarty — Yea
Melendez — Yea
O'Donnell — Yea
Obernolte — Yea
Perea — Yea
Wilk — Yea
Gomez — Not Voting
Gordon — Not Voting
Hadley — Yea
Burke — Yea
Atkins — Yea
Chang — Yea
Chau — Yea
Levine — Nay
Chu — Yea
Cooley — Yea
Linder — Yea
Mathis — Yea
Quirk — Yea
Rendon — Not Voting
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Ting — Not Voting
Weber — Yea
Williams — Yea
Wood — Yea
Frazier — Yea
Gonzalez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 13000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Quirk — Yea
Wood — Yea
Eggman — Yea
Gomez — Yea
Gordon — Yea
Holden — Yea
Bigelow — Yea
Chang — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Daly — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Subjects

public-safety environment labor
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Frequently asked questions

What does AB 1142 do?
(1) 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 revise and recast provisions of the act related to the approval of reclamation plans and, among other things, would require a reclamation plan filed by an operator of a surface mining operation with a lead agency to include specified reclamation maps; require a lead agency, when submitting a proposed reclamation plan to the Director of Conservation, to incorporate specified items of information and documents in the submitted reclamation plan within certain timeframes; and require the director to take certain actions upon receiving a proposed reclamation plan. By adding to the duties of a local government acting as a lead agency under the act, this bill would impose a state-mandated local program. This bill would revise and recast provisions of the act related to financial assurances and, among other things, would require an operator to replace an approved financial assurance only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance; require a lead agency to submit a surface mining operation's proposed financial assurance cost estimate to the director for review, as specified; and require the director to take certain actions upon receiving a financial assurance cost estimate from a lead agency. By adding to the duties of a local government acting as a lead agency under the act, this bill would impose a state-mandated local program. This bill also would require a lead agency or the State Mining and Geology Board to conduct a specified public hearing if the lead agency has evidence that an operator may be financially incapable of performing reclamation in accordance with its approved reclamation plan or that the operator has abandoned a surface mining operation without completing reclamation and to take appropriate actions to forfeit the operator's financial assurances if warranted following that hearing. This bill would require the director, no later than December 31, 2021, to submit a specified report to the Legislature on the expenditure of moneys in the Mine Reclamation Account. (2) The act requires the owner or operator of a mining operation to forward annually to the director and the lead agency a report that provides, among other things, proof of annual inspection by the lead agency. The act also requires every lead agency to adopt ordinances that establish procedures for the review and approval of reclamation plans, and, before approving a reclamation plan, to submit the plan to the director. The act requires a lead agency to inspect a surface mining operation within 6 months of receiving a specified report and to conduct an inspection no less than once every calendar year. The act authorizes a lead agency to cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, or state-licensed forester, as specified. This bill would revise and recast those provisions and, among other things, would authorize a lead agency to cause an inspection to be conducted by a qualified employee of the lead agency who meets specified criteria and who, after January 1, 2020, has completed an inspection workshop, as provided; impose new requirements on the lead agency related to the timing of inspections; and require the department to establish a training program for lead agency employees who inspect surface mining operations no later than December 31, 2017. By adding to the duties of a local government acting as a lead agency, this bill would impose a state-mandated local program. (3) The act requires that the lead agency have primary responsibility in enforcing the act. The act authorizes, in cases where the board is not the lead agency, the director to initiate enforcement actions if the lead agency has been notified by the director, for at least 30 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. The act establishes procedures and timelines for an operator to have an order setting administrative penalties reviewed by a legislative body of a lead agency, the board, or a superior court. This bill would revise and recast those provisions and, among other things, would revise the timelines and actions related to the issuance of an order to comply and, after the expiration of a specified review period, authorize the director or the board when it acts as a lead agency to apply to the small claims court or the superior court, as appropriate, for a judgment to collect an unpaid administrative penalty. (4) 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. (5) This bill would make its operation contingent on the enactment and operation of Senate Bill 209 of the 2015–16 Regular Session.
Who sponsors AB 1142?
AB 1142 is sponsored by Gray.
What is the current status of AB 1142?
This bill has been enacted into law. Introduced February 27, 2015. Enacted.
Where can I track AB 1142?
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