reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 7.8 - Seismic Hazards Mapping › Section 2696.

2696. (a) The State Geologist shall compile maps identifying seismic hazard zones, consistent with the requirements of Section 2695. The maps shall be compiled in accordance with a time schedule developed by the director and based upon the provisions of Section 2695 and the level of funding available to implement this chapter.
(b) The State Geologist shall, upon completion, submit seismic hazard maps compiled pursuant to subdivision (a) to the board and all affected cities, counties, and state agencies for review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days of board review, the State Geologist shall revise the maps, as appropriate, and shall provide copies of the official maps to each state agency, city, or county, including the county recorder, having jurisdiction over lands containing an area of seismic hazard. The county recorder shall record all information transmitted as part of the public record.
(c) In order to ensure that sellers of real property and their agents are adequately informed, any county that receives an official map pursuant to this section shall post a notice within five days of receipt of the map at the office of the county recorder, county assessor, and county planning agency, identifying the location of the map, any information regarding changes to the map, and the effective date of the notice.
(Amended (as amended by Stats. 1992, Ch. 999) by Stats. 1998, Ch. 65, Sec. 14. Effective June 9, 1998. Applicable from June 1, 1998, by Sec. 18 of Ch. 65. Note: Ch. 65 (pursuant to Sec. 20) supersedes, and precludes operation of, Stats. 1997, 1st Ex. Sess., Ch. 7.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 7.8 - Seismic Hazards Mapping › Section 2697.

2697. (a) Cities and counties shall require, prior to the approval of a project located in a seismic hazard zone, a geotechnical report defining and delineating any seismic hazard. If the city or county finds that no undue hazard of this kind exists, based on information resulting from studies conducted on sites in the immediate vicinity of the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a waiver granted, subsequent geotechnical reports shall not be required, provided that new geologic datum, or data, warranting further investigation is not recorded. Each city and county shall submit one copy of each approved geotechnical report, including the mitigation measures, if any, that are to be taken, to the State Geologist within 30 days of its approval of the report.
(b) In meeting the requirements of this section, cities and counties shall consider the policies and criteria established pursuant to this chapter. If a project’s approval is not in accordance with the policies and criteria, the city or county shall explain the reasons for the differences in writing to the State Geologist, within 30 days of the project’s approval.
(Added by Stats. 1990, Ch. 1168, Sec. 3. Section operative April 1, 1991, pursuant to Section 2599.6 (later renumbered as 2699.6).)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 7.8 - Seismic Hazards Mapping › Section 2698.

2698. Nothing in this chapter is intended to prevent cities and counties from establishing policies and criteria which are more strict than those established by the board.
(Added by Stats. 1990, Ch. 1168, Sec. 3. Section operative April 1, 1991, pursuant to Section 2599.6 (later renumbered as 2699.6).)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 7.8 - Seismic Hazards Mapping › Section 2699.

2699. Each city and county, in preparing the safety element to its general plan pursuant to subdivision (g) of Section 65302 of the Government Code, and in adopting or revising land use planning and permitting ordinances, shall take into account the information provided in available seismic hazard maps.
(Added by Stats. 1990, Ch. 1168, Sec. 3. Section operative April 1, 1991, pursuant to Section 2599.6 (later renumbered as 2699.6).)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 7.8 - Seismic Hazards Mapping › Section 2699.5.

2699.5. (a) There is hereby created the Seismic Hazards Identification Fund, as a special fund in the State Treasury.
(b) Upon appropriation by the Legislature, the moneys in the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund shall be allocated to the division for purposes of this chapter and Chapter 8 (commencing with Section 2700).
(c) On and after July 1, 2004, the Seismic Hazards Identification Fund shall be known as the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund.
(Amended by Stats. 2003, Ch. 240, Sec. 5. Effective August 13, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 7.8 - Seismic Hazards Mapping › Section 2699.6.

2699.6. This chapter shall become operative on April 1, 1991.
(Added by renumbering Section 2599.6 by Stats. 1991, Ch. 1091, Sec. 126. Note: This section, as formerly numbered 2599.6, prescribed a delayed operative date (April 1, 1991) for Chapter 7.8, commencing with Section 2690.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 8 - Strong-Motion Instrumentation Program › Section 2700.

2700. There is hereby established in the State of California a strong-motion instrumentation program for the purpose of administering the program and of acquiring strong-motion instruments and installing and maintaining such instruments as needed in representative geologic environments and structures throughout the state.
(Added by Stats. 1971, Ch. 1152.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 8 - Strong-Motion Instrumentation Program › Section 2701.

2701. The survey shall organize and monitor the program with the advice of the Seismic Safety Commission.
(Amended by Stats. 2017, Ch. 521, Sec. 24. (SB 809) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 8 - Strong-Motion Instrumentation Program › Section 2702.

2702. The survey shall purchase, install, and maintain instruments in representative structures and geologic environments throughout the state, and shall process the data obtained from those instruments resulting from periodic earthquakes, as deemed necessary and desirable by the Seismic Safety Commission.
(Amended by Stats. 2017, Ch. 521, Sec. 25. (SB 809) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 8 - Strong-Motion Instrumentation Program › Section 2703.

2703. The survey shall maintain and service the strong-motion instruments installed, shall collect and interpret all records from the instruments, and shall make the records, record interpretations, and technical assistance available to the construction industry.
(Amended by Stats. 2017, Ch. 521, Sec. 26. (SB 809) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 8 - Strong-Motion Instrumentation Program › Section 2705.5.

2705.5. The California Geological Survey shall advise counties and cities as to that portion of the total fees allocated to the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund, so that this information may be provided to building permit applicants.
(Amended by Stats. 2006, Ch. 869, Sec. 15. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 8 - Strong-Motion Instrumentation Program › Section 2707.

2707. The survey, upon the advice of the Seismic Safety Commission, whenever it determines that an adequate instrumentation program has been achieved, may reduce the fee levied against building permits as provided in Section 2705 to a level sufficient to maintain the program established pursuant to this chapter.
(Amended by Stats. 2017, Ch. 521, Sec. 27. (SB 809) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 8 - Strong-Motion Instrumentation Program › Section 2709.

2709. Any city or county that has been exempted from the provisions of Section 2705 by Section 2708 may participate in the state strong-motion instrumentation program by a written request to the State Geologist by the governing body of such city or county that its exemption be rescinded.
(Added by Stats. 1975, Ch. 47.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 8 - Strong-Motion Instrumentation Program › Section 2709.1.

2709.1. (a) No strong-motion instrumentation shall be installed pursuant to this chapter in the structural types identified in subdivision (b) unless funds proportionate to the construction value as called for under Section 2705 are received from organizations or entities representing these structural types, or the instrumentation is specifically called for by the Seismic Safety Commission in urgency situations.
(b) The structural types subject to this section include all of the following:
(1) Hospitals.
(2) Dams.
(3) Bridges.
(4) Schools.
(5) Powerplants.
(c) The Strong-Motion Instrumentation and Seismic Hazards Mapping Fund may accept funds from sources other than the permit fees identified in this chapter. The priority of installations performed under this chapter shall be determined by the Seismic Safety Commission.
(Amended by Stats. 2003, Ch. 240, Sec. 9. Effective August 13, 2003. Operative July 1, 2004, by Sec. 43 of Ch. 240.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2710.

2710. This chapter shall be known and may be cited as the Surface Mining and Reclamation Act of 1975.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2711.

2711. (a) The Legislature hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
(b) The Legislature further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
(c) The Legislature further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefor may vary accordingly.
(d) The Legislature further finds that the production and development of local mineral resources that help maintain a strong economy and that are necessary to build the state’s infrastructure are vital to reducing transportation emissions that result from the distribution of hundreds of millions of tons of construction aggregates that are used annually in building and maintaining the state.
(e) The Legislature further finds and recognizes the need of the state to provide local governments, metropolitan planning organizations, and other relevant planning agencies with the information necessary to identify and protect mineral resources within general plans.
(f) The Legislature further finds that the state’s mineral resources are vital, finite, and important natural resources and the responsible protection and development of these mineral resources is vital to a sustainable California.
(Amended by Stats. 2011, Ch. 218, Sec. 1. (AB 566) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2712.

2712. It is the intent of the Legislature to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that:
(a) Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.
(b) The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.
(c) Residual hazards to the public health and safety are eliminated.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2713.

2713. It is not the intent of the Legislature by the enactment of this chapter to take private property for public use without payment of just compensation in violation of the California and United States Constitutions.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2715.

2715. No provision of this chapter or any ruling, requirement, or policy of the board is a limitation on any of the following:
(a) On the police power of any city or county or on the power of any city or county to declare, prohibit, and abate nuisances.
(b) On the power of the Attorney General, at the request of the board, or upon his own motion, to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance.
(c) On the power of any state agency in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer.
(d) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in Part 3 (commencing with Section 3479) of Division 4 of the Civil Code or for any other private relief.
(e) On the power of any lead agency to adopt policies, standards, or regulations imposing additional requirements on any person if the requirements do not prevent the person from complying with the provisions of this chapter.
(f) On the power of any city or county to regulate the use of buildings, structures, and land as between industry, business, residences, open space (including agriculture, recreation, the enjoyment of scenic beauty, and the use of natural resources), and other purposes.
(Amended by Stats. 1980, Ch. 800, Sec. 1. Effective July 28, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2716.

2716. (a) Any interested person may commence an action on his or her own behalf against the board, the lead agency, the State Geologist, the supervisor, or the director for a writ of mandate pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure to compel the board, the State Geologist, the supervisor, or the director to carry out any duty imposed upon them pursuant to this chapter.
(b) For purposes of this section, “person” means an individual, firm, association, corporation, organization, or partnership, or a city, county, district, or the state or any department or agency of the state.
(Amended by Stats. 2017, Ch. 521, Sec. 30. (SB 809) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2717.

2717. (a) Notwithstanding Section 10231.5 of the Government Code, the board shall submit to the Legislature on December 1 of each year a report on the actions taken pursuant to this chapter during the preceding fiscal year. The report shall include a statement of the actions, including legislative recommendations, that are necessary to carry out more completely the purposes and requirements of this chapter.
(b) For purposes of ensuring compliance with Sections 10295.5 and 20676 of the Public Contract Code, the Division of Mine Reclamation shall, 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 all surface mining operations subject to this chapter and Section 2207 that are reporting as newly permitted, active, or idle, for which all of the following apply:
(1) A reclamation plan has been approved.
(2) A financial assurance mechanism that is at least equal to the current approved financial assurance cost estimate, as described in Section 2736, has been approved.
(3) A financial assurance cost estimate required under Section 2773.4 has been submitted, as indicated on a notice of completion of inspection submitted by the lead agency pursuant to subdivision (b) of Section 2774. Operators may also confirm submission of their annual financial assurance cost estimate as required by subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 2773.4 by providing a copy of the first page of the financial assurance cost estimate (FACE-1) form to the supervisor.
(4) The annual report required under Section 2207 has been submitted.
(5) All fees required under Section 2207, including all past-due fees, administrative penalties, and interest have been paid.
(6) The operation is not out of compliance with an order to comply or stipulated order to comply.
(c) Notwithstanding paragraphs (1) and (2) of subdivision (b), surface mining operations for which an appeal is pending before the board pursuant to subdivision (e) of Section 2770, if the appeal was not pending before the board for more than 180 days, shall be included on the list published pursuant to subdivision (b).
(d) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2019, Ch. 497, Sec. 214. (AB 991) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2718.

2718. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 1 - General Provisions › Section 2719.

2719. Notwithstanding any other provision of law, neither the state nor any county, city, district, or other political subdivision shall be exempt from any fee imposed upon a mining operation pursuant to subdivision (d) of Section 2207.
(Added by Stats. 1992, Ch. 1066, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2725.

2725. Unless the context otherwise requires, the definitions set forth in this article shall govern the construction of this chapter.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2726.

2726. “Area of regional significance” means an area designated by the board pursuant to Section 2790 which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local significance.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2727.

2727. “Area of statewide significance” means an area designated by the board pursuant to Section 2790 which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2727.1.

2727.1. “Idle” means that an operator of a surface mining operation has curtailed production at the surface mining operation, with the intent to resume the surface mining operation at a future date, for a period of one year or more by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has not been approved.
(Amended by Stats. 2011, Ch. 491, Sec. 1. (SB 108) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2728.

2728. “Lead agency” means the city, county, San Francisco Bay Conservation and Development Commission, or the board which has the principal responsibility for approving a reclamation plan pursuant to this chapter.
(Amended by Stats. 2006, Ch. 869, Sec. 18. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2729.

2729. “Mined lands” includes the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2730.

2730. “Mining waste” includes the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2731.

2731. “Operator” means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf, except a person who is engaged in surface mining operations as an employee with wages as his sole compensation.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2732.

2732. “Overburden” means soil, rock, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2732.5.

2732.5. “Permit” means any authorization from, or approval by, a lead agency, the absence of which would preclude surface mining operations.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2733.

2733. “Reclamation” means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition that is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, slope stabilization, or other measures.
(Amended by Stats. 2016, Ch. 7, Sec. 3. (AB 1142) Effective January 1, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2734.

2734. “State policy” means the regulations adopted by the board pursuant to Section 2755.
(Amended by Stats. 1980, Ch. 800, Sec. 2.2. Effective July 28, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2735.

2735. “Surface mining operations” means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:
(a) Inplace distillation or retorting or leaching.
(b) The production and disposal of mining waste.
(c) Prospecting and exploratory activities.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 2 - Definitions › Section 2736.

2736. “Financial assurances” means a current approved financial assurance cost estimate and a financial assurance mechanism that is at least equal to the current approved financial assurance cost estimate.
(Added by Stats. 2016, Ch. 7, Sec. 4. (AB 1142) Effective January 1, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 3 - District Committees › Section 2740.

2740. In carrying out the provisions of this chapter, the board may establish districts and appoint one or more district technical advisory committees to advise the board. In establishing districts for these committees, the board shall take into account physical characteristics, including, but not limited to, climate, topography, geology, type of overburden, and principal mineral commodities. Members of the committees shall be selected and appointed on the basis of their professional qualifications and training in mineral resource conservation, development and utilization, land use planning, mineral economics, or the reclamation of mined lands.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 3 - District Committees › Section 2741.

2741. The members of the committee shall receive no compensation for their services, but shall be entitled to their actual and necessary expenses incurred in the performance of their duties.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2755.

2755. The board shall adopt regulations that establish state policy for the reclamation of mined lands in accordance with Article 1 (commencing with Section 2710) of this chapter and pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2004, Ch. 183, Sec. 285. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2756.

2756. State policy shall apply to the conduct of surface mining operations and shall include, but shall not be limited to, measures to be employed by lead agencies in specifying grading, backfilling, resoiling, revegetation, soil compaction, and other reclamation requirements, and for soil erosion control, water quality and watershed control, waste disposal, and flood control.
(Amended by Stats. 1980, Ch. 800, Sec. 3. Effective July 28, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2757.

2757. The state policy adopted by the board shall be based upon a study of the factors that significantly affect the present and future condition of mined lands, and shall be used as standards by lead agencies in preparing specific and general plans, including the conservation and land use elements of the general plan and zoning ordinances. The state policy shall not include aspects of regulating surface mining operations which are solely of local concern, and not of statewide or regional concern, as determined by the board, such as, but not limited to, hours of operation, noise, dust, fencing, and purely aesthetic considerations.
(Amended by Stats. 1980, Ch. 800, Sec. 4. Effective July 28, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2758.

2758. Such policy shall include objectives and criteria for all of the following:
(a) Determining the lead agency pursuant to the provisions of Section 2771.
(b) The orderly evaluation of reclamation plans.
(c) Determining the circumstances, if any, under which the approval of a proposed surface mining operation by a lead agency need not be conditioned on a guarantee assuring reclamation of the mined lands.
(Added by Stats. 1975, Ch. 1131.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2759.

2759. The state policy shall be continuously reviewed and may be revised. During the formulation or revision of the policy, the board shall consult with, and carefully evaluate the recommendations of, the supervisor, any district technical advisory committees, concerned federal, state, and local agencies, educational institutions, civic and public interest organizations, and private organizations and individuals.
(Amended by Stats. 2017, Ch. 521, Sec. 33. (SB 809) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2760.

2760. The board shall not adopt or revise the state policy, unless a public hearing is first held respecting its adoption or revision. At least 30 days prior to the hearing, the board shall give notice of the hearing by publication pursuant to Section 6061 of the Government Code.
(Amended by Stats. 1981, Ch. 714, Sec. 344.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2761.

2761. (a) On or before January 1, 1977, and, at a minimum, after the completion of each decennial census, the Office of Planning and Research shall identify portions of the following areas within the state that are urbanized or are subject to urban expansion or other irreversible land uses that would preclude mineral extraction:
(1) Standard metropolitan statistical areas and other areas for which information is readily available.
(2) Other areas as may be requested by the board.
(b) In accordance with a time schedule, and based upon guidelines adopted by the board, the State Geologist shall classify, on the basis solely of geologic factors, and without regard to existing land use and land ownership, the areas identified by the Office of Planning and Research, any area for which classification has been requested by a petition that has been accepted by the board, or any other areas as may be specified by the board, as one of the following:
(1) An area that contains mineral deposits and is not of regional or statewide significance.
(2) An area that contains mineral deposits and is of regional or statewide significance.
(3) An area that contains mineral deposits, the significance of which requires further evaluation.
(c) The State Geologist shall require the petitioner to pay the reasonable costs of classifying an area for which classification has been requested by the petitioner.
(d) The State Geologist shall transmit the information to the board for incorporation into the state policy and for transmittal to lead agencies.
(e) The board shall transmit mineral resource information on areas classified by the State Geologist pursuant to paragraph (2) of subdivision (b), or on applicable areas designated by the board pursuant to Section 2790, or both, to a lead agency or a metropolitan planning organization within 30 days of receiving a request for the mineral resource information identified within the jurisdiction of the lead agency or the metropolitan planning organization.
(Amended by Stats. 2011, Ch. 218, Sec. 2. (AB 566) Effective January 1, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2763.

2763. (a) If an area is designated by the board as an area of regional significance, and the lead agency either has designated that area in its general plan as having important minerals to be protected pursuant to subdivision (a) of Section 2762, or otherwise has not yet acted pursuant to subdivision (a) of Section 2762, then prior to permitting a use which would threaten the potential to extract minerals in that area, the lead agency shall prepare a statement specifying its reasons for permitting the proposed use, in accordance with the requirements set forth in subdivision (d) of Section 2762. Lead agency land use decisions involving areas designated as being of regional significance shall be in accordance with the lead agency’s mineral resource management policies and shall also, in balancing mineral values against alternative land uses, consider the importance of these minerals to their market region as a whole and not just their importance to the lead agency’s area of jurisdiction.
(b) If an area is designated by the board as an area of statewide significance, and the lead agency either has designated that area in its general plan as having important minerals to be protected pursuant to subdivision (a) of Section 2762, or otherwise has not yet acted pursuant to subdivision (a) of Section 2762, then prior to permitting a use which would threaten the potential to extract minerals in that area, the lead agency shall prepare a statement specifying its reasons for permitting the proposed use, in accordance with the requirements set forth in subdivision (d) of Section 2762. Lead agency land use decisions involving areas designated as being of statewide significance shall be in accordance with the lead agency’s mineral resource management policies and shall also, in balancing mineral values against alternative land uses, consider the importance of the mineral resources to the state and nation as a whole.
(Amended by Stats. 1990, Ch. 1097, Sec. 6.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 4 - State Policy for the Reclamation of Mined Lands › Section 2764.

2764. (a) Upon the request of an operator or other interested person and payment by the requesting person of the estimated cost of processing the request, the lead agency having jurisdiction shall amend its general plan, or prepare a new specific plan or amend any applicable specific plan, that shall, with respect to the continuation of the existing surface mining operation for which the request is made, plan for future land uses in the vicinity of, and access routes serving, the surface mining operation in light of the importance of the minerals to their market region as a whole, and not just their importance to the lead agency’s area of jurisdiction.
(b) In adopting amendments to the general plan, or adopting or amending a specific plan, the lead agency shall make written legislative findings as to whether the future land uses and particular access routes will be compatible or incompatible with the continuation of the surface mining operation, and if they are found to be incompatible, the findings shall include a statement of the reasons why they are to be provided for, notwithstanding the importance of the minerals to their market region as a whole or their previous designation by the board, as the case may be.
(c) Any evaluation of a mineral deposit prepared by a lead agency for the purpose of carrying out this section shall be transmitted to the State Geologist and the board.
(d) The procedure provided for in this section shall not be undertaken in any area that has been designated pursuant to Article 6 (commencing with Section 2790) if mineral resource management policies have been established and incorporated in the lead agency’s general plan in conformance with Article 4 (commencing with Section 2755).
(Added by Stats. 1986, Ch. 82, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 5 - Reclamation Plans and the Conduct of Surface Mining Operations › Section 2770.1.

2770.1. For the purposes of a borrow pit surface mining operation that is owned or operated by a lead agency solely for use by that lead agency, all of the following shall apply:
(a) (1) In addition to the requirements of Sections 2772 and 2773, the lead agency shall include in its reclamation plan maintenance measures that become effective when the borrow pit surface mining operation is idle. The maintenance measures shall maintain the site in compliance with this chapter while the borrow pit surface mining operation is idle.
(2) Notwithstanding paragraph (1), a lead agency may obtain an interim management plan pursuant to subdivision (h) of Section 2770.
(3) A lead agency that complies with this subdivision shall be exempt from the requirements of paragraph (6) of subdivision (h) of Section 2770.
(b) Notwithstanding paragraph (2) of subdivision (h) of Section 2770, an interim management plan for a borrow pit surface mining operation may remain in effect until reclamation of the borrow pit surface mining operation is completed in accordance with the approved reclamation plan.
(c) Notwithstanding subdivision (b) of Section 2774, a lead agency may conduct an inspection of a borrow pit surface mining operation once every two calendar years during a period when the borrow pit surface mining operation is idle.
(Added by Stats. 2016, Ch. 8, Sec. 5. (SB 209) Effective January 1, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 5 - Reclamation Plans and the Conduct of Surface Mining Operations › Section 2770.5.

2770.5. Whenever surface mining operations are proposed in the 100-year flood plain for any stream, as shown in Zone A of Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the lead agency receiving the application for the issuance or renewal of a permit to conduct the surface mining operations shall notify the Department of Transportation that the application has been received. The Department of Transportation shall have a period of not more than 45 days to review and comment on the proposed surface mining operations with respect to any potential damage to the state highway bridge from the proposed surface mining operations. The lead agency shall not issue or renew the permit until the Department of Transportation has submitted its comments or until 45 days from the date the application for the permit was submitted, whichever occurs first.
(Added by Stats. 1984, Ch. 254, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 5 - Reclamation Plans and the Conduct of Surface Mining Operations › Section 2770.6.

2770.6. (a) Whenever surface mining operations are proposed within the boundaries of the San Gabriel Basin Water Quality Authority that may penetrate the groundwater, and whenever proposed reclamation activities may impact groundwater quality, the lead agency reviewing an application to conduct surface mining operations, or reviewing an application for the approval of a reclamation plan, shall notify and provide copies of the subject application to the appropriate California regional water quality control board, and any watermaster for the groundwater recharge basin. Notwithstanding any other provision of law, the appropriate California regional water quality control board may impose an administrative fee on the applicant to cover its costs associated with the review of, and preparation of, comments on the subject application, as required pursuant to this section.
(b) Each agency shall have 60 days to review and comment on the proposed surface mining operation described in subdivision (a) and the adoption of any reclamation plan therefor. Each agency shall comment on the existing groundwater quality and the potential impacts to water quality that may result from the mining operations and the proposed reclamation plan, and shall recommend methods and procedures to protect groundwater quality and prevent groundwater degradation. Each agency shall also comment on the proposed mining activities, including the conduct of excavation and backfilling operations in contact with groundwater, and the impact of any proposed alternative land uses on groundwater quality. When the proposed surface mining operations or reclamation plan will impact the groundwater, the lead agency shall not approve the reclamation plan without requiring actions to ensure the reasonable protection of the beneficial uses of groundwater and the prevention of nuisance. Each agency shall have 60 days to review and comment or until 60 days from the date of application, whichever occurs first.
(c) This section applies to activities otherwise subject to this chapter conducted within the boundaries of the San Gabriel Basin Water Quality Authority. To the extent of any conflict between this section and any other provision of this chapter, this section shall prevail.
(Added by Stats. 2000, Ch. 515, Sec. 1. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 5 - Reclamation Plans and the Conduct of Surface Mining Operations › Section 2771.

2771. Whenever a proposed or existing surface mining operation is within the jurisdiction of two or more public agencies, is a permitted use within the agencies, and is not separated by a natural or manmade barrier coinciding with the boundary of the agencies, the evaluation of the proposed or existing operation shall be made by the lead agency in accordance with the procedures adopted by the lead agency pursuant to Section 2774. If a question arises as to which public agency is the lead agency, any affected public agency, or the affected operator, may submit the matter to the board. The board shall notify in writing all affected public agencies and operators that the matter has been submitted, specifying a date for a public hearing. The board shall designate the public agency which shall serve as the lead agency, giving due consideration to the capability of the agency to fulfill adequately the requirements of this chapter and to an examination of which of the public agencies has principal permit responsibility.
(Repealed and added by Stats. 1990, Ch. 1097, Sec. 10.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 5 - Reclamation Plans and the Conduct of Surface Mining Operations › Section 2772.5.

2772.5. (a) A reclamation plan by any person who owns, leases, or otherwise controls or operates on all, or any portion of any, mined lands within the boundaries of the San Gabriel Basin Water Quality Authority, and who plans to conduct surface mining operations on those lands, in addition to the information required pursuant to subdivision (c) of Section 2772, shall include a description of any programs necessary to monitor the effects of mining and reclamation operations on air, water, and soil quality, on the surrounding area, backfill characteristics, geologic conditions, and slope stability, similar to the California Environmental Quality Act document for the reclamation project.
(b) This section applies to activities otherwise subject to this chapter conducted within the boundaries of the San Gabriel Basin Water Quality Authority. To the extent of any conflict between this section and any other provision of this chapter, this section shall prevail.
(Added by Stats. 2000, Ch. 515, Sec. 2. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 2 - GEOLOGY, MINES AND MINING › CHAPTER 9 - Surface Mining and Reclamation Act of 175 › ARTICLE 5 - Reclamation Plans and the Conduct of Surface Mining Operations › Section 2772.6.

2772.6. (a) In addition to meeting the requirements of Section 2773.1, the financial assurance cost estimate required of a surface mining operation within the boundaries of the San Gabriel Basin Water Quality Authority for any one year shall be in an amount not less than that required to ensure reclamation of the disturbed areas is completed in accordance with the approved reclamation plan.
(b) This section applies to activities otherwise subject to this chapter conducted within the boundaries of the San Gabriel Basin Water Quality Authority. To the extent of any conflict between this section and any other provision of this chapter, this section shall prevail.
(Amended by Stats. 2017, Ch. 521, Sec. 37. (SB 809) Effective January 1, 2018.)