Public Resources Code — Part 9 | PRC — United States — California law | Esheria

Public Resources Code

Part 9 of 41 · provisions 1,601–1,800

This act is named the Public Resources Code.

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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 26594.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. )

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    A district may repay financial assistance accepted under Section 26591.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26594. A district may repay any financial assistance accepted pursuant to Section 26591. (Added by Stats. 1979, Ch. 1118.)
  2. 26595.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. )

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    A district may reimburse the local agency for all or part of the costs and expenses the local agency incurred in forming the district.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 4. Finances [26587 - 26595] ( Chapter 4 added by Stats. 1979, Ch. 1118. ) ## ARTICLE 2. Financial Assistance [26591 - 26595] ( Article 2 added by Stats. 1979, Ch. 1118. ) ## 26595. A district may reimburse the local agency for all or any part of the cost and expenses incurred by the local agency in formation of the district. (Added by Stats. 1979, Ch. 1118.)
  3. 26600.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 5. Improvements [26600 - 26601] ( Chapter 5 added by Stats. 1979, Ch. 1118. )

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    The board of directors may negotiate improvement contracts or award them through competitive bidding.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 5. Improvements [26600 - 26601] ( Chapter 5 added by Stats. 1979, Ch. 1118. ) ## 26600. The board of directors may negotiate improvement contracts or may award such contracts by competitive bidding pursuant to procedures approved by the board of directors. (Added by Stats. 1979, Ch. 1118.)
  4. 26601.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 5. Improvements [26600 - 26601] ( Chapter 5 added by Stats. 1979, Ch. 1118. )

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    Improvements and related activities under this division are deemed specific actions necessary to prevent or mitigate an emergency.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 5. Improvements [26600 - 26601] ( Chapter 5 added by Stats. 1979, Ch. 1118. ) ## 26601. Improvement caused to be undertaken pursuant to this division, and all activities in furtherance thereof or in connection therewith, shall be deemed to be specific actions necessary to prevent or mitigate an emergency within the meaning of paragraph (4) of subdivision (b) of Section 21080. (Added by Stats. 1979, Ch. 1118.)
  5. 26650.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. )

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    A district may levy and collect assessments under this chapter to pay maintenance and operating costs for improvements acquired or constructed under this division.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. ) ## 26650. A district may levy and collect assessments pursuant to this chapter to pay for the cost and expenses of the maintenance and operation of any improvements acquired or constructed pursuant to this division. (Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
  6. 26651.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. )

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    The board of directors must adopt a resolution to order that maintenance and operating costs for the improvement be assessed against benefited property in the district.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. ) ## 26651. The board of directors shall adopt a resolution declaring its intention to order that the cost and expenses of maintaining and operating an improvement acquired or constructed pursuant to this division shall be assessed against the property within the district benefited thereby. The resolution shall contain both of the following: (a) A report prepared by an officer of the district which sets forth the yearly estimated budget, the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessments. (b) The time, date, and place for the hearing of protests to the proposed assessments. (Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
  7. 26652.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. )

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    The board of directors must mail a notice about the adopted resolution to each real property owner in the district, by first class mail, at least 14 days before the hearing.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. ) ## 26652. The board of directors shall cause a notice of the adoption of the resolution described in Section 26651 to be mailed by first class mail to each owner of real property within the district as shown on the last equalized assessment roll of the county. The notice shall be mailed not less than 14 days prior to the date set for the hearing and shall contain all of the following: (a) A statement that the board of directors has adopted the resolution. (b) The time, date, and place set forth in the resolution for the hearing of protests on the proposed assessments. (c) A statement of the total yearly estimated budget for the maintenance and operation of the improvements. (d) A statement that the report described in Section 26651 is available for inspection at the office of the district. (e) The name and telephone number of a person designated by the board of directors to answer inquiries regarding the proposed assessment. (Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
  8. 26653.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. )

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    The board of directors must hear and consider all protests at the hearing, may change assessments after the hearing, and may later confirm the assessments and order their levy and collection by resolution.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. ) ## 26653. At the hearing, the board of directors shall hear and consider all protests. At the conclusion of the hearing, the board of directors may adopt, revise, change, reduce, or modify any assessment and shall make its determination upon each assessment described in the report. Thereafter, by resolution, the board of directors may confirm the assessments and order the levy and collection thereof. (Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
  9. 26653.5.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. )

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    If assessments are proposed to increase above the highest amount levied in any earlier year, the board of directors must follow the notice, protest, and hearing procedures in Government Code Section 53753.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. ) ## 26653.5. If assessments are proposed to increase from the maximum amount levied in any previous year, the board of directors shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code with respect to that increase. (Added by Stats. 2000, Ch. 262, Sec. 33. Effective January 1, 2001.)
  10. 26654.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. )

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    After the board orders assessment collection, the clerk must record and collect the assessments, unless the board instead makes them payable like general real property taxes. The district board must reimburse the city or county for costs incurred under this section.

    ## Public Resources Code - PRC ## DIVISION 17. GEOLOGIC HAZARD ABATEMENT DISTRICTS [26500 - 26654] ( Division 17 added by Stats. 1979, Ch. 1118. ) ## CHAPTER 6. Maintenance [26650 - 26654] ( Chapter 6 added by Stats. 1983, Ch. 687, Sec. 2. ) ## 26654. Following the order by resolution of the levy and collection of assessments by the board of directors, the clerk shall cause to be recorded a notice of assessment, as provided for in Section 3114 of the Streets and Highways Code, whereupon the assessment shall attach as a lien upon the property, as provided in Section 3115 of the Streets and Highways Code. Thereafter, the clerk shall collect the assessments as directed by the board of directors, or, in lieu of collection by the clerk, the board of directors may provide that the assessments are payable at the same time and in the same manner as general taxes on real property are payable. A district board of directors shall reimburse the city or county, as the case may be, for any cost incurred pursuant to this section. (Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
  11. 2690.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    This chapter is called the Seismic Hazards Mapping Act, and it may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 2690. This chapter shall be known and may be cited as the Seismic Hazards Mapping Act. (Added by Stats. 1990, Ch. 1168, Sec. 3. Section operative April 1, 1991, pursuant to Section 2599.6 (later renumbered as 2699.6).)
  12. 2691.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    The Legislature states that seismic hazard zones need to be identified and mapped to help cities and counties prepare their general plans and reduce public safety risks.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 2691. The Legislature finds and declares all of the following: (a) The effects of strong ground shaking, liquefaction, landslides, or other ground failure account for approximately 95 percent of economic losses caused by an earthquake. (b) Areas subject to these processes during an earthquake have not been identified or mapped statewide, despite the fact that scientific techniques are available to do so. (c) It is necessary to identify and map seismic hazard zones in order for cities and counties to adequately prepare the safety element of their general plans and to encourage land use management policies and regulations to reduce and mitigate those hazards to protect public health and safety. (Amended by Stats. 1991, Ch. 550, Sec. 3.)
  13. 2692.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    The section says California will run a seismic hazard mapping and technical advisory program to help cities and counties protect public health and safety, and that maps and related information should be made available to local governments.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 2692. (a) It is the intent of the Legislature to provide for a statewide seismic hazard mapping and technical advisory program to assist cities and counties in fulfilling their responsibilities for protecting the public health and safety from the effects of strong ground shaking, liquefaction, landslides, or other ground failure and other seismic hazards caused by earthquakes. (b) It is further the intent of the Legislature that maps and accompanying information provided pursuant to this chapter be made available to local governments for planning and development purposes. (c) It is further the intent of the Legislature that the California Geological Survey, in implementing this chapter, shall, to the extent possible, coordinate its activities with, and use existing information generated from, the earthquake fault zones mapping program pursuant to Chapter 7.5 (commencing with Section 2621), and the inundation maps prepared pursuant to Section 6161 of the Water Code. (Amended by Stats. 2017, Ch. 26, Sec. 76. (SB 92) Effective June 27, 2017.)
  14. 2692.1.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    The State Geologist may add tsunami and seiche impact information to maps if the information comes from other sources and is suitable for local government use.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 2692.1. The State Geologist may include in maps compiled pursuant to this chapter information on the potential effects of tsunami and seiche when information becomes available from other sources and the State Geologist determines the information is appropriate for use by local government. The State Geologist shall not be required to provide this information unless additional funding is provided both to make the determination and to distribute the tsunami and seiche information. (Added by Stats. 1991, Ch. 550, Sec. 5.)
  15. 2693.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    This section defines several terms used in the seismic hazards mapping chapter, including city/county, geotechnical report, mitigation, project, commission, and board.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 2693. As used in this chapter: (a) “City” and “county” includes the City and County of San Francisco. (b) “Geotechnical report” means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. (c) “Mitigation” means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. (d) “Project” has the same meaning as in Chapter 7.5 (commencing with Section 2621), except as follows: (1) A single-family dwelling otherwise qualifying as a project may be exempted by the city or county having jurisdiction of the project. (2) “Project” does not include alterations or additions to any structure within a seismic hazard zone which do not exceed either 50 percent of the value of the structure or 50 percent of the existing floor area of the structure. (e) “Commission” means the Seismic Safety Commission. (f) “Board” means the State Mining and Geology Board. (Amended by Stats. 1991, Ch. 550, Sec. 6.)
  16. 2694.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    In real estate transfers, the agent or, if there is no agent, the transferor must disclose when the property is in a seismic hazard zone.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 2694. (a) A person who is acting as an agent for a transferor of real property that is located within a seismic hazard zone, as designated under this chapter, or the transferor, if the person is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a seismic hazard zone. (b) Disclosure is required pursuant to this section only when one of the following conditions is met: (1) The transferor, or transferor’s agent, has actual knowledge that the property is within a seismic hazard zone. (2) A map that includes the property has been provided to the city or county pursuant to Section 2696, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county. (c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means: (1) The Local Option Real Estate Transfer Disclosure Statement as provided in Section 1102.6a of the Civil Code. (2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code. (d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a seismic hazard zone, the agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The agent may mark “No” on the Natural Hazard Disclosure Statement if the person attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision. (e) For purposes of the disclosures required by this section, the following persons shall not be deemed agents of the transferor: (1) Persons specified in Section 1103.11 of the Civil Code. (2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code. (f) For purposes of this section, Section 1103.13 of the Civil Code applies. (g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction. (Amended by Stats. 2025, Ch. 236, Sec. 12. (SB 831) Effective January 1, 2026.)
  17. 2695.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    The board must develop seismic-hazard mapping guidance and related policies, consult an advisory committee, and send draft measures to affected cities, counties, and state agencies at least 90 days before adoption.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 2695. (a) The board, in consultation with the survey and the commission, shall develop all of the following: (1) Guidelines for the preparation of maps of seismic hazard zones in the state. (2) Priorities for mapping of seismic hazard zones. In setting priorities, the board shall take into account the following factors: (A) The population affected by the seismic hazard in the event of an earthquake. (B) The probability that the seismic hazard would threaten public health and safety in the event of an earthquake. (C) The willingness of lead agencies and other public agencies to share the cost of mapping within their jurisdiction. (D) The availability of existing information. (3) Policies and criteria regarding the responsibilities of cities, counties, and state agencies pursuant to this chapter. The policies and criteria shall address, but not be limited to, the following: (A) Criteria for approval of a project within a seismic hazard zone, including mitigation measures. (B) The contents of the geotechnical report. (C) Evaluation of the geotechnical report by the lead agency. (4) Guidelines for evaluating seismic hazards and recommending mitigation measures. (5) Any necessary procedures, including, but not limited to, processing of waivers pursuant to Section 2697, to facilitate the implementation of this chapter. (b) (1) In developing the policies and criteria pursuant to subdivision (a), the board shall consult with and consider the recommendations of an advisory committee, appointed by the board in consultation with the commission, composed of the following members: (A) An engineering geologist registered in the state. (B) A seismologist. (C) A civil engineer registered in the state. (D) A structural engineer registered in the state. (E) A representative of city government, selected from a list submitted by the League of California Cities. (F) A representative of county government, selected from a list submitted by the County Supervisors Association of California. (G) A representative of regional government, selected from a list submitted by the Council of Governments. (H) A representative of the insurance industry. (I) The Insurance Commissioner. (2) All of the members of the advisory committee shall have expertise in the field of seismic hazards or seismic safety. (c) At least 90 days prior to adopting measures pursuant to this section, the board shall transmit or cause to be transmitted a draft of those measures to affected cities, counties, and state agencies for review and comment. (Amended by Stats. 2025, Ch. 236, Sec. 13. (SB 831) Effective January 1, 2026.)
  18. 2696.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    The State Geologist must compile seismic hazard zone maps, share them for review, revise them after comments, and counties must post notice when they receive an official map.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 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 after the comment period concludes, 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 by Stats. 2025, Ch. 236, Sec. 14. (SB 831) Effective January 1, 2026. Note: Ch. 65 (pursuant to Sec. 20) supersedes, and precludes operation of, Stats. 1997, 1st Ex. Sess., Ch. 7.)
  19. 2697.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

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    Cities and counties must require a geotechnical report before approving projects in seismic hazard zones, unless the report is waived because no undue hazard exists.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 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).)
  20. 2698.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

    Verify source ↗

    Cities and counties are not prevented from adopting policies and criteria that are stricter than the board’s standards.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 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).)
  21. 2699.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

    Verify source ↗

    Cities and counties must consider available seismic hazard maps when preparing safety elements and when adopting or revising land use planning and permitting ordinances.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 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).)
  22. 2699.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

    Verify source ↗

    This section creates a special state treasury fund, allows its money to be allocated to the division after legislative appropriation, and renames the fund starting July 1, 2004.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 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.)
  23. 2699.6.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. )

    Verify source ↗

    This chapter becomes operative on April 1, 1991.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 7.8. Seismic Hazards Mapping [2690 - 2699.6] ( Chapter 7.8 added by Stats. 1990, Ch. 1168, Sec. 3. ) ## 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.)
  24. 2700.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    California establishes a strong-motion instrumentation program.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 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.)
  25. 2701.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    The survey must organize and monitor the program, using advice from the Seismic Safety Commission.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 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.)
  26. 2702.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    The survey must buy, install, and maintain instruments statewide, and process data from those instruments when the Seismic Safety Commission deems it necessary and desirable.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 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.)
  27. 2703.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    The survey must maintain and service installed strong-motion instruments, collect and interpret their records, and make the records, interpretations, and technical assistance available to the construction industry.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 2703. The survey shall maintain and service the strong-motion instruments installed, shall collect and interpret all records from the instruments, including records that support earthquake early warning and structural health monitoring, and shall make the records, record interpretations, and technical assistance available to the construction industry. (Amended by Stats. 2025, Ch. 236, Sec. 15. (SB 831) Effective January 1, 2026.)
  28. 2704.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    The Legislature states that this chapter is intended to provide adequate instrumentation throughout California.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 2704. It is the intent of the Legislature in enacting this chapter to provide adequate instrumentation throughout California. (Added by Stats. 1971, Ch. 1152.)
  29. 2705.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    Local governments must collect building permit fees, with rates set by building type, and may retain up to 5% for specified seismic-related uses.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 2705. (a) A city, county, and city and county shall collect a fee from each applicant for a building permit. Each fee shall be equal to a specific amount of the proposed building construction for which the building permit is issued as determined by the local building officials. The fee amount shall be assessed in the following way: (1) Group R occupancies, as defined in the California Building Code (Part 2 of Title 24 of the California Code of Regulations), one to three stories in height, except hotels and motels, shall be assessed at the rate of thirteen dollars ($13) per one hundred thousand dollars ($100,000), with appropriate fractions thereof. (2) All other buildings shall be assessed at the rate of twenty-eight dollars ($28) per one hundred thousand dollars ($100,000), with appropriate fractions thereof. (3) The fee shall be the amount assessed under paragraph (1) or (2), depending on building type, or fifty cents ($0.50), whichever is the higher. (b) (1) In lieu of the requirements of subdivision (a), a city, county, and city and county may elect to include a rate of thirteen dollars ($13) per one hundred thousand dollars ($100,000), with appropriate fractions thereof, in its basic building permit fee for any Group R occupancy defined in paragraph (1) of subdivision (a), and a rate of twenty-eight dollars ($28) per one hundred thousand dollars ($100,000), with appropriate fractions thereof, for all other building types. A city, county, and city and county electing to collect the fee pursuant to this subdivision need not segregate the fees in a fund separate from any fund into which basic building permit fees are deposited. (2) “Building,” for the purpose of this chapter, is any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. (c) (1) A city, county, and city and county may retain up to 5 percent of the total amount it collects under subdivision (a) or (b) for data utilization, for seismic education incorporating data interpretations from data of the strong-motion instrumentation program and the seismic hazards mapping program, and, in accordance with paragraph (2), for improving the preparation for damage assessment after strong seismic motion events. (2) A city, county, and city and county may use any funds retained pursuant to this subdivision to improve the preparation for damage assessment in its jurisdiction only after it provides the Department of Conservation with information indicating to the department that data utilization and seismic education activities have been adequately funded. (d) Funds collected pursuant to subdivisions (a) and (b), less the amount retained pursuant to subdivision (c), shall be deposited in the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund, as created by Section 2699.5 to be used exclusively for purposes of this chapter, Chapter 7.5 (commencing with Section 2621), and Chapter 7.8 (commencing with Section 2690). (Amended by Stats. 2014, Ch. 35, Sec. 129. (SB 861) Effective June 20, 2014.)
  30. 2705.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    The California Geological Survey must advise counties and cities about the share of total fees allocated to the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 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.)
  31. 2707.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    The survey may reduce building-permit fees if, with advice from the Seismic Safety Commission, it determines the instrumentation program is adequate.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 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.)
  32. 2709.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    An exempt city or county may join the state strong-motion instrumentation program if its governing body asks the State Geologist in writing to rescind the exemption.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 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.)
  33. 2709.1.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. )

    Verify source ↗

    Strong-motion instrumentation generally cannot be installed in certain structural types unless matching funds are received or the Seismic Safety Commission specifically calls for it in an urgency situation.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 8. Strong-Motion Instrumentation Program [2700 - 2709.1] ( Chapter 8 added by Stats. 1971, Ch. 1152. ) ## 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.)
  34. 2710.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    This chapter is named the Surface Mining and Reclamation Act of 1975, and it may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  35. 2711.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The Legislature states that mineral extraction and the reclamation of mined lands are important, and that reclamation helps protect the environment and public health and safety.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  36. 2712.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The Legislature states that California should maintain a surface mining and reclamation policy that limits environmental harm, supports mine reclamation, encourages mineral production and conservation, and protects public health and safety.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  37. 2713.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The Legislature states that this chapter is not intended to take private property for public use without just compensation.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  38. 2714.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    This section lists activities that are exempt from the chapter, including farming excavations, certain construction-related earthmoving, some mineral-processing plant sites, small-scale mineral prospecting or extraction, and several emergency or agency-specific operations.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 2714. This chapter does not apply to any of the following activities: (a) Excavations or grading of lands conducted for farming. (b) Onsite excavation and onsite earthmoving activities that are integral and necessary for the construction of structures and that are undertaken to prepare a site for the construction of those structures, including landscaping or other land improvements associated with those structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions: (1) All required permits for the construction and any associated landscaping or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (2) The lead agency’s approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (3) The approved construction project is consistent with the general plan or zoning of the site. (4) Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued. (c) Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions: (1) The plant site is located on lands designated for industrial or commercial uses in the applicable county or city general plan. (2) The plant site is located on lands zoned as industrial or commercial or are contained within a zoning category intended exclusively for industrial activities by the applicable city or county. (3) None of the minerals being processed are being extracted onsite. (4) All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976. (d) Prospecting for or the extraction of minerals for commercial purposes where the removal of overburden or mineral product totals less than 1,000 cubic yards in any one location and the total surface area disturbed is less than one acre. (e) Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose. (f) Any other surface mining operations that the board determines to be of an infrequent nature and that involve only minor surface disturbances. (g) The solar evaporation of seawater or bay water for the production of salt and related minerals. (h) Emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies. (i) (1) Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Central Valley Flood Protection Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with, the Division of Mine Reclamation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the board adopted pursuant to this chapter. The Department of Water Resources shall provide an annual report to the department by the date specified by the department on these surface mining operations. (2) Nothing in this subdivision shall require the Department of Water Resources or the Central Valley Flood Protection Board to obtain a permit or secure approval of a reclamation plan from any city or county in order to conduct surface mining operations specified in paragraph (1). Nothing in this subdivision shall preclude the bringing of an enforcement action pursuant to Section 2774.1, if it is determined that an operator, acting under contract with the Department of Water Resources or the Central Valley Flood Protection Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Central Valley Flood Protection Board, is otherwise not in compliance with this chapter. (j) Emergency excavations or grading conducted by the Metropolitan Water District of Southern California for its own operations and infrastructure for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies. (k) (1) Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes. (2) This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the Department of Forestry and Fire Protection. (l) Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to and necessary for ongoing operations for the extraction of oil or gas that comply with all of the following conditions: (1) The operations are being conducted in accordance with Division 3 (commencing with Section 3000). (2) The operations are consistent with any general plan or zoning applicable to the site. (3) The earthmoving activities are within oil or gas field properties under a common owner or operator. (4) No excavated materials are sold for commercial purposes. (m) (1) The immediate excavation or grading of lands affected by a natural disaster for the purpose of restoring those lands to their prior condition. (2) The immediate removal of material deposited by a flood onto lands being farmed for the purpose of restoring those lands to their prior condition. (Amended by Stats. 2021, Ch. 166, Sec. 1. (AB 442) Effective January 1, 2022.)
  39. 2715.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

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    This section says the chapter does not limit certain local, state, and individual powers and rights.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  40. 2715.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

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    This section treats certain Cache Creek plans as a reclamation-plan equivalent, sets reporting and fee rules, preserves enforcement authority, and requires financial assurances before excavation.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 2715.5. (a) The Cache Creek Resource Management Plan, in conjunction with a site specific plan deemed consistent by the lead agency with the Cache Creek Resource Management Plan, shall be considered to be a functional equivalent of a reclamation plan for the purposes of this chapter. No other reclamation plan shall be required to be reviewed and approved for any excavation project subject to the Cache Creek Resource Management Plan that is conducted in conformance with an approved site specific plan that is consistent with the Cache Creek Resource Management Plan and the standards specified in that plan governing erosion control, channel stabilization, habitat restoration, flood control, or infrastructure maintenance, if that plan is reviewed and approved by a lead agency pursuant to this chapter. (b) For the purposes of this section, the board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall prepare and file an annual report required to be prepared pursuant to Section 2207, indicating the quantity of minerals produced. The board of supervisors of the county in which the Cache Creek Resource Management Plan is to be implemented shall be exempt from the payment of annual reporting fees imposed pursuant to paragraph (1) of subdivision (d) of Section 2207. An operator, acting under the authority of the Cache Creek Resource Management Plan, shall include in the operator’s annual report required pursuant to Section 2207 the quantity of materials produced and shall be responsible for payment of annual fees associated with the quantity of minerals produced. (c) Nothing in this section precludes an enforcement action by the board or the Division of Mine Reclamation brought pursuant to this chapter or Section 2207 if the lead agency or the supervisor determines that an operator, acting under the authority of the Cache Creek Resource Management Plan, is not in compliance with the requirements of this chapter or Section 2207. (d) For purposes of this section, “site specific plan” means an individual project plan approved by the lead agency that is consistent with the Cache Creek Resource Management Plan. Site specific plans prepared in conformance with the Cache Creek Resource Management Plan shall include, at a minimum, the information required pursuant to subdivision (c) of Section 2772, shall comply with the requirements of Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and shall be provided along with a financial assurance cost estimate to the Division of Mine Reclamation for review and comment pursuant to Section 2772.1 or 2773.4, as applicable. Notwithstanding the number of days authorized by subdivision (b) of Section 2772.1 or subdivision (c) of Section 2773.4, the Division of Mine Reclamation shall review the site specific plan and the financial assurance cost estimate and prepare any written comments within 15 days from the date of receipt of the plan and the estimate. (e) Prior to engaging in an excavation activity in conformance with the Cache Creek Resource Management Plan, a surface mining operation shall be required to obtain financial assurances that meet the requirements of Section 2773.1. Release of financial assurances shall comply with Section 2773.1 and the provisions of Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations. (Amended by Stats. 2017, Ch. 521, Sec. 29. (SB 809) Effective January 1, 2018.)
  41. 2715.6.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

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    The Metropolitan Water District gets special rules for surface mining reclamation, reporting, inspections, and fees in specified counties.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 2715.6. (a) For purposes of this section, the following definitions apply: (1) “Metropolitan Water District” means the Metropolitan Water District of Southern California. (2) “Metropolitan Reclamation Plan” means a master reclamation plan that may be approved pursuant to this section for all surface mining operations conducted by the Metropolitan Water District within the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura. The master reclamation plan shall identify each individual surface mining operation and satisfy all reclamation plan requirements for each individual surface mining site. (b) Unless otherwise provided in this section, the requirements of this chapter, Section 2207, and Chapter 8 (commencing with Section 3500) of Division 2 of Title 14 of the California Code of Regulations shall apply to surface mining operations conducted by the Metropolitan Water District within the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura. (c) The board shall act as the lead agency pursuant to this chapter and Section 2207 for surface mining operations conducted by the Metropolitan Water District. (d) In addition to any other requirements in statute or regulation, the Metropolitan Reclamation Plan shall include both of the following: (1) A map that identifies the location of each individual surface mining operation conducted on lands Metropolitan Water District owns or leases, or upon which easements or rights-of-way have been granted to the Metropolitan Water District. (2) Maintenance measures that become effective when any individual surface mining operation is idle or the site has no mineral production. Maintenance measures shall maintain the site in compliance with this chapter while the surface mining operation is idle or the site has no mineral production. (e) The Metropolitan Reclamation Plan is exempt from the requirements of subdivision (h) of Section 2770, except that financial assurances required by Section 2773.1 shall remain in effect during any idle period. (f) Notwithstanding subdivision (b) of Section 2774, the board may conduct an inspection of an individual surface mining operation once every two calendar years during a period when that individual surface mining operation is idle or the site has no mineral production. (g) (1) In the annual report required pursuant to Section 2207, the Metropolitan Water District shall provide a separate subreport for each individual surface mining operation that provides the information and documentation required in that section. (2) The Metropolitan Water District shall pay an annual reporting fee pursuant to subdivision (d) of Section 2207. (3) The board, in its role as the lead agency, may collect reasonable inspection costs pursuant to subdivision (f) of this section, and paragraph (1) of subdivision (b) of Section 2774 and, excluding Section 3696.5 of Title 14 of the California Code of Regulations, may impose an administration fee pursuant to subdivision (e) of Section 2207 in an amount not to exceed the board’s reasonable costs in carrying out this chapter. (h) Notwithstanding any other law, the Metropolitan Water District shall not be required to secure approval of a reclamation plan from any city or county or obtain a use permit from any city or county under this chapter to conduct the operations under the approved Metropolitan Reclamation Plan. (i) The Metropolitan Water District shall not sell or allow any materials produced by its surface mining operations from lands it owns, leases, or upon which easements or rights-of-way have been granted to be sold or used for the benefit of any other person. (j) For purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Metropolitan Water District shall be the lead agency for any environmental review of the Metropolitan Reclamation Plan. (k) This section shall remain in effect only until January 1, 2041, and as of that date is repealed. (Amended by Stats. 2025, Ch. 270, Sec. 1. (AB 580) Effective January 1, 2026. Repealed as of January 1, 2041, by its own provisions.)
  42. 2716.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

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    Any interested person may bring an action for a writ of mandate against specified public officials or agencies to force them to carry out duties required by this chapter.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  43. 2717.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

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    The board must submit an annual report to the Legislature by December 1, and the Division of Mine Reclamation must at least quarterly publish or otherwise make available a list of certain surface mining operations that meet specified conditions.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  44. 2718.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

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    If part of this chapter is invalid, the rest of the chapter still applies when it can work without the invalid part.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  45. 2719.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. )

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    State and local political subdivisions are not exempt from fees imposed on mining operations under Section 2207(d).

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 1. General Provisions [2710 - 2719] ( Article 1 added by Stats. 1975, Ch. 1131. ) ## 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.)
  46. 2725.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

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    The definitions in this article control how this chapter is read, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  47. 2726.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

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    This section defines “area of regional significance.”

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  48. 2727.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

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    This section defines “Area of statewide significance” as a board-designated mineral area meeting specified importance and conservation criteria.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  49. 2727.1.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

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    “Idle” means a surface mining operation has cut production by more than 90% for at least one year, with intent to resume later, and no interim management plan has been approved.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  50. 2728.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

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    This section defines “lead agency” as the city, county, San Francisco Bay Conservation and Development Commission, or the board responsible for approving a reclamation plan under this chapter.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  51. 2729.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

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    This section defines “mined lands” for the Act.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  52. 2730.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

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    “Mining waste” means certain residual materials or property directly resulting from, or displaced by, surface mining operations.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  53. 2731.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    “Operator” means a person engaged in surface mining operations, including someone who hires others to do the operations on their behalf, but not an employee whose only pay is wages.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  54. 2732.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    This section defines “overburden” as soil, rock, or other material above or between mineral deposits, before or after surface mining removal.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  55. 2732.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    “Permit” means authorization or approval from a lead agency that is necessary for surface mining operations to go forward.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  56. 2733.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    This section defines “reclamation” for surface mining as land treatment that reduces harmful effects and returns mined land to a usable condition.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  57. 2734.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    “State policy” is defined as the regulations adopted by the board under Section 2755.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  58. 2735.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    This section defines “surface mining operations” and lists activities that count as surface mining operations.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  59. 2736.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    “Financial assurances” means a current approved financial assurance cost estimate and a financial assurance mechanism at least equal to that estimate.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 2. Definitions [2725 - 2736] ( Article 2 added by Stats. 1975, Ch. 1131. ) ## 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.)
  60. 2740.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 3. District Committees [2740 - 2741] ( Article 3 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The board may create districts and appoint district technical advisory committees, and it must consider specified physical characteristics when doing so.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 3. District Committees [2740 - 2741] ( Article 3 added by Stats. 1975, Ch. 1131. ) ## 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.)
  61. 2741.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 3. District Committees [2740 - 2741] ( Article 3 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    Committee members receive no compensation, but they are entitled to reimbursement of actual and necessary expenses incurred while performing their duties.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 3. District Committees [2740 - 2741] ( Article 3 added by Stats. 1975, Ch. 1131. ) ## 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.)
  62. 2755.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The board must adopt regulations establishing state policy for reclaimed mined lands.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  63. 2756.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    State policy applies to surface mining operations and includes measures lead agencies use when setting reclamation and environmental requirements.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  64. 2757.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The board must base the state policy on a study of mined-land conditions, and lead agencies must use that policy as standards when preparing plans and zoning ordinances.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  65. 2758.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The reclamation policy must include objectives and criteria on lead agency selection, evaluation of reclamation plans, and when approval of a surface mining operation may proceed without a reclamation guarantee.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  66. 2759.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The state policy must be continuously reviewed and may be revised.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  67. 2760.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The board may not adopt or revise the state policy unless it first holds a public hearing, and it must give notice of the hearing by publication at least 30 days before the hearing.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  68. 2761.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The Office of Planning and Research must identify certain urbanized or development-affected areas, and the State Geologist must classify identified areas and transmit the information to the board.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  69. 2762.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    A lead agency must create mineral resource management policies within 12 months in specified situations, submit them to the board for review, and follow public notice and review steps before permitting certain mineral-threatening uses.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 2762. (a) Within 12 months of receiving the mineral information described in Section 2761, and also within 12 months of the designation of an area of statewide or regional significance within its jurisdiction, a lead agency shall, in accordance with state policy, establish mineral resource management policies to be incorporated in its general plan that will: (1) Recognize mineral information classified by the State Geologist and transmitted by the board. (2) Assist in the management of land use that affects access to areas of statewide and regional significance. (3) Emphasize the conservation and development of identified mineral deposits. (b) A lead agency shall submit proposed mineral resource management policies to the board for review and comment prior to adoption. (c) A subsequent amendment of the mineral resource management policy previously reviewed by the board shall also require review and comment by the board. (d) (1) If an area is classified by the State Geologist as an area described in paragraph (2) of subdivision (b) of Section 2761 and the lead agency either has designated that area in its general plan as having important minerals to be protected pursuant to subdivision (a), or otherwise has not yet acted pursuant to subdivision (a), then prior to permitting a use that would threaten the potential to extract minerals in that area, the lead agency shall prepare, in conjunction with preparing, if required, an environmental document required by Division 13 (commencing with Section 21000), a statement specifying its reasons for permitting the proposed use, and shall forward a copy to the State Geologist and the board for review. (2) If the proposed use is subject to the requirements of Division 13 (commencing with Section 21000), the lead agency shall comply with the public review requirements of that division. Otherwise, the lead agency shall provide public notice of the availability of its statement by all of the following: (A) Publishing the notice at least one time in a newspaper of general circulation in the area affected by the proposed use. (B) Directly mailing the notice to owners of property within one-half mile of the parcel or parcels on which the proposed use is located as those owners are shown on the latest equalized assessment roll. (3) The public review period shall not be less than 60 days from the date of the notice and shall include at least one public hearing. The lead agency shall evaluate comments received and shall prepare a written response. The written response shall describe the disposition of the major issues raised. In particular, if the lead agency’s position on the proposed use is at variance with recommendations and objections raised in the comments, the written response shall address in detail why specific comments and suggestions were not accepted. (e) Prior to permitting a use that would threaten the potential to extract minerals in an area classified by the State Geologist as an area described in paragraph (3) of subdivision (b) of Section 2761, the lead agency may cause to be prepared an evaluation of the area in order to ascertain the significance of the mineral deposit located in the area. The results of the evaluation shall be transmitted to the State Geologist and the board. (Amended by Stats. 2012, Ch. 162, Sec. 142. (SB 1171) Effective January 1, 2013.)
  70. 2763.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    The lead agency must prepare a written statement before allowing a use that could threaten mineral extraction in designated regional or statewide significance areas, and it must follow mineral resource policies when making land use decisions there.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  71. 2764.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. )

    Verify source ↗

    On request and payment of estimated processing costs, the lead agency must adjust planning documents for a surface mining operation and related access routes, make written compatibility findings, and transmit mineral deposit evaluations to the State Geologist and the board.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 4. State Policy for the Reclamation of Mined Lands [2755 - 2764] ( Article 4 added by Stats. 1975, Ch. 1131. ) ## 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.)
  72. 2770.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    This section generally requires surface mining to have a permit, an approved reclamation plan, and approved financial assurances before operations can continue.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2770. (a) Except as provided in this section, a person shall not conduct surface mining operations unless a permit is obtained from, a reclamation plan has been submitted to and approved by, and financial assurances for reclamation have been approved by the lead agency for the operation pursuant to this article. (b) A person with an existing surface mining operation who has vested rights pursuant to Section 2776 and who does not have an approved reclamation plan shall submit a reclamation plan to the lead agency not later than March 31, 1988. If a reclamation plan application is not on file by March 31, 1988, the continuation of the surface mining operation is prohibited until a reclamation plan is submitted to the lead agency. For the purposes of this subdivision, a reclamation plan existing prior to January 1, 2017, may consist of all or the appropriate sections of any plans or written agreements previously approved by the lead agency or another agency, together with any additional documents needed to substantially meet the requirements of Sections 2772 and 2773 and the lead agency surface mining ordinance adopted pursuant to subdivision (a) of Section 2774, provided that all documents, which together were proposed to serve as the reclamation plan, are submitted for approval to the lead agency in accordance with this chapter. (c) [Reserved] (d) [Reserved] (e) (1) A person who can substantiate, based on the evidence of the record, that a lead agency has either (A) failed to act according to due process or has relied on considerations not related to the specific applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4 and the lead agency surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 in reaching a decision to deny approval of a reclamation plan or financial assurances for reclamation, or (B) failed to act within a reasonable time of receipt of a completed application may appeal that action or inaction to the board. (2) The supervisor may appeal a lead agency’s approval of a financial assurance cost estimate to the board if the supervisor has commented pursuant to Section 2773.4 that the financial assurance cost estimate is inadequate based on consideration of the following: (A) Section 2773.1. (B) Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations. (C) The board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. (3) If the approved financial assurance cost estimate applies to a reclamation plan approved for a new surface mining operation, an expanded surface mining operation, or an interim financial assurance cost estimate due to an order to comply, stipulated or otherwise, the operator shall provide a financial assurance mechanism pursuant to subdivision (e) of Section 2773.4 in the amount of the approved financial assurance cost estimate, notwithstanding an appeal filed pursuant to this subdivision and subject to modification pending the outcome of the appeal. (4) If the approved financial assurance cost estimate is an update to an existing approved financial assurance cost estimate, the existing financial assurance mechanism shall remain in place and shall not be adjusted until a final determination by the board on the appeal filed pursuant to this subdivision. (f) (1) The board may decline to hear an appeal if it determines that the appeal raises no substantial issues related to the lead agency’s decision to deny the approval of a reclamation plan or financial assurance, or the timeliness in reviewing a completed application. Appeals filed by the supervisor shall be heard by the board. (2) If the board takes up an appeal, the appeal shall be scheduled and heard at a public hearing within 45 days of the board’s receipt of a complete administrative record, or a longer period as may be mutually agreed to by the board, the appellant, and the operator, or, if the appeal is filed by the supervisor, by the board, the supervisor, and the operator. (g) (1) (A) When hearing an appeal filed pursuant to paragraph (1) or (2) of subdivision (e), the board shall determine whether the reclamation plan or the financial assurance cost estimate substantially meets the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agency’s surface mining ordinance adopted pursuant to subdivision (a) of Section 2774. The board shall approve or uphold a reclamation plan or financial assurance cost estimate determined to meet those applicable requirements. In any event, financial assurances for reclamation shall be sufficient to perform reclamation of lands remaining disturbed. (B) For purposes of this subdivision, “substantially” means actual compliance in respect to the substance and form requirements essential to the objectives of this chapter. (2) (A) A reclamation plan determined not to meet the applicable requirements of Sections 2772, 2772.1, 2773, 2773.1, 2773.3, and 2773.4; Article 1 (commencing with Section 3500), Article 9 (commencing with Section 3700), and Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations; and the lead agency’s surface mining ordinance adopted pursuant to subdivision (a) of Section 2774 shall be returned to the operator with a notice of deficiencies. The operator shall be granted, once only, a period of 30 days or a longer period mutually agreed upon by the operator and the board to do both of the following: (i) Correct the noted deficiencies. (ii) Submit the revised reclamation plan to the lead agency for review and approval. (B) Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the board’s determination. The notice shall include instructions to the operator to submit to the lead agency for approval a revised reclamation plan consistent with the board’s determination. (3) (A) If the board determines the lead agency’s approved financial assurance cost estimate does not meet the requirements of Sections 2773.1 and 2773.4, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1, the board shall note the deficiencies and, based on the record, include adequate cost estimates for each noted deficiency. (B) Within 10 days of the hearing, the board shall provide notice via certified mail to the lead agency, the operator, and the Division of Mine Reclamation of the board’s determination with instructions to the operator to submit to the lead agency for approval a revised financial assurance cost estimate consistent with the board’s determination. The instructions shall include a reasonable submission deadline of not less than 30 days. (C) The lead agency shall approve the revised financial assurance cost estimate. That approval shall supersede and void the prior approved financial assurance cost estimate. (D) A financial assurance mechanism shall be established by the operator pursuant to subdivision (e) of Section 2773.4 following the approval of the financial assurance cost estimate. (E) The failure of the operator to submit to the lead agency a revised financial assurance cost estimate consistent with the board’s determination and deadline may be grounds for the issuance of an order to comply pursuant to subdivision (a) of Section 2774.1. (h) (1) Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1, the operator shall submit an interim management plan to the lead agency for review. The review and approval of an interim management plan shall not be considered a project for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). The approved interim management plan shall be considered an amendment to the surface mining operation’s approved reclamation plan for purposes of this chapter. The interim management plan shall only provide for necessary measures the operator will implement during its idle status to maintain the site in compliance with this chapter, including, but not limited to, all permit conditions. (2) The interim management plan may remain in effect for a period not to exceed five years, at which time the lead agency shall do one of the following: (A) Renew the interim management plan for an additional period not to exceed five years, which may be renewed for one additional five-year renewal period at the expiration of the first five-year renewal period, if the lead agency finds that the surface mining operator has complied fully with the interim management plan. (B) Require the operator to commence reclamation in accordance with its approved reclamation plan. (3) The financial assurances required by Section 2773.1 shall remain in effect during the period that the surface mining operation is idle. If the surface mining operation is still idle after the expiration of its interim management plan, the operator shall commence reclamation in accordance with its approved reclamation plan. (4) (A) Within 45 days of the receipt of the interim management plan, the lead agency shall review the interim management plan in accordance with its ordinance adopted pursuant to subdivision (a) of Section 2774, and if the interim management plan satisfies the requirements of this section, forward the plan to the supervisor for comment. Otherwise, the lead agency shall notify the operator in writing of any deficiencies in the interim management plan. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the lead agency, to submit a revised interim management plan. (B) The lead agency shall submit the interim management plan, including a revised interim management plan, to the supervisor for review and certify to the supervisor that the interim management plan is a complete submission and complies with all of the following requirements: (i) The applicable requirements of this chapter. (ii) Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. (iii) The lead agency’s surface mining ordinance in effect at the time that the interim management plan is submitted to the supervisor for review, except if the board is the lead agency. (C) After receipt of the certified complete interim management plan, the supervisor shall have 30 days to prepare written comments on the interim management plan, if he or she elects to do so. (D) The lead agency shall review and evaluate written comments received from the supervisor relating to the interim management plan within a reasonable amount of time. (E) The lead agency shall prepare a written response to the supervisor’s comments received pursuant to subparagraph (C) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor and the operator at least 30 days prior to the intended approval of the interim management plan. The lead agency’s response shall include either of the following: (i) A description of how the lead agency proposes to adopt the supervisor’s comments to the interim management plan. (ii) A detailed description of the reasons why the lead agency proposes not to adopt the supervisor’s comments. (F) Where the supervisor has commented, the lead agency shall give the supervisor at least 30 days’ written notice of the time, place, and date of the hearing at which the interim management plan is scheduled to be approved by the lead agency, or, if no hearing is required by this chapter, the local ordinance, or other law, the lead agency shall provide 30 days’ written notice to the supervisor that the lead agency intends to approve the interim management plan. (G) Within 30 days following the approval of the interim management plan, the lead agency shall provide the supervisor notice of the approval and a copy of the approved interim management plan. (5) The lead agency shall approve or deny approval of the interim management plan within 60 days of receipt of the supervisor’s comments or within 90 days of submitting the interim management plan to the supervisor if no comments are received from the supervisor. If the lead agency denies approval of the interim management plan, the operator may appeal that action to the lead agency’s governing body, which shall schedule a public hearing within 45 days of the filing of the appeal or a longer period mutually agreed upon by the operator and the governing body. (6) Unless review of an interim management plan is pending before the lead agency or an appeal is pending before the lead agency’s governing body, a surface mining operation that remains idle for over one year after becoming idle, as defined in Section 2727.1, without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan. (i) An enforcement action that may be brought against a surface mining operation for operating without an approved reclamation plan, financial assurance, or interim management plan shall be held in abeyance pending review pursuant to subdivision (b) or (h), or the resolution of an appeal filed with the board pursuant to subdivision (e), or with a lead agency governing body pursuant to subdivision (h). (Amended by Stats. 2018, Ch. 349, Sec. 2. (AB 3257) Effective January 1, 2019.)
  73. 2770.1.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    For certain borrow pit surface mining operations owned or run by a lead agency for its own use, the lead agency must add idle-period maintenance measures to its reclamation plan, may seek an interim management plan, and may inspect the operation once every two calendar years while it is idle.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 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.)
  74. 2770.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    For certain surface mining permit applications near a state highway bridge and in a 100-year flood plain, the lead agency must notify the Department of Transportation, the Department has up to 45 days to comment, and the permit cannot be issued or renewed until comments are submitted or the 45 days run out.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 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.)
  75. 2770.6.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    For certain surface mining and reclamation matters in the San Gabriel Basin Water Quality Authority area, the lead agency must notify specified water authorities, and agencies must review and comment within 60 days.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 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.)
  76. 2771.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    If a surface mining operation is within two or more agencies’ jurisdiction and meets the stated conditions, the lead agency must evaluate it under Section 2774 procedures. If there is a dispute over the lead agency, affected agencies or the operator may ask the board to decide.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 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.)
  77. 2772.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Certain mined-lands operators must file a reclamation plan with the lead agency on the agency’s form.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2772. (a) The reclamation plan shall be filed with the lead agency, on a form provided by the lead agency, by any person who owns, leases, or otherwise controls or operates on all or any portion of any mined lands and who plans to conduct surface mining operations on the lands. (b) The reclamation plan shall include a chart identifying the page number, chapter, appendix, or other specific location in the reclamation plan where content meeting the requirements, as applicable, of Sections 2772, 2773, and 2773.3 and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, is located. (c) The reclamation plan shall include all of the following information and documents: (1) The name and address of the operator and the names and addresses of any persons designated by the operator as an agent for the service of process. (2) The anticipated quantity and type of minerals for which the surface mining operation is to be conducted. (3) The proposed dates for the initiation and termination of the surface mining operation. (4) The maximum anticipated depth of the surface mining operation. (5) A reclamation plan map or maps that shall include all of the following: (A) Size and legal description of the lands that will be affected by the surface mining operation and the names and addresses of the owners of all surface interests and mineral interests in the lands. (B) Clearly defined and accurately drawn property lines, setbacks, and the reclamation plan boundary. (C) Existing topography and final topography depicted with contour lines drawn at appropriate intervals for the site’s conditions. (D) Detailed geologic description of the area of the surface mining operation. (E) Location of railroads, utility facilities, access roads, temporary roads to be reclaimed, and any roads remaining for the approved end use. (F) All maps, diagrams, or calculations that require preparation in accordance with the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code), the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code), or the Professional Land Surveyors’ Act (Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code) shall be prepared by a California-licensed professional, shall include his or her license number and name, and shall bear the signature and seal of the licensee. (6) A description of and a plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the surface mining operation. (7) A description of the proposed use or potential uses of the mined lands after reclamation and evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses. (8) A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, including both of the following: (A) A description of the manner in which known contaminants will be controlled and mining waste will be disposed. (B) A description of the manner in which affected streambed channels and streambanks will be rehabilitated to a condition that minimizes erosion and sedimentation. (9) An assessment of the effect of implementation of the reclamation plan on future mining in the area. (10) A statement that the person submitting the reclamation plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. (11) Any other information that the lead agency may require by ordinance. (d) An item of information or a document required pursuant to subdivision (c) that has already been prepared as part of a permit application for the surface mining operation or as part of an environmental document prepared for the project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) may be included in the reclamation plan by reference, if that item of information or that document is attached to the reclamation plan when the lead agency submits the reclamation plan to the supervisor for review. To the extent the information, document, or component of a document referenced in the reclamation plan is used to meet the requirements of subdivision (c) or Section 2773 or 2773.3, the information, document, or component of a document shall become part of the reclamation plan and shall be subject to all other requirements of this article. (e) Nothing in this section is intended to limit or expand the Division of Mine Reclamation’s authority or responsibility to review a document in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (Amended by Stats. 2017, Ch. 521, Sec. 35. (SB 809) Effective January 1, 2018.)
  78. 2772.1.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    The lead agency must send reclamation plans and amendments to the supervisor for review and follow specific notice, comment, and copy-delivery deadlines before and after approval.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2772.1. (a) (1) Prior to approving a surface mining operation’s reclamation plan or plan amendment, the lead agency shall submit the reclamation plan or plan amendment to the supervisor for review. The reclamation plan or plan amendment shall be submitted to the supervisor as early as practicable in order to facilitate the lead agency’s review of the reclamation plan pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)). All documentation for the submission shall be submitted to the supervisor at one time. (2) An item of information, document, or component of a document that has been prepared as part of a permit application for the surface mining operation or as part of an environmental document prepared for the project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) shall be incorporated into the reclamation plan or plan amendment if it is used to satisfy the requirements of subdivision (c) of Section 2772, Sections 2773 and 2773.3, and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. If an item of information, document, or component of a document is incorporated, reference to the item shall be added to the chart required pursuant to subdivision (b) of Section 2772 and shall be properly indexed with the corresponding appendix reference and page numbers, if applicable. The item shall be included in an appendix to and shall become part of the reclamation plan or plan amendment. (3) The lead agency shall certify to the supervisor that the reclamation plan or plan amendment is a complete submission and is in compliance with all of the following: (A) The applicable requirements of this chapter. (B) Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. (C) The lead agency’s surface mining ordinance in effect at the time that the reclamation plan or plan amendment is submitted to the supervisor for review, except if the board is the lead agency. (b) (1) The supervisor shall have 30 days from the receipt of a reclamation plan or plan amendment to notify the lead agency and operator if the submission is incomplete. An incomplete submission is one that does not meet the content requirements of Sections 2772, 2773, and 2773.3 and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. The supervisor’s notice shall specifically identify all aspects of the submission that are incomplete. (2) The supervisor shall have 30 days after the date the supervisor is required to notify the lead agency if the submission is incomplete to prepare written comments on the reclamation plan or plan amendment if the supervisor chooses. (3) If the supervisor has issued a notice of incomplete submission pursuant to paragraph (1), the supervisor’s time to prepare written comments on the reclamation plan or plan amendment shall not commence until the supervisor receives each item identified in the notice. The supervisor’s time shall include any remaining time pursuant to paragraph (1) and the time allowed pursuant to paragraph (2). (4) The lead agency shall review and evaluate written comments received from the supervisor relating to the reclamation plan or plan amendment within a reasonable amount of time. (5) (A) The lead agency shall prepare a written response to the supervisor’s comments received pursuant to paragraph (2) describing the disposition of the major issues raised by the comments. The lead agency shall submit its response to the supervisor at least 30 days prior to the intended approval of the reclamation plan or plan amendment. The lead agency’s response shall include either of the following: (i) A description of how the lead agency proposes to adopt the supervisor’s comments to the reclamation plan or plan amendment. (ii) A detailed description of the reasons why the lead agency proposes not to adopt the supervisor’s comments. (B) Copies of any written comments received and responses prepared by the lead agency pursuant to subparagraph (A) shall be forwarded to the operator. (6) (A) The lead agency shall give the supervisor at least 30 days’ notice of the time, place, and date of the hearing at which the reclamation plan or plan amendment is scheduled to be approved by the lead agency. (B) If no hearing is required by this chapter, the local ordinance, or other state law, the lead agency shall provide 30 days’ notice to the supervisor that the lead agency intends to approve the reclamation plan or plan amendment. (7) (A) Within 30 days following the approval of the reclamation plan or plan amendment, the lead agency shall provide the supervisor notice of the approval. During that period, the Division of Mine Reclamation retains all powers, duties, and authorities of this chapter. The lead agency shall provide, as soon as practicable but no later than 60 days after approval of the reclamation plan or plan amendment, certified copies of all maps, diagrams, or calculations, signed and sealed. (B) No later than 60 days after the approval of the reclamation plan or plan amendment, the lead agency shall provide to the supervisor an official copy of the approved reclamation plan or plan amendment. The official copy shall incorporate all approved modifications to the reclamation plan or plan amendment and shall include an index showing any permit conditions of approval or binding mitigation measures adopted or certified pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) that are necessary to meet the requirements of subdivision (c) of Section 2772, Sections 2773 and 2773.3, and Article 1 (commencing with Section 3500) and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, as applicable. Those conditions of approval and mitigation measures shall be included in an appendix to the reclamation plan or plan amendment and shall be considered part of the reclamation compliance requirements and subject to the annual inspection requirements. (c) To the extent there is a conflict between the comments of a trustee agency or a responsible agency that are based on that agency’s statutory or regulatory authority and the comments of other commenting agencies that are received by the lead agency pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) regarding a reclamation plan or plan amendments, the lead agency shall consider only the comments of the trustee agency or responsible agency. (d) Nothing in this section is intended to limit or expand the Division of Mine Reclamation’s authority or responsibility to review a document in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (Amended by Stats. 2017, Ch. 521, Sec. 36. (SB 809) Effective January 1, 2018.)
  79. 2772.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Certain reclamation plans for mined lands in the San Gabriel Basin Water Quality Authority area must include monitoring program descriptions.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 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.)
  80. 2772.6.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Certain surface mining operations in the San Gabriel Basin Water Quality Authority area must set their annual financial assurance cost estimate high enough to cover completion of reclamation under the approved reclamation plan.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 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.)
  81. 2772.7.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    A lead agency must record a Notice of Reclamation Plan Approval with the county recorder after approving a reclamation plan or amendment, and the notice must include specified information.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2772.7. (a) A lead agency, upon approval of a reclamation plan or an amendment to a reclamation plan, shall record a “Notice of Reclamation Plan Approval” with the county recorder. The notice shall read: “Mining operations conducted on the hereinafter described real property are subject to a reclamation plan approved by the ____ (lead agency), a copy of which is on file with the ____.” (b) In addition to the information required by subdivision (a), the notice shall also include the name of the owner of record of the mine operation, the name of the lead agency, and the acknowledged signature of the lead agency representative. (Amended by Stats. 2009, Ch. 208, Sec. 3. (SB 833) Effective January 1, 2010.)
  82. 2773.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    The board must adopt statewide reclamation standards by January 1, 1992, and those standards apply to each mining operation if consistent with the site’s planned or actual later use.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2773. (a) The reclamation plan shall be applicable to a specific piece of property or properties, shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities, and shall establish site-specific criteria for evaluating compliance with the approved reclamation plan, including topography, revegetation and sediment, and erosion control. (b) By January 1, 1992, the board shall adopt regulations specifying minimum, verifiable statewide reclamation standards. Subjects for which standards shall be set include, but shall not be limited to, the following: (1) Wildlife habitat. (2) Backfilling, regrading, slope stability, and recontouring. (3) Revegetation. (4) Drainage, diversion structures, waterways, and erosion control. (5) Prime and other agricultural land reclamation. (6) Building, structure, and equipment removal. (7) Stream protection. (8) Topsoil salvage, maintenance, and redistribution. (9) Tailing and mine waste management. These standards shall apply to each mining operation, but only to the extent that they are consistent with the planned or actual subsequent use or uses of the mining site. (Amended by Stats. 1990, Ch. 1097, Sec. 11.)
  83. 2773.1.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Lead agencies must require financial assurances from surface mining operations so reclamation can be completed under approved reclamation plans.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2773.1. (a) Lead agencies shall require financial assurances of each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation’s approved reclamation plan, as follows: (1) A financial assurance mechanism may take the form of surety bonds executed by an admitted surety insurer, as defined in subdivision (a) of Section 995.120 of the Code of Civil Procedure, irrevocable letters of credit, trust funds, or other forms of financial assurance mechanisms specified by the board pursuant to subdivision (e) that the lead agency reasonably determines are adequate to perform reclamation in accordance with the surface mining operation’s approved reclamation plan. (2) Financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed. (3) The amount of the financial assurance cost estimate required of a surface mining operation for any one year shall be reviewed and, if necessary, adjusted once each calendar year to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. An operator shall be required to replace an approved financial assurance mechanism to bond for the reclamation of the surface mining operation only if the financial assurance cost estimate identifies a need to increase the amount of the financial assurance mechanism. (4) Financial assurance cost estimates shall be submitted to the lead agency for review on a form developed by the supervisor and approved by the board. The form shall be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (5) Each financial assurance mechanism shall be made payable to the lead agency and the department. A financial assurance mechanism shall not be released without the consent of the lead agency and the department. A financial assurance mechanism that was approved by the lead agency prior to January 1, 1993, and was made payable to the State Geologist shall be considered payable to the department for purposes of this chapter. However, if a surface mining operation has received approval of its financial assurance cost estimate from a public agency other than the lead agency, the lead agency shall deem those financial cost estimates adequate for purposes of this section, or shall credit them toward fulfillment of the financial cost estimate required by this section, if they are made payable to the public agency, the lead agency, and the department and otherwise meet the requirements of this section. In any event, if a lead agency and one or more public agencies exercise jurisdiction over a surface mining operation, the total amount of financial assurances required by the lead agency and the public agencies for any one year shall not exceed that amount that is necessary to perform reclamation of lands remaining disturbed. For purposes of this paragraph, a “public agency” may include a federal agency. (b) (1) If the lead agency, or the board when acting as a lead agency, has evidence that an operator may be financially incapable of completing reclamation in accordance with its approved reclamation plan or that the operator may have abandoned the surface mining operation without completing reclamation, the lead agency or the board, when acting as a lead agency, shall conduct a public hearing to determine whether the operator is financially capable of completing reclamation in accordance with the approved reclamation plan or has abandoned the surface mining operation. The hearing shall be noticed to the operator and the supervisor at least 30 days prior to the hearing. (2) If the lead agency or the board, following the public hearing conducted pursuant to paragraph (1), determines that the operator is financially incapable of performing reclamation in accordance with its approved reclamation plan or has abandoned its surface mining operation without completing reclamation, either the lead agency or the supervisor shall do all of the following: (A) Notify the operator by personal service or certified mail that the lead agency or the supervisor intends to take appropriate action to forfeit the financial assurances and specify the reasons for so doing. (B) Proceed to take appropriate action to require forfeiture of the financial assurance mechanisms. (C) Use the proceeds from the forfeited financial assurance mechanisms to conduct and complete reclamation in accordance with the approved reclamation plan. If the surface mining operation cannot be reclaimed in accordance with its approved reclamation plan, or the financial assurance mechanisms are inadequate to reclaim in accordance with its approved reclamation plan, the lead agency or supervisor may use forfeited financial assurance mechanisms to reclaim or remediate mining disturbances as appropriate for the site conditions as determined by both the lead agency and the supervisor. The financial assurance mechanisms shall not be used for any other purpose. The operator is responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan or a remediation plan developed pursuant to this section as determined appropriate by both the lead agency and the supervisor that are in excess of the proceeds from the forfeited financial assurance mechanisms. (c) Financial assurances shall no longer be required of a surface mining operation, and shall be released, upon the written concurrence of the lead agency and the supervisor, which shall be forwarded to the operator and the institutions providing or holding the financial assurance mechanism, that reclamation has been completed in accordance with the approved reclamation plan. If a surface mining operation is sold or ownership is transferred to another person, the existing financial assurance mechanism shall remain in force and shall not be released by the lead agency and the supervisor until new financial assurance mechanisms are secured from the new owner and have been approved by the lead agency in accordance with Sections 2770, 2773.1, and 2773.4. Within 90 days of the sale or transfer of a surface mining operation, the new operator shall submit an appropriate financial assurance mechanism, which may be the existing mechanism if the existing mechanism is payable in the event of the new operator’s financial incapability or abandonment of the surface mining operation, that is subject to review by the lead agency and the supervisor pursuant to subdivision (e) of Section 2773.4. Within 15 days of the sale or transfer of a surface mining operation, the new operator shall sign a new statement of reclamation responsibility in accordance with paragraph (10) of subdivision (c) of Section 2772. (d) The lead agency shall have primary responsibility to seek forfeiture of the financial assurance mechanisms and to reclaim mine sites pursuant to subdivision (b). However, if the board is not the lead agency pursuant to Section 2774.4, the supervisor may act to seek forfeiture of the financial assurance mechanisms and reclaim the mine sites pursuant to subdivision (b) only if both of the following occur: (1) The financial incapability of the operator or the abandonment of the surface mining operation has come to the attention of the supervisor. (2) The lead agency has been notified in writing by the supervisor of the financial incapability of the operator or the abandonment of the surface mining operation for at least 15 days, the lead agency has not taken appropriate measures to seek forfeiture of the financial assurance mechanisms and reclaim the mine site, and one of the following has occurred: (A) The lead agency has been notified in writing by the supervisor that failure to take appropriate measures to seek forfeiture of the financial assurance mechanisms or to reclaim the mine site shall result in actions being taken against the lead agency under Section 2774.4. (B) The supervisor determines that there is a violation that amounts to an imminent and substantial endangerment to the public health, safety, or to the environment. (C) The lead agency notifies the supervisor in writing that its good faith attempts to seek forfeiture of the financial assurance mechanisms have not been successful. The supervisor shall comply with subdivision (b) in seeking the forfeiture of financial assurance mechanisms and reclaiming mine sites. (e) The board may adopt regulations specifying financial assurance mechanisms other than surety bonds, irrevocable letters of credit, and trust funds, which the board determines are reasonably available and adequate to ensure reclamation pursuant to this chapter, but these mechanisms shall not include financial tests or surety bonds executed by one or more personal sureties. These mechanisms may include reclamation bond pool programs. (f) The board shall adopt or revise guidelines to implement this section as necessary. The guidelines are exempt from the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and are not subject to review by the Office of Administrative Law. (Amended by Stats. 2017, Ch. 521, Sec. 38. (SB 809) Effective January 1, 2018.)
  84. 2773.1.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    This section lets certain surface mining operators use corporate financial tests, but only under specified regulatory conditions and minimum financial thresholds.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2773.1.5. (a) Notwithstanding subdivision (e) of Section 2773.1, a financial assurance mechanism may include corporate financial tests combined with surety bonds, irrevocable letters of credit, or trust funds, as described in this section, that together ensure the completion of reclamation in accordance with the approved reclamation plan. (b) (1) Corporate financial tests shall only be allowed after the board adopts a regulation that establishes a comprehensive analysis and test of a corporation’s financial status that includes, but is not limited to, all of the following: (A) A minimum financial net worth of at least thirty-five million dollars ($35,000,000), adjusted annually to reflect changes in the Consumer Price Index, as calculated by the United States Bureau of Labor Statistics. (B) Income. (C) Liabilities, including other environmental assurances. (D) Assets located within the United States. (2) The regulation also shall include, but need not be limited to, all of the following: (A) Additional measures to provide the lead agency or the supervisor with the recovery of costs associated with the full collection and satisfaction of the financial assurance mechanisms. (B) Requirements for corporate financial tests that include, but are not limited to, all of the following: (i) Provide for no more than 75 percent of the financial assurance cost estimate approved within the last year. (ii) Be annually approved by both the lead agency and the supervisor. (iii) Be able to be disallowed by either the lead agency or the supervisor. (iv) Include an assessment from an independent certified public accountant using generally accepted accounting principles in the United States. (c) Each surface mining operation shall have at least 25 percent of the financial assurance cost estimate in an acceptable financial assurance mechanism other than a corporate financial test if a qualifying corporation operates multiple surface mining operations. (d) Subject to the requirements of this subdivision, an operator of multiple surface mining operations may use a corporate financial test that combines the financial assurance cost estimates of each surface mining operation. (Amended by Stats. 2017, Ch. 521, Sec. 39. (SB 809) Effective January 1, 2018.)
  85. 2773.15.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    A pre-1998 surety bond approved by the lead agency may be used to satisfy this chapter’s requirements if it was tied to an approved reclamation plan and the required financial assurance amount has not changed.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2773.15. Notwithstanding Section 2773.1, a surety bond that was executed by any personal surety that was approved by the lead agency prior to February 13, 1998, to ensure that reclamation is performed in accordance with a reclamation plan approved by a lead agency prior to that date, may be utilized to satisfy the requirements of this chapter, if the amount of the financial assurance required to perform the approved reclamation plan, as amended or updated from time to time, does not change from the amount approved prior to February 13, 1998. (Added by Stats. 1998, Ch. 643, Sec. 2. Effective January 1, 1999.)
  86. 2773.2.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    The mineral owner and surface estate owner must allow access to the mining property to a governmental agency or certain financial-assurance agents, if legally entitled to do so.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2773.2. The mineral owner and owner of the surface estate, if legally entitled to do so, shall allow access to the property on which the mining operation is located to any governmental agency or the agent of any company providing financial assurances in connection with the reclamation plan and expending those financial assurances for reclamation, in order that reclamation may be carried out by the governmental agency or company, in accordance with the reclamation plan. (Added by Stats. 2006, Ch. 869, Sec. 22. Effective January 1, 2007.)
  87. 2773.3.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    A lead agency may not approve certain reclamation plans or financial assurances for metallic-mineral surface mining near Native American sacred sites in areas of special concern unless specified backfilling, grading, and financial assurance requirements are met.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2773.3. (a) In addition to other reclamation plan requirements of this chapter and regulations adopted by the board pursuant to this chapter, a lead agency may not approve a reclamation plan for a surface mining operation for gold, silver, copper, or other metallic minerals or financial assurances for the operation, if the operation is located on, or within one mile of, any Native American sacred site and is located in an area of special concern, unless both of the following criteria are met: (1) The reclamation plan requires that all excavations be backfilled and graded to do both of the following: (A) Achieve the approximate original contours of the mined lands prior to mining. (B) Grade all mined materials that are in excess of the materials that can be placed back into excavated areas, including, but not limited to, all overburden, spoil piles, and heap leach piles, over the project site to achieve the approximate original contours of the mined lands prior to mining. (2) The financial assurance cost estimates are sufficient in amount to provide for the backfilling and grading required by paragraph (1). (b) For purposes of this section, the following terms have the following meanings: (1) “Native American sacred site” means a specific area that is identified by a federally recognized Indian Tribe, Rancheria or Mission Band of Indians, or by the Native American Heritage Commission, as sacred by virtue of its established historical or cultural significance to, or ceremonial use by, a Native American group, including, but not limited to, any area containing a prayer circle, shrine, petroglyph, or spirit break, or a path or area linking the circle, shrine, petroglyph, or spirit break with another circle, shrine, petroglyph, or spirit break. (2) “Area of special concern” means any area in the California desert that is designated as Class C or Class L lands or as an Area of Critical Environmental Concern under the California Desert Conservation Area Plan of 1980, as amended, by the United States Department of the Interior, Bureau of Land Management, pursuant to Section 1781 of Title 43 of the United States Code. (Amended by Stats. 2017, Ch. 521, Sec. 40. (SB 809) Effective January 1, 2018.)
  88. 2773.4.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    This section sets a review-and-comment process for financial assurance cost estimates and mechanisms, with deadlines for the lead agency, supervisor, and operator.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2773.4. (a) (1) Prior to approving the financial assurance cost estimate for a new reclamation plan or adjustments to the financial assurance cost estimate based on an amendment to a reclamation plan, the lead agency shall submit the financial assurance cost estimate to the supervisor for review. (2) The lead agency shall provide the supervisor with a determination that the financial assurance cost estimate submitted pursuant to paragraph (1) is adequate, complete, and consistent with Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. (3) All documentation submitted to the supervisor pursuant to this subdivision shall be submitted at one time. (b) No later than 15 days after receiving a financial assurance cost estimate, the supervisor shall notify the lead agency and the operator if the submission is incomplete. An incomplete submission is one that does not meet the content requirements of Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. The supervisor’s notice shall specifically identify all aspects of the submission that are incomplete. The supervisor’s time to review the financial assurance cost estimate shall commence upon the receipt of a submission that contains the aspects identified in the supervisor’s notice to the lead agency. (c) (1) The supervisor shall have 45 days from the date of receipt of a complete financial assurance cost estimate to prepare written comments if the supervisor chooses. (2) The lead agency shall evaluate written comments received from the supervisor relating to the financial assurance cost estimate within a reasonable amount of time. The lead agency shall prepare a written response to the supervisor’s comments describing the disposition of the major issues raised by the supervisor’s comments. (3) The lead agency shall submit its proposed response to the supervisor at least 30 days prior to approval of the financial assurance cost estimate. The lead agency’s response shall include either of the following: (A) A description of how the lead agency proposes to adopt the supervisor’s comments to the financial assurance cost estimate. (B) A detailed description of the reasons why the lead agency proposes to not adopt the supervisor’s comments. (4) Copies of any written comments received and responses prepared by the lead agency shall be forwarded to the operator. (5) (A) If the lead agency, in its written response to the supervisor’s comments, proposes to not adopt the supervisor’s comments relating to the financial assurance cost estimate, the supervisor, within 15 days of receipt of the lead agency’s written response, may request in writing a consultation with the lead agency to discuss the supervisor’s comments and the lead agency’s response. The request shall include an invitation to the operator to participate in the consultation. The consultation may be conducted in person, electronically, telephonically, or by any means convenient to the parties. (B) If the supervisor requests a consultation pursuant to this subdivision, the lead agency shall not approve the financial assurance cost estimate until after consulting with the supervisor. The consultation shall occur not later than 30 days after the supervisor’s request unless an alternate timeframe is mutually agreed upon by the supervisor, lead agency, and operator. (6) (A) The lead agency shall give the supervisor at least 30 days’ notice of the time, place, and date of the hearing at which the financial assurance cost estimate is scheduled to be approved by the lead agency. If no hearing is required by this chapter, local ordinance, or other state law, then the lead agency shall provide 30 days’ notice to the supervisor that it intends to approve the financial assurance cost estimate. (B) The lead agency shall send to the supervisor its final response to the supervisor’s comments within 30 days following its approval of the financial assurance cost estimate, during which time the Division of Mine Reclamation retains all of its powers, duties, and authority pursuant to this chapter. (d) (1) (A) Within 30 days of an annual inspection being conducted pursuant to Section 2774, an operator shall provide an annual financial assurance cost estimate to the lead agency for review. (B) If the lead agency fails to cause the inspection of the surface mining operation on the date requested by the operator pursuant to Section 2207 or on the date set by the lead agency pursuant to subdivision (c) of Section 2774, the operator shall provide an annual financial assurance cost estimate to the lead agency for review within 30 days of the applicable inspection date, unless the lead agency causes the inspection to occur within that time period, in which case the operator shall provide an annual financial assurance cost estimate to the lead agency within 30 days of the date of the inspection. (2) (A) Within 60 days of receiving an operator’s annual financial assurance cost estimate, the lead agency shall do one of the following: (i) Deny the financial assurance cost estimate pursuant to paragraph (6). (ii) Submit the financial assurance cost estimate to the supervisor for review. (B) The lead agency shall provide the supervisor with a determination that the annual financial assurance cost estimate submitted is adequate, complete, and consistent with Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. (3) All documentation submitted to the supervisor pursuant to this subdivision shall be submitted at one time. (4) Within 15 days of receiving an annual financial assurance cost estimate, the supervisor shall notify the lead agency and the operator if the submission is incomplete. An incomplete submission is one that does not meet the content requirements of Section 2773.1, Article 11 (commencing with Section 3800) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations, and the board’s financial assurance guidelines adopted pursuant to subdivision (f) of Section 2773.1. The supervisor’s notice shall specifically identify all aspects of the submission that are incomplete. The supervisor’s time to review the annual financial assurance cost estimate shall commence upon the receipt of a submission that contains the aspects identified in the supervisor’s notice to the lead agency. (5) (A) Within 45 days of receiving an operator’s complete annual financial assurance cost estimate from the lead agency, the supervisor shall prepare written comments on the operator’s annual financial assurance cost estimate and provide the comments to the lead agency and the operator if the supervisor so chooses. (B) (i) Within 30 days from receiving the supervisor’s written comments pursuant to this subdivision, the lead agency shall evaluate the written comments and provide the supervisor and operator its proposed response to the supervisor. (ii) The lead agency shall submit its proposed response to the supervisor at least 30 days prior to approving the annual financial assurance cost estimate. The lead agency’s response shall include either of the following: (I) A description of how the lead agency proposes to adopt the supervisor’s comments to the annual financial assurance cost estimate. (II) A detailed description of the reasons why the lead agency proposes not to adopt the supervisor’s comments. (iii) Copies of any written comments received and responses prepared by the lead agency pursuant to this subparagraph shall be provided to the operator. (C) (i) If the lead agency, in its written response to the supervisor’s comments, proposes to not adopt the supervisor’s comments concerning the annual financial assurance cost estimate, the supervisor, within 15 days of receipt of the lead agency’s written response, may request in writing a consultation with the lead agency to discuss the supervisor’s comments and the lead agency’s response. The request shall include an invitation to the operator to participate in the consultation. The consultation may be conducted in person, electronically, telephonically, or by any means convenient to the parties. (ii) If the supervisor requests a consultation pursuant to this subparagraph, the lead agency shall not approve the annual financial assurance cost estimate until after consulting with the supervisor. The consultation shall occur not later than 30 days after the supervisor’s request unless an alternate timeframe is mutually agreed upon by the supervisor, lead agency, and operator. (D) (i) Within 60 days of receiving the supervisor’s written comments, or of a consultation pursuant to this subdivision, whichever is later or the due date of the supervisor’s written comments if none are received, the lead agency shall approve or deny an operator’s annual financial assurance cost estimate. (ii) The lead agency shall give the supervisor at least 30 days’ notice of the time, place, and date of the hearing at which the annual financial assurance cost estimate is scheduled to be approved by the lead agency. (iii) If no hearing is required by this chapter, local ordinance, or other state law, the lead agency shall provide 30 days’ notice to the supervisor that it intends to approve the annual financial assurance cost estimate. (E) Within 30 days of the lead agency’s approval of the annual financial assurance cost estimate, the lead agency shall send the supervisor its final response to the supervisor’s comments. (6) If the lead agency determines an operator’s annual financial assurance cost estimate is inadequate, the lead agency shall specify the reasons for that determination. The operator shall have 30 days to appeal that denial pursuant to subdivision (e) of Section 2770 or provide a revised financial assurance cost estimate incorporating the suggested changes to the lead agency for approval by the lead agency pursuant to this section. (e) (1) Within 30 days of the lead agency’s approval of a financial assurance cost estimate pursuant to this section, the operator shall provide the lead agency and the supervisor an appropriate financial assurance mechanism. (2) (A) Within 15 days of receiving a financial assurance mechanism pursuant to this subdivision, or subdivision (c) of Section 2773.1 the lead agency and the supervisor shall review the financial assurance mechanism to determine if the type of mechanism, including the release instructions, meets the requirements of this chapter. (B) Financial assurance mechanisms determined to be noncompliant with this chapter shall be returned to the operator with instructions on how to correct the type or release instructions of the financial assurance mechanism. (3) By July 1, 2018, the board shall adopt forms to implement this subdivision as necessary. The forms shall be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (f) The review and approval of financial assurances pursuant to this chapter shall not be considered a project for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (Amended by Stats. 2017, Ch. 521, Sec. 41. (SB 809) Effective January 1, 2018.)
  89. 2773.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Section 2773.3 does not apply to certain surface mining operations and related amended reclamation plans or financial assurances if the stated timing and approval conditions are met.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2773.5. Section 2773.3 does not apply to either of the following: (a) Any surface mining operation in existence on January 1, 2003, for which the lead agency has issued final approval of a reclamation plan and the financial assurances prior to September 1, 2002. (b) Any amended reclamation plan or financial assurances that are necessary for the continued operation or expansion of a surface mining operation in existence on January 1, 2003, that otherwise satisfies the requirements of subdivision (a). (Added by Stats. 2002, Ch. 1154, Sec. 2. Effective January 1, 2003. Operative April 7, 2003, pursuant to Stats. 2003, Ch. 3, Secs. 2 and 3.)
  90. 2774.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Lead agencies must adopt and maintain local ordinances for reviewing reclamation plans and permits, and they must inspect surface mining operations on a regular schedule.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2774. (a) Every lead agency shall adopt ordinances in accordance with state policy that establish procedures for the review and approval of reclamation plans and financial assurances and the issuance of a permit to conduct surface mining operations, except that any lead agency without an active surface mining operation in its jurisdiction may defer adopting an implementing ordinance until the filing of a permit application. The ordinances shall establish procedures requiring at least one public hearing and shall be periodically reviewed by the lead agency and revised, as necessary, to ensure that the ordinances continue to be in accordance with state policy. (b) (1) The lead agency shall cause surface mining operations to be inspected in intervals of no more than 12 months, solely to determine whether the surface mining operation is in compliance with this chapter. The lead agency shall cause an inspection to be conducted by a state-licensed geologist, state-licensed civil engineer, state-licensed landscape architect, state-licensed forester, or a qualified lead agency employee who has not been employed by the surface mining operation being inspected in any capacity during the previous 12 months, except that a qualified lead agency employee may inspect surface mining operations conducted by the local agency. All inspections shall be conducted using a form developed by the Division of Mine Reclamation and approved by the board that includes the professional licensing and disciplinary information of the person who conducted the inspection. The operator shall be solely responsible for the reasonable cost of the inspection. The lead agency shall provide a notice of completion of inspection to the supervisor within 90 days of conducting the inspection. The notice shall contain a statement regarding the surface mining operation’s compliance with this chapter and a copy of the completed inspection form, and shall specify, as applicable, all of the following: (A) Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were corrected before the submission of the inspection form to the supervisor. (B) Aspects of the surface mining operation, if any, that were found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor. (C) A statement describing the lead agency’s intended response to any aspects of the surface mining operation found to be inconsistent with this chapter but were not corrected before the submission of the inspection form to the supervisor. (D) A statement as to whether the surface mining operation is out of compliance with an order to comply or stipulated order to comply issued by the lead agency. (2) If the surface mining operation has a review of its reclamation plan, financial assurances, or an interim management plan pending under subdivision (b) or (h) of Section 2770, or an appeal pending before the board or lead agency governing body under subdivision (e) or (h) of Section 2770, the notice shall so indicate. The lead agency shall forward to the operator a copy of the notice, a copy of the completed inspection form, and any supporting documentation, including, but not limited to, any inspection report prepared by the geologist, civil engineer, landscape architect, forester, or qualified lead agency employee who conducted the inspection. (c) If an operator does not request an inspection date on the annual report filed pursuant to Section 2207 or if the lead agency is unable to cause the inspection of a given surface mining operation on the date requested by the operator, the lead agency shall provide the operator with a minimum of five days’ written notice of a pending inspection or a lesser time period if agreed to by the operator. (d) (1) No later than December 31, 2017, the Division of Mine Reclamation shall establish a training program for all surface mine inspectors. The program shall be designed to include a guidance document, developed by the Division of Mine Reclamation, in consultation with the board and stakeholders, to provide instruction and recommendations to surface mine inspectors performing inspections pursuant to subdivision (b). (2) The training program shall include inspection workshops offered by the Division of Mine Reclamation in different regions of the state to provide practical application of the guidance document material. (3) On and after July 1, 2020, all inspectors shall have on file with the lead agency and the Division of Mine Reclamation a certificate of completion of an inspection workshop. An inspector shall attend a workshop no later than five years after the date of his or her most recent certificate. (4) The adoption of the guidance document by the Division of Mine Reclamation pursuant to this subdivision shall be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended (as amended by Stats. 2018, Ch. 51, Sec. 16) by Stats. 2018, Ch. 349, Sec. 3. (AB 3257) Effective January 1, 2019.)
  91. 2774.1.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    This section lets the lead agency or supervisor notify an operator of a mining violation and, if the problem is not fixed, issue an order to comply and penalties.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2774.1. (a) (1) Except as provided in subdivision (i) of Section 2770, if the lead agency or the supervisor determines, based upon an annual inspection pursuant to Section 2774, or otherwise confirmed by an inspection of the surface mining operation, that a surface mining operation is not in compliance with this chapter, the lead agency or the supervisor may issue a notice of that violation to the operator by personal service or certified mail. If the lead agency issues the notice, the lead agency shall send a copy of the notice to the supervisor. The notice shall include both of the following: (A) A description of the violation. (B) Actions the operator shall take to correct the violation. (2) (A) If a lead agency or the supervisor determines that the time to correct the noticed violation will exceed 30 days, the lead agency and the operator may enter into a stipulated order to comply, with notice sent to the supervisor. If the supervisor initiated the enforcement action, the supervisor, after consulting with the lead agency, may enter into a stipulated order to comply with the operator. The lead agency may, but need not, join the stipulated order with the supervisor. (B) A stipulated order to comply shall include a schedule and time for compliance that the lead agency or the supervisor, as applicable, determines is reasonable after taking into account the actions and legal processes required to correct the violation. (3) (A) If the operator does not comply with a notice issued pursuant to paragraph (1) within 30 days of being served the notice or commit to enter into a stipulated order to comply pursuant to paragraph (2) within 30 days of being served the notice, the lead agency or the supervisor may issue an order to comply by personal service or certified mail requiring the operator to comply with this chapter or, if the operator does not have an approved reclamation plan or financial assurances, cease all further surface mining activities. A lead agency shall, at the time of issuing an order to comply, provide a copy to the supervisor. (B) An order to comply issued pursuant to this paragraph shall take effect 30 days following the service of the order to comply unless within those 30 days the operator appeals the order to comply and requests a hearing before the lead agency, if the lead agency issued the order, or the board, if the supervisor issued the order. An order to comply issued pursuant to this paragraph shall specify all of the following: (i) Which aspects of the surface mining operation are inconsistent with this chapter. (ii) A time for compliance that the lead agency or supervisor determines is reasonable, taking into account the seriousness of the alleged violation and any good faith efforts to comply with applicable requirements. (iii) The actions and legal processes required to correct the alleged violation. (C) An appeal filed pursuant to subparagraph (B) shall be noticed and heard at a public hearing within 45 days of the filing of the appeal or a longer period as may be mutually agreed upon by the operator and the lead agency, if the lead agency issued the order, or the operator and the supervisor, if the supervisor issued the order. (b) [Reserved] (c) An operator who violates or fails to comply with an order to comply issued under subdivision (a) after the order’s effective date or who fails to submit a report or pay annual fees to the supervisor or lead agency as required by Section 2207, shall be subject to an order by the lead agency or the supervisor imposing an administrative penalty of not more than five thousand dollars ($5,000) per day, assessed from the original date of noncompliance with this chapter, including Section 2207, or from the date of the inspection when the violation was identified, at the discretion of the issuer of the notice of that violation. The penalty may be imposed administratively by the lead agency or the supervisor. In determining the amount of the administrative penalty, the lead agency or the supervisor shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and any other matters justice may require. Orders setting administrative penalties shall become effective upon issuance of the assessment and payment shall be made to the lead agency or the supervisor within 30 days, unless the operator petitions the legislative body of the lead agency, the board, or the superior court for review as provided in Section 2774.2. An order shall be served by personal service or by certified mail upon the operator. Penalties collected by the supervisor shall not be used for purposes other than to cover the reasonable costs incurred by the department in implementing this chapter or Section 2207. (d) (1) An operator who violates or fails to comply with an order to comply issued pursuant to paragraph (3) of subdivision (a) or a stipulated order to comply entered into pursuant to paragraph (2) of subdivision (a) after the order’s effective date shall be removed from the list published by the Division of Mine Reclamation pursuant to subdivision (b) of Section 2717. (2) If after a public hearing the board or lead agency denies an appeal by the operator pursuant to subparagraph (C) of paragraph (3) of subdivision (a), the operator shall be removed 10 working days following the denial of the appeal from the list published by the Division of Mine Reclamation pursuant to subdivision (b) of Section 2717. (3) If the operator enters into a stipulated order to comply between the operator and the lead agency, if the lead agency issued the order, or the operator and the supervisor, if the supervisor issued the order, within 10 working days of the denial of the appeal and the stipulated order to comply is consistent with the order to comply upheld by the board or lead agency and includes a stipulated schedule for compliance, the operator shall remain on the list published by the Division of Mine Reclamation pursuant to subdivision (b) of Section 2717. (4) Issuance of a notice pursuant to paragraph (1) of subdivision (a) or an order to comply or stipulated order to comply pursuant to paragraph (2) or (3) of subdivision (a) shall not disqualify an operator from eligibility for placement on the list published by the Division of Mine Reclamation pursuant to subdivision (b) of Section 2717, except in cases where an operator has failed to submit a financial assurance cost estimate to the lead agency or a financial assurance mechanism to the lead agency and supervisor, in accordance with Section 2773.4. (e) If the lead agency or the supervisor determines that the surface mine is not in compliance with this chapter, so that the surface mine presents an imminent and substantial endangerment to the public health or the environment, the lead agency or the Attorney General, on behalf of the supervisor, may seek an order from a court of competent jurisdiction enjoining that operation. (f) Upon a complaint by the supervisor, the department, or the board, the Attorney General may bring an action to recover administrative penalties under this section, and penalties under Section 2207, in any court of competent jurisdiction in this state against any person violating any provision of this chapter or Section 2207, or any regulation adopted pursuant to this chapter or Section 2207. The Attorney General may bring this action on his or her own initiative if, after examining the complaint and the evidence, he or she believes a violation has occurred. The Attorney General may also seek an order from a court of competent jurisdiction compelling the operator to comply with this chapter and Section 2207. (g) (1) The lead agency has primary responsibility for enforcing this chapter and Section 2207. In cases where the board is not the lead agency pursuant to Section 2774.4, enforcement actions may be initiated by the supervisor pursuant to this section only after the violation has come to the attention of the supervisor and either of the following occurs: (A) The lead agency has been notified by the supervisor in writing of the violation for at least 30 days, and has not taken appropriate enforcement action, which may include failing to issue an order to comply within a reasonable time after issuing a notice of violation. (B) The supervisor determines that there is a violation that amounts to an imminent and substantial endangerment to the public health or safety, or to the environment. (2) The supervisor shall comply with this section in initiating enforcement actions. (h) Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. (Amended by Stats. 2018, Ch. 349, Sec. 4. (AB 3257) Effective January 1, 2019.)
  92. 2774.2.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    This section lets an operator seek review of an administrative-penalty order within set deadlines, requires the reviewing body to notify the operator, lets the board or legislative body change the order, and allows collection of unpaid penalties after review time expires.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2774.2. (a) Within 30 days of the issuance of an order setting administrative penalties under subdivision (c) of Section 2774.1, the operator may petition the legislative body of the lead agency, if the lead agency has issued the order, or the board for orders issued by the supervisor, for review of the order. If the operator does not petition for review within the time limits set by this subdivision, the order setting administrative penalties shall not be subject to review by any court or agency. (b) The legislative body of the lead agency or the board shall notify the operator by personal service or certified mail whether it will review the order setting administrative penalties. In reviewing an order pursuant to this section, the record shall consist of the record before the lead agency or the supervisor and any other relevant evidence which, in the judgment of the legislative body or the board, should be considered to effectuate and implement the policies of this chapter. (c) The legislative body or the board may affirm, modify, or set aside, in whole or in part, by its own order, an order of the lead agency or the supervisor setting administrative penalties reviewed by the legislative body or the board pursuant to this section. (d) An order of the legislative body or the board issued under subdivision (c) shall become effective upon its issuance unless the operator petitions the superior court for review as provided in subdivision (e). An order shall be served by personal service or by certified mail upon the operator. Payment of an administrative penalty that is specified in an order issued pursuant to subdivision (c) shall be made to the lead agency or the supervisor within 30 days of service of the order. However, the payment shall be held in an interest bearing impound account pending the resolution of a petition for review filed pursuant to subdivision (e). (e) An operator aggrieved by an order of the legislative body or the board issued pursuant to subdivision (c) may obtain review of the order by filing in the superior court a petition for writ of mandate within 30 days following the issuance of the order. An operator aggrieved by an order of a lead agency or the supervisor setting administrative penalties pursuant to subdivision (c) of Section 2774.1, for which the legislative body or board denies review, may obtain review of the order in the superior court by filing in the court a petition for writ of mandate within 30 days following the denial of review. The provisions of Section 1094.5 of the Code of Civil Procedure shall govern judicial proceedings pursuant to this subdivision, except that in every case the court shall exercise its independent judgment. If the operator does not petition for a writ of mandate within the time limits set by this subdivision, an order of the board or the legislative body shall not be subject to review by any court or agency. (f) (1) After the expiration of the time to petition for review pursuant to subdivision (a) or (e), the supervisor or the board acting as the lead agency may apply to the small claims court or the superior court, depending on the jurisdictional amount, in the county where the administrative penalty was imposed for a judgment to collect the unpaid administrative penalty imposed pursuant to subdivision (c) of Section 2774.1. The application shall include all of the following: (A) The order setting the administrative penalty pursuant to subdivision (c) of Section 2774.1. (B) A notice to the operator of the right to petition for review of the order. (C) Either of the following: (i) A declaration from the board that no petition was made or that the board declined to review the petition. (ii) A copy of the final order of the board. (2) An application submitted pursuant to this subdivision shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. (3) The judgment entered pursuant to this subdivision shall have the same force and effect as, and shall be subject to all the provisions of law relating to, a judgment in a civil action and may be enforced in the same manner as any other judgment of the court. The court shall make enforcement of the judgment a priority. (Amended by Stats. 2017, Ch. 521, Sec. 44. (SB 809) Effective January 1, 2018.)
  93. 2774.2.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Lead agencies must send specified mining and reclamation documents to the supervisor, and the Division of Mine Reclamation must post them online by the stated deadline.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2774.2.5. (a) A lead agency shall submit to the supervisor, in an electronic format determined by the Division of Mine Reclamation, official copies of all of the following: (1) Approved reclamation plans or plan amendments within 60 days of their approval in accordance with subparagraph (B) of paragraph (7) of subdivision (b) of Section 2772.1, including reclamation plans approved or upheld by the board or lead agency following an appeal pursuant to subdivision (e) of Section 2770. (2) Interim management plans at the time of approval pursuant to subdivision (h) of Section 2770. (3) Financial assurance cost estimates within 30 days of their approval pursuant to the procedures set forth in Section 2773.4, including financial assurance cost estimates approved or upheld by the board or lead agency following an appeal pursuant to subdivision (e) of Section 2770. (4) Financial assurance mechanisms at the time of approval pursuant to subdivision (e) of Section 2773.4. (5) Notices of violation at the time of issuance pursuant to paragraph (1) of subdivision (a) of Section 2774.1. (6) Orders to comply at the time of issuance pursuant to subparagraph (A) of paragraph (3) of subdivision (a) of Section 2774.1. (7) Notices of violations at the time of issuance pursuant to the surface mining ordinances of the lead agency. (8) Stipulated orders to comply at the time of issuance pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section 2774.1. (9) Orders imposing an administrative penalty at the time of issuance pursuant to subdivision (c) of Section 2774.1. (10) Administrative decisions at the time of issuance following an appeal of an order to comply issued pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 2774.1 or decisions following an appeal of an order imposing an administrative penalty at the time of issuance pursuant to subdivision (c) of Section 2774.1. (11) Notices to an operator of a violation or failure to comply with an order to comply or stipulated order to comply at the time of issuance pursuant to subdivision (d) of Section 2774.1. (12) Notices of completion of inspection, including the completed inspection form, at the time of issuance pursuant to subdivision (b) of Section 2774. (13) Permits at the time of approval to conduct surface mining operations pursuant to Section 2770. (14) Vested rights determinations pursuant to Section 2776. (b) No later than January 1, 2022, the Division of Mine Reclamation shall post on its Internet Web site the documents and information listed in subdivision (a) in a database and in a geographic information system interface. (c) If a member of the public seeks access to the information that lead agencies are required to submit to the supervisor pursuant to subdivision (a) and the lead agency has failed to submit the requested documents or information, the Division of Mine Reclamation shall make this disclosure: “This data has not been provided by the lead agency responsible for regulating this mine.” (d) The Division of Mine Reclamation may promulgate regulations implementing this section. (Added by Stats. 2018, Ch. 51, Sec. 17. (SB 854) Effective June 27, 2018.)
  94. 2774.3.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    The board must review lead agency ordinances on permit and reclamation procedures and certify them if they meet or exceed the board’s state policy standards.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2774.3. The board shall review lead agency ordinances which establish permit and reclamation procedures to determine whether each ordinance is in accordance with state policy, and shall certify the ordinance as being in accordance with state policy if it adequately meets, or imposes requirements more stringent than, the California surface mining and reclamation policies and procedures established by the board pursuant to this chapter. (Amended by Stats. 1987, Ch. 975, Sec. 3.)
  95. 2774.4.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    The board may take over some or all of a lead agency’s powers if the lead agency has certain deficiencies, but not permitting authority or vested-rights determinations.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2774.4. (a) The board shall exercise some or all of a lead agency’s powers under this chapter pursuant to subdivision (c), except for permitting authority and vested rights determinations, if the board finds that a lead agency has done any of the following: (1) Approved reclamation plans or financial assurance mechanisms that are not consistent with this chapter. (2) Failed to inspect or cause the inspection of surface mining operations as required by this chapter. (3) Failed to seek forfeiture of financial assurances and to carry out reclamation of surface mining operations as required by this chapter. (4) Failed to take appropriate enforcement actions as required by this chapter. (5) Intentionally misrepresented the results of inspections required under this chapter. (6) Failed to submit information to the Division of Mine Reclamation as required by this chapter. (b) The board shall conduct a public hearing no sooner than three years after the board has taken action pursuant to subdivision (a) to determine if a lead agency has corrected its deficiencies in implementing and enforcing this chapter and the rules and regulations adopted pursuant to this chapter. If the board finds the lead agency has corrected some or all of its deficiencies in implementing and enforcing this chapter, the board shall restore to the lead agency some or all of the powers assumed by the board pursuant to subdivision (a). (c) (1) Before taking any action pursuant to subdivision (a), the board shall first notify the lead agency of the identified deficiencies and allow the lead agency 45 days to provide a response to the board on the identified deficiencies. The board may review the lead agency’s response at a regularly scheduled meeting. (2) (A) If the board is not satisfied with the lead agency’s response, the board shall hold a public hearing within the lead agency’s area of jurisdiction, upon a 45-day written notice given to the public in at least one newspaper of general circulation within the city or county and directly mailed to the lead agency and to all operators within the lead agency’s jurisdiction who have submitted reports as required by Section 2207. (B) At the hearing, the board shall determine if the lead agency has engaged in the conduct described in subdivision (a). If the board finds that the lead agency has engaged in conduct described in subdivision (a), the board shall do either of the following: (i) Require the lead agency to develop a remedial plan to correct the noted deficiencies. The remedial plan shall describe specific objectives and corresponding processes designed to address, at a minimum, the noted deficiencies and a time that the remedial plan will be fully implemented. The board shall set a hearing to review the completion of the remedial plan consistent with paragraph (2) and subdivisions (d) and (e). (ii) Take immediate action pursuant to subdivision (a). (d) Affected operators and interested persons have the right at the public hearing to present oral and written evidence on the matter being considered. At the public hearing, the board may place reasonable limits on the right of affected operators and interested persons to question and solicit testimony. (e) (1) If the board decides to take action pursuant to subdivision (a) and exercise some or all of a lead agency’s powers under this chapter, except for permitting authority and vested rights determinations, the board, based on the record of the public hearing, shall adopt written findings that explain all of the following: (A) The action to be taken by the board. (B) Why the board decided to take the action. (C) Why the action is authorized by and meets the requirements of subdivision (a). (2) In addition, the board’s findings shall address the significant issues raised, or written evidence presented, by affected operators, interested persons, the lead agency, or the Division of Mine Reclamation. The transcript of testimony and exhibits, together with all papers and requests filed in the proceedings, shall constitute the exclusive record for decision by the board. (f) If the board finds at the hearing held pursuant to paragraph (2) of subdivision (c) that the lead agency has not completed the remedial plan prepared pursuant to clause (i) of subparagraph (B) of paragraph (2) of subdivision (c) to the board’s satisfaction, the board shall follow the procedures set forth in paragraph (2) of subdivision (c) and subdivisions (d) and (e). If the board finds at the hearing held pursuant to paragraph (2) of subdivision (c) that the lead agency has completed the remedial plan prepared pursuant to clause (i) of subparagraph (B) of paragraph (2) of subdivision (c) to the board’s satisfaction, the board shall conclude the action it has taken pursuant to this section. (g) The lead agency, any affected operator, or any interested person who has presented oral or written evidence at the public hearing before the board pursuant to subdivision (d) may obtain review of the board’s action taken pursuant to subdivision (a) by filing in the superior court a petition for writ of mandate within 30 days following the issuance of the board’s decision. Section 1094.5 of the Code of Civil Procedure governs judicial proceedings pursuant to this subdivision, except that in every case the court shall exercise its independent judgment. If a petition for a writ of mandate is not filed within the time limits set by this subdivision, the board’s action under subdivision (a) shall not be subject to review by any court or agency. (Amended by Stats. 2017, Ch. 521, Sec. 45. (SB 809) Effective January 1, 2018.)
  96. 2774.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    The board and lead agency must follow a review-and-revision process for ordinances and reclamation plans, and surface mining cannot start without board-approved reclamation plans where no certified ordinance exists.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2774.5. (a) If, upon review of an ordinance, the board finds that it is not in accordance with state policy, the board shall communicate the ordinance’s deficiencies in writing to the lead agency. Upon receipt of the written communication, the lead agency shall have 90 days to submit a revised ordinance to the board for certification as being in accordance with state policy. The board shall review the lead agency’s revised ordinance for certification within 60 days of its receipt. If the lead agency does not submit a revised ordinance within 90 days, the board shall assume full authority for reviewing and approving reclamation plans submitted to the lead agency until the time the lead agency’s ordinances are revised in accordance with state policy. (b) If, upon review of a lead agency’s revised ordinance, the board finds the ordinance is still not in accordance with state policy, the board shall again communicate the ordinance’s deficiencies in writing to the lead agency. The lead agency shall have a second 90-day period in which to revise the ordinance and submit it to the board for review. If the board again finds that the revised ordinance is not in accordance with state policy or if no revision is submitted, the board shall assume full authority for reviewing and approving reclamation plans submitted to the lead agency until the time the lead agency’s ordinances are revised in accordance with state policy. (c) In any jurisdiction in which the lead agency does not have a certified ordinance, no person shall initiate a surface mining operation unless a reclamation plan has been submitted to, and approved by, the board. Any reclamation plan, approved by a lead agency under the lead agency’s ordinance which was not in accordance with state policy at the time of approval, shall be subject to amendment by the board or under the ordinance certified by the board as being in accordance with state policy. (d) Reclamation plans approved by the board pursuant to this section shall not be subject to modification by the lead agency at a future date but may be amended by the board. Reclamation plans approved by the board shall be remanded to the lead agency upon certification of the lead agency’s ordinance, and the lead agency shall approve the reclamation plan as approved by the board, except that a subsequent amendment as may be agreed upon between the operator and the lead agency may be made according to this chapter. No additional public hearing shall be required prior to the lead agency’s approval. Nothing in this section shall be construed as authorizing the board to issue a permit for the conduct of mining operations. (Amended by Stats. 1987, Ch. 975, Sec. 4.)
  97. 2775.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Certain applicants or aggrieved persons may appeal a surface-mining permit decision to the board, and the board must follow set hearing and review rules.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2775. (a) An applicant whose request for a permit to conduct surface mining operations in an area of statewide or regional significance has been denied by a lead agency, or any person who is aggrieved by the granting of a permit to conduct surface mining operations in an area of statewide or regional significance, may, within 15 days of exhausting his rights to appeal in accordance with the procedures of the lead agency, appeal to the board. (b) The board may, by regulation, establish procedures for declining to hear appeals that it determines raise no substantial issues. (c) Appeals that the board does not decline to hear shall be scheduled and heard at a public hearing held within the jurisdiction of the lead agency which processed the original application within 30 days of the filing of the appeal, or such longer period as may be mutually agreed upon by the board and the person filing the appeal. In any such action, the board shall not exercise its independent judgment on the evidence but shall only determine whether the decision of the lead agency is supported by substantial evidence in the light of the whole record. If the board determines the decision of the lead agency is not supported by substantial evidence in the light of the whole record it shall remand the appeal to the lead agency and the lead agency shall schedule a public hearing to reconsider its action. (Added by Stats. 1975, Ch. 1131.)
  98. 2776.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    People with vested rights to conduct surface mining before January 1, 1976 do not need a permit under this chapter while those rights continue and the operation is not substantially changed.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2776. (a) No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to this chapter as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this chapter. A person shall be deemed to have vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the surface mining operations. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. (b) The reclamation plan required to be filed under subdivision (b) of Section 2770, shall apply to operations conducted after January 1, 1976, or to be conducted. (c) Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976. (Amended by Stats. 2006, Ch. 538, Sec. 560. Effective January 1, 2007.)
  99. 2777.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Amendments to an approved reclamation plan may be submitted, and substantial deviations from the original plan may not begin until the amendment is filed with and approved by the lead agency.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2777. Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the lead agency. (Added by Stats. 1975, Ch. 1131.)
  100. 2777.3.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    A renewable energy generation facility on disturbed mined lands can be treated as an interim use, and the lead agency and supervisor have review and filing duties tied to permit approval.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2777.3. (a) The construction and operation of a renewable energy generation facility on disturbed mined lands, including all foundations and other installations, facilities, buildings, accessory structures, and other improvements to the land that are related to the generation of energy, shall be considered an interim use for the purposes of this chapter and shall not require an amendment to an approved reclamation plan if all of the following criteria are met: (1) The renewable energy generation facility will not adversely affect the completion of reclamation in accordance with the surface mining operation’s approved reclamation plan. (2) The permit conditions of the renewable energy generation facility address and eliminate any potentially adverse impacts on the surface mining operation. (3) The operating permit for the renewable energy generation facility includes both of the following: (A) An approved closure and decommissioning plan that will not affect the manner in which reclamation will be achieved pursuant to this chapter. (B) A separate financial assurance mechanism that the lead agency determines to be sufficient to perform the removal of the renewable energy generation facility. (4) The closure and decommissioning of the renewable energy generation facility will occur prior to the later of the following: (A) The expiration of the use permit for the surface mining operation. (B) The completion of reclamation in accordance with the surface mining operation’s approved reclamation plan. (5) All required permits for the construction and related land improvements have been approved by a public agency in accordance with the applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (b) (1) Prior to approving an operating permit for a renewable energy generation facility subject to this section, the lead agency shall submit the operating permit application with all the associated maps and plans to the supervisor for review. (2) The supervisor shall have 30 days from the receipt of the application with associated documents to prepare written comments if the supervisor chooses. (3) The supervisor may provide comments relating to whether the renewable energy generation facility meets the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a). (4) The lead agency shall prepare a written response to the supervisor’s comments and submit its response to the supervisor at least 30 days prior to the approval of the operating permit for the renewable energy generation facility. (c) Copies of all approved permits and associated documents shall be submitted to the lead agency and the supervisor as an addendum to the approved reclamation plan no less than 30 days prior to the commencement of land improvements associated with the renewable energy generation facility. (d) For purposes of this section, “renewable energy generation facility” means a solar photovoltaic, solar thermal under 50 megawatts, or wind energy generation facility. (Amended by Stats. 2017, Ch. 521, Sec. 46. (SB 809) Effective January 1, 2018.)
  101. 2777.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    This section lets certain operators file corrected annual reports for earlier reporting errors if specific conditions are met, and it can allow some idle mining operations to return to idle status. It also makes the mine operator pay inspection costs in one case.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2777.5. (a) An operator who has failed to properly report a mine’s mineral production or mine status in any previous year, pursuant to the annual reporting requirement in Section 2207, prior to January 1, 2012, may attach corrected annual reports to the 2012 annual report so long as the corrected annual reports are submitted on or before July 1, 2013, and if the lead agency confirms in writing to the department all of the following: (1) The operator has provided written notification to the lead agency and the supervisor of their intention to continue surface mining operations. (2) The operator has an existing, valid permit or a vested right to conduct surface mining operations pursuant to Section 2776. (3) (A) The operator’s reclamation plan has been approved and is in compliance with this chapter, the surface mining operation is in compliance with the approved reclamation plan or applicable compliance order issued pursuant to this chapter, the surface mining operation has an approved financial assurance in place that the lead agency determines is adequate for reclamation pursuant to the approved reclamation plan, and the surface mining operation has been inspected by the lead agency as provided by Section 2774. (B) The Division of Mine Reclamation may enter any mine site for which an operator has requested a correction of mine status or a return to idle status pursuant to this section in order to conduct an inspection. (4) The operator has demonstrated that there are commercially useful mineral reserves remaining at the surface mining operation. (5) Unpaid fees for years during which the operation’s status was not properly reported have been paid to the department. (6) The operator provides evidence to support any modified production reported on corrected annual reports. (b) A mining operation that became idle, as defined in Section 2727.1, that failed to prepare and have approved an interim management plan and was thus considered abandoned pursuant to paragraph (6) of subdivision (h) of Section 2770 prior to January 1, 2013, may, without prejudice, be returned to idle status at the request of the operator if an interim management plan is approved by July 1, 2013, and upon lead agency verification of compliance with subdivision (a). (c) The mine operator shall be responsible for the reasonable costs of an inspection conducted by the Division of Mine Reclamation pursuant to subparagraph (B) of paragraph (3) of subdivision (a). (Amended by Stats. 2017, Ch. 521, Sec. 47. (SB 809) Effective January 1, 2018.)
  102. 2778.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    Most reclamation documents are public records, but proprietary production, reserves, or depletion information can be kept protected.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2778. (a) Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records, unless it can be demonstrated to the satisfaction of the lead agency that the release of that information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The lead agency shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the supervisor and to persons authorized in writing by the operator and by the owner. (b) A copy of all reclamation plans, reports, applications, and other documents submitted pursuant to this chapter shall be furnished to the supervisor by lead agencies on request. (Amended by Stats. 2017, Ch. 521, Sec. 48. (SB 809) Effective January 1, 2018.)
  103. 2779.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. )

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    If a successor operator takes over an incompleted surface mining operation, it must follow the approved reclamation plan and this chapter.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 5. Reclamation Plans and the Conduct of Surface Mining Operations [2770 - 2779] ( Article 5 added by Stats. 1975, Ch. 1131. ) ## 2779. Whenever one operator succeeds to the interest of another in any incompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter. (Added by Stats. 1975, Ch. 1131.)
  104. 2790.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 6. Areas of Statewide or Regional Significance [2790 - 2793] ( Article 6 added by Stats. 1975, Ch. 1131. )

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    After receiving mineral information and holding a public hearing, the board may designate areas of the state as areas of statewide or regional significance and set their boundaries.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 6. Areas of Statewide or Regional Significance [2790 - 2793] ( Article 6 added by Stats. 1975, Ch. 1131. ) ## 2790. After receipt of mineral information from the State Geologist pursuant to subdivision (d) of Section 2761, the board may, by regulation adopted after a public hearing, designate specific geographic areas of the state as areas of statewide or regional significance and specify the boundaries of the geographic areas. The designation shall be included as a part of the state policy and shall indicate the reason for which the particular area designated is of significance to the state or region, the adverse effects that might result from premature development of incompatible land uses, the advantages that might be achieved from extraction of the minerals of the area, and the specific goals and policies to protect against the premature incompatible development of the area. (Amended by Stats. 2013, Ch. 472, Sec. 5. (SB 814) Effective January 1, 2014.)
  105. 2791.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 6. Areas of Statewide or Regional Significance [2790 - 2793] ( Article 6 added by Stats. 1975, Ch. 1131. )

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    The board must seek recommendations from specified agencies, organizations, and individuals when identifying areas of statewide or regional significance.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 6. Areas of Statewide or Regional Significance [2790 - 2793] ( Article 6 added by Stats. 1975, Ch. 1131. ) ## 2791. The board shall seek the recommendations of concerned federal, state, and local agencies, educational institutions, civic and public interest organizations, and private organizations and individuals in the identification of areas of statewide and regional significance. (Added by Stats. 1975, Ch. 1131.)
  106. 2792.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 6. Areas of Statewide or Regional Significance [2790 - 2793] ( Article 6 added by Stats. 1975, Ch. 1131. )

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    This section protects certain preexisting development rights from being limited by the designation of an area or by regulations for that area.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 6. Areas of Statewide or Regional Significance [2790 - 2793] ( Article 6 added by Stats. 1975, Ch. 1131. ) ## 2792. Neither the designation of an area of regional or statewide significance nor the adoption of any regulations for such an area shall in any way limit or modify the rights of any person to complete any development that has been authorized pursuant to Part 2 (commencing with Section 11000) of Division 4 of the Business and Professions Code, pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), or by a building permit or other authorization to commence development, upon which such person relies and has changed his position to his substantial detriment, and, which permit or authorization was issued prior to the designation of such area pursuant to Section 2790. If a developer has by his actions taken in reliance upon prior regulations obtained vested or other legal rights that in law would have prevented a local public agency from changing such regulations in a way adverse to his interests, nothing in this chapter authorizes any governmental agency to abridge those rights. (Added by Stats. 1975, Ch. 1131.)
  107. 2793.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 6. Areas of Statewide or Regional Significance [2790 - 2793] ( Article 6 added by Stats. 1975, Ch. 1131. )

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    The board may end, partly or fully, the designation of an area of statewide or regional significance if it adopts a regulation after a public hearing and finds its direct involvement is no longer needed.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 6. Areas of Statewide or Regional Significance [2790 - 2793] ( Article 6 added by Stats. 1975, Ch. 1131. ) ## 2793. The board may, by regulation adopted after a public hearing, terminate, partially or wholly, the designation of any area of statewide or regional significance on a finding that the direct involvement of the board is no longer required. (Added by Stats. 1975, Ch. 1131.)
  108. 2795.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 7. Fiscal Provisions [2795 - 2796.5] ( Article 7 added by Stats. 1980, Ch. 800, Sec. 12. )

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    Money from certain federal-land mining activities must be deposited into the Surface Mining and Reclamation Account in the General Fund, and the account may be spent only as authorized for this chapter.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 7. Fiscal Provisions [2795 - 2796.5] ( Article 7 added by Stats. 1980, Ch. 800, Sec. 12. ) ## 2795. (a) Notwithstanding any other law, moneys from mining activities on federal lands disbursed by the United States each fiscal year to this state pursuant to Section 35 of the Mineral Lands Leasing Act, as amended (30 U.S.C. Sec. 191) shall be deposited in the Surface Mining and Reclamation Account in the General Fund, which account is hereby created, in an amount equal to the appropriation for this chapter contained in the annual Budget Act for that fiscal year, plus any statewide general administrative costs assessed to the account for that fiscal year, and may be expended, upon that appropriation by the Legislature, for the purposes of this chapter. (b) Proposed expenditures from the account shall be included in a separate item in the Budget Act for each fiscal year for consideration by the Legislature. Each appropriation from the account shall be subject to all of the limitations contained in the Budget Act and to all other fiscal procedures prescribed by law with respect to the expenditure of state funds. (Amended by Stats. 2019, Ch. 31, Sec. 19. (SB 85) Effective June 27, 2019.)
  109. 2796.5.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 7. Fiscal Provisions [2795 - 2796.5] ( Article 7 added by Stats. 1980, Ch. 800, Sec. 12. )

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    The supervisor may clean up or reclaim abandoned mined lands if listed conditions are met, and the owner may challenge a lien within 45 days.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 9. Surface Mining and Reclamation Act of 1975 [2710 - 2796.5] ( Chapter 9 added by Stats. 1975, Ch. 1131. ) ## ARTICLE 7. Fiscal Provisions [2795 - 2796.5] ( Article 7 added by Stats. 1980, Ch. 800, Sec. 12. ) ## 2796.5. (a) The supervisor, with the consultation of appropriate state and local agencies, may remediate or complete reclamation of abandoned mined lands that meet all of the following requirements: (1) No operator having both the responsibility and the financial ability to remediate or reclaim the mined lands can be found within the state. (2) No reclamation plan is in effect for the mined lands. (3) No financial assurances exist for the mined lands. (4) The mined lands are abandoned, as that term is used in paragraph (6) of subdivision (h) of Section 2770. (b) In deciding whether to act pursuant to subdivision (a), the supervisor shall consider whether the action would accomplish one of the following: (1) The protection of the public health and safety or the environment from the adverse effects of past surface mining operations. (2) The protection of property that is in danger as a result of past surface mining operations. (3) The restoration of land and water resources previously degraded by the adverse effects of surface mining operations. (c) The supervisor may also consider the potential liability to the state in deciding whether to act under this section. Neither the supervisor, the department, nor the state, or its appointees, employees, or agents, in conducting remediation or reclamation under this section, shall be liable under applicable state law, and it is the intent of the Legislature that those persons and entities not be liable for those actions under federal laws. (d) (1) The remediation or reclamation work performed under this section includes, but is not limited to, supervision of remediation or reclamation activities that, in the supervisor’s judgment, is required by the magnitude of the endeavor or the urgency for prompt action needed to protect the public health and safety or the environment. The action may be taken in default of, or in addition to, remedial work by any other person or governmental agency, and regardless of whether injunctive relief is being sought. (2) The supervisor may authorize the work to be performed through department staff, with the cooperation of any other governmental agency, or through contracts, and may use rented tools or equipment, either with or without operators furnished. (3) In cases of emergency where quick action is necessary, notwithstanding any other provision of law, the supervisor may enter into oral contracts for the work, and the contracts, whether written or oral, may include provisions for the rental of tools or equipment and in addition the furnishing of labor and materials necessary to accomplish the work. These emergency contracts are exempt from approval by the Department of General Services pursuant to Section 10295 of the Public Contract Code. (4) The supervisor shall be permitted reasonable access to the abandoned mined lands as necessary to perform any remediation or reclamation work. The access shall be obtained with the consent of the owner or possessor of the property or, if the consent is withheld or otherwise unobtainable, with a warrant duly issued pursuant to the procedure described in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. However, in the event of an emergency affecting the public health or safety, the supervisor may enter the property without consent or the issuance of a warrant. (e) For any remediation or reclamation work accomplished, or other necessary remedial action taken by any governmental agency, the operator, landowner, and the person or persons who allowed or caused any pollution or nuisance are liable to that governmental agency to the extent of the reasonable costs actually incurred in remediating, reclaiming, or taking other remedial action. The amount of the costs is recoverable in a civil action by, and paid to, the governmental agency and the supervisor to the extent of the supervisor’s contribution to the costs of the remediation, reclamation, cleanup, and abatement or other corrective action. (f) (1) The amount of the costs constitutes a lien on the affected property upon service of a copy of the notice of lien on the owner and upon the recordation of a notice of lien, which identifies the property on which the remediation or reclamation was accomplished, the amount of the lien, and the owner of record of the property, in the office of the county recorder of the county in which the property is located. Upon recordation, the lien has the same force, effect, and priority as a judgment lien, except that it attaches only to the property posted and described in the lien. The lien shall continue for 10 years from the time of the recording of the notice of the lien unless sooner released or otherwise discharged, and may be renewed. (2) Not later than 45 days after receiving a notice of lien, the owner may petition the court for an order releasing the property from the lien or reducing the amount of the lien. In this court action, the governmental agency that incurred the costs shall establish that the costs were reasonable and necessary. The lien may be foreclosed by an action brought by the supervisor, for a money judgment. Money recovered by a judgment in favor of the supervisor shall be used for the purposes of this chapter. (g) If the operation has been idle for more than one year without obtaining an approved interim management plan, an application for the review of an interim management plan filed for the purpose of preventing the supervisor from undertaking remediation or reclamation of abandoned mined lands under this section shall be voidable by the lead agency or the board upon notice and hearing by the lead agency or the board. In the event of conflicting determinations, the decision of the board shall prevail. (h) “Remediate,” for the purposes of this section, means to improve conditions so that threat to or damage to public health and safety or the environment are lessened or ameliorated, including the cleanup and abatement of pollution or nuisance or threatened pollution or nuisance. (i) “Threaten,” for the purposes of this section, means a condition creating a probability of harm, when the probability and potential extent of harm make it reasonably necessary to take action to prevent, reduce, or mitigate damages to persons, property, or the environment. (j) This section shall apply to abandoned mined lands on which the mining operations were conducted after January 1, 1976. (k) The supervisor may act under this section only upon the appropriation of funds by the Legislature for the purposes of carrying out this section. (l) Nothing in this section limits the authority of any state agency under any other law or regulation to enforce or administer any cleanup or abatement activity. (Amended by Stats. 2017, Ch. 521, Sec. 49. (SB 809) Effective January 1, 2018.)
  110. 2800.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. )

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    This section states legislative findings about earthquake risk in California and the potential value of short-term earthquake prediction.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. ) ## 2800. The Legislature finds and declares all of the following: (a) The state’s major metropolitan areas are subject to potentially devastating large magnitude earthquakes and earth scientists estimate that there is a high probability that one or more large earthquakes will occur in California between now and the end of the century. (b) Loss of life and property damage resulting from a damaging earthquake could be substantially reduced if there existed a reliable short-term earthquake prediction system capable of providing public warning of the size and location of a damaging earthquake within a timeframe of a few weeks to a few hours. (c) While earth scientists are not in full agreement about the feasibility of short-term earthquake prediction, there is increasing interest in the possibility that precursory geochemical and geophysical phenomena can be identified within short timeframes and that these precursory events can become the basis for timely and reliable warnings of damaging earthquakes. (d) California currently has a unique opportunity to assess the feasibility of short-term earthquake prediction by joining the United States Geological Survey in a study of the Parkfield section of the San Andreas fault in Monterey County. This section has, between 1857 and 1966, produced almost identical earthquakes of about 5.6 magnitude on the average of every 22 years. Another earthquake probably will occur in January of 1988, plus or minus four years. If adequate instrumentation is in place by the time the earthquake occurs, it may be possible to identify specific precursory phenomena. However, at present, the instrumentation is not considered adequate to fully monitor precursory events and, because of anticipated federal budget cuts, additional instrumentation is unlikely to be installed unless the state is able to participate in the Parkfield study. State participation would also allow the United States Geological Survey to share its data from Parkfield and permit the state to independently analyze and evaluate this data specifically for earthquake prediction and response purposes. (e) If precursory earthquake phenomena are identified as a result of the Parkfield study, there is a need to assess the feasibility of establishing a statewide earthquake prediction system and to develop a short-term response plan which, among other things, would include development of procedures for verifying the predicted event and guidelines for taking state action in response to anomalous precursory phenomena. (Added by Stats. 1985, Ch. 1198, Sec. 1. Effective September 29, 1985.)
  111. 28000.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. )

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    This section states legislative findings about the need to protect Morro Bay and develop a comprehensive management plan for the bay and its watershed.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. ) ## 28000. The Legislature hereby finds and declares all of the following: (a) There has long been a public concern for protecting and preserving the natural resources, wildlife habitat, recreational, and other environmental values, and public health at Morro Bay and its watershed, beginning with Senate Resolution 176 in 1966. (b) In 1966, the Senate declared that the preservation of Morro Bay’s fish, wildlife, recreational and aesthetic resources is of great importance to the people of California, and directed the Resources Agency to conduct a study of Morro Bay and its watershed and to prepare a plan for the preservation of the natural resources of the bay and watershed. (c) The need for a management plan for Morro Bay was demonstrated in a 1966 study by the Department of Fish and Game, resulting from the Senate resolution, which described Morro Bay’s rich natural resources and proposed the formation of a multiagency planning task force to prepare a comprehensive area plan for approval by the Legislature. (d) The need for developing a management plan for Morro Bay was recognized in 1975 by the report of an intergovernmental task force, “A Coastal Watershed Environmental Management System–Morro Bay, California,” which recommended various models of cooperative and comprehensive planning and management of Morro Bay and its watershed. (e) The Morro Bay Task Force, composed of representatives of 50 government agencies and interest groups, was established in 1987 and adopted as a goal the long-term preservation, conservation, and enhancement of Morro Bay. It selected management planning as the best means to pursue that goal. (f) The need to develop and carry out a management plan for Morro Bay and its watershed has been clearly recognized by the Legislature in adopting Assembly Concurrent Resolution 118 in 1990 (Resolution Chapter 58 of the Statutes of 1990). (g) This need is also recognized by the approval by the Governor of the nomination of Morro Bay for the National Estuary Program, as developed and adopted by the State Water Resources Control Board. The development of a management plan for Morro Bay will improve the likelihood that Morro Bay will be accepted into the National Estuary Program. (h) The Congress of the United States is expected to renew and revise the Clean Water Act (33 U.S.C. Sec. 1250 et seq.), and to include funding for watershed management planning. Designating Morro Bay and its watershed as a management planning area will increase the likelihood that Congress will allocate federal funds for Morro Bay management planning. (i) There is now clear and compelling evidence that Morro Bay is suffering from an unnaturally rapid, undesirable, and irreversible deterioration as a unique and valuable natural resource, including (1) a 1988 study, funded by the State Coastal Conservancy, which determined that Morro Bay has lost over 30 percent of its estuary over the last 100 years, and that it continues to be threatened by unnaturally rapid sedimentation and the loss of riparian flow caused by activities on state-owned and local agency-owned properties and on privately owned agricultural lands within the watershed, and (2) occasional, recent measurements by the State Department of Health Services of coliform content that exceed safe levels. (j) The need to prevent erosion in the Morro Bay watershed, which results in further sedimentation and loss of bay habitat, has been clearly recognized by the commitment of over three million dollars ($3,000,000) to watershed enhancement projects, mostly through the State Coastal Conservancy. (k) The Morro Bay watershed was selected as the pilot watershed for developing California’s nonpoint source pollution regulations to comply with the federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.). (l) There are unknown factors influencing the health of Morro Bay which need study, including (1) unsafe levels of nitrates in groundwater in residential areas adjoining the bay, coupled with rapidly increasing coverage of intertidal mudflats with algae, and (2) occasional quarantine of oyster production in Morro Bay because of paralytic poisoning caused by planktonic invasion. (m) Morro Bay is an essential link in the Pacific Flyway, providing the state’s largest waterfowl habitat south of San Francisco. Annually, Morro Bay has the second or third largest Audubon count of bird species in the nation. (n) Morro Bay offers many beneficial human uses, such as oyster farming, harboring commercial and recreational fishing boats, recreational boating, and aesthetic tourist attractions supporting a large business community. A healthy bay is important for all of these activities and enterprises. (o) Morro Bay remains relatively unspoiled. Action to maintain and enhance it will be far less costly than restoring it after deterioration. (p) Through the efforts of governmental agencies and volunteer organizations communicating through the Morro Bay Task Force, strong, widespread, multipartisan support for the development of a management plan has arisen. Cooperative effort and the involvement of all concerned has already been established as the method to follow in planning. (q) It is necessary to develop a comprehensive management plan for Morro Bay to conduct research, to coordinate the monitoring of sediment and water quality, to promote coordinated education and public outreach programs, and to identify and seek sources of funding for these activities. (Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
  112. 28001.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. )

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    This section states the Legislature’s intent for the Morro Bay management plan: to protect Morro Bay and its watershed, support local commerce and employment, allow public agencies to implement the plan, encourage outside support, and preserve current legal uses.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. ) ## 28001. It is the intent of the Legislature in enacting this division to do all of the following: (a) Recognize the importance of preserving and enhancing Morro Bay and its watershed as one of the state’s rare natural treasures. (b) Recognize the importance of commercial enterprises in and around Morro Bay to the economic and employment base of the area. (c) Authorize the development of a management plan for Morro Bay and its watershed that will protect its natural attributes in balance with the maintenance and enhancement of human activity and enterprise in the bay and its watershed. (d) Provide a basis for public agencies which have jurisdiction over parts of, or over activities within, the bay and its watershed, to carry out the management plan. (e) Encourage federal agencies and nongovernmental groups to support the accomplishment of these purposes. (f) Provide for continuing current legal uses in the bay and its watershed. (Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
  113. 28002.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. )

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    This section defines key terms used in the Morro Bay management plan division.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. ) ## 28002. For purposes of this division, the following terms have the following meanings: (a) “Agency” means the California Environmental Protection Agency. (b) “Bay” means Morro Bay and its watershed. (c) “Plan” means the Morro Bay management plan developed pursuant to this division. (d) “State Estuary” means a saltwater bay or body of water and its watershed within the state where freshwater streams enter, that supports beneficial human uses and wildlife and merits high-priority action for preservation. (Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
  114. 28003.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. )

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    Morro Bay and San Diego Bay are each designated a State Estuary, and Morro Bay and its watershed are designated a State Estuary planning area.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. ) ## 28003. Morro Bay and San Diego Bay are each hereby designated a State Estuary. Morro Bay and its watershed are hereby designated a State Estuary planning area. (Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
  115. 28004.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. )

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    The agency must convene a task force to develop the Morro Bay Management Plan, and the task force must meet, seek approvals, report to the Legislature by July 1, 1997, make later recommendations, and end on June 30, 2007.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. ) ## 28004. (a) (1) The agency shall convene the Morro Bay Management Plan Task Force to develop the plan. The Central Coast Regional Water Quality Control Board shall be utilized to carry out necessary administrative functions, including selecting a temporary chairperson of the task force, until such time as the task force establishes its own organization, leadership, and procedures. The task force shall meet at least four times each calendar year. The task force shall submit the plan to the San Luis Obispo County Board of Supervisors and to the Morro Bay City Council for approval. Following that approval, the task force shall, on or before July 1, 1997, submit the plan to the Legislature. (2) On and after July 1, 1997, the task force shall, on an ongoing basis, make recommendations to the agency regarding the need for any revisions in the plan. (3) The task force shall terminate as of June 30, 2007. (b) The agency shall encourage all local, state, and federal agencies with jurisdiction over parts of, or activities within, the bay and its watershed to participate in the task force. The agency shall also encourage the participation of all interested business and agricultural groups, commercial organizations, environmental groups, and any other interested groups or individuals. (1) Participating agencies may include, but are not limited to, the agency, the National Guard, the Department of Parks and Recreation, the Department of Fish and Game, the Department of Corrections, the State Department of Health Services, the California Coastal Commission, the State Water Resources Control Board, the Central Coast Regional Water Quality Control Board, the Coastal San Luis Resource Conservation District, the State Coastal Conservancy, the California Conservation Corps, California Polytechnic State University San Luis Obispo, the University of California Agricultural Extension, the County of San Luis Obispo, and the City of Morro Bay. (2) Other participants may include, but are not limited to, the Pacific Gas and Electric Company, agricultural groups, commercial fishing, mariculture, and fish processing groups, local chambers of commerce, and members of the tourist industry. (3) The costs incurred by each voluntary participant in the task force shall be limited to the costs of its own participation at the meetings called by the chairperson of the task force. (Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
  116. 28005.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. )

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    The plan must include provisions to protect and enhance the bay’s health, give target completion dates for related actions and projects, include participation by state and local agencies, and identify needed research for future plan revisions.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. ) ## 28005. The plan shall include provisions for the protection and enhancement of every aspect of the health of the bay. Proposed actions and projects for those purposes shall have target dates for completion and provisions for participation by state and local agencies in those actions and projects. The plan shall identify research that is needed to make future decisions in revising the plan. (Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
  117. 28006.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. )

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    This provision says the division does not provide funds for the plan, but public agencies are encouraged to allocate funds and private foundations, businesses, and nonprofit corporations are urged to donate funds.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. ) ## 28006. This division does not provide any funds to carry out the plan. However, state, local, and federal agencies are hereby encouraged to allocate funds to carry out the plan. Private foundations, businesses, and nonprofit corporations are urged to donate funds to achieve the objectives of the plan. (Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
  118. 28007.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. )

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    The agency must hold a task force meeting every two years after the plan is submitted to the Legislature, to review the plan’s effectiveness and make any needed revisions.

    ## Public Resources Code - PRC ## DIVISION 18. MORRO BAY MANAGEMENT PLAN [28000 - 28007] ( Division 18 added by Stats. 1994, Ch. 52, Sec. 1. ) ## 28007. At two-year intervals after the plan is submitted to the Legislature, the agency shall call a task force meeting to evaluate the effectiveness of the plan and to make any necessary revisions in the plan. The revisions shall be subject to the same approval process as the original plan. (Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
  119. 2801.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. )

    Verify source ↗

    This section defines several earthquake-related terms used in the chapter.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. ) ## 2801. As used in this chapter: (a) “Long-term prediction” means a prediction of an earthquake that is expected to occur within a few years up to a few decades. (b) “Intermediate-term prediction” means a prediction of an earthquake that is expected to occur within a period of a few weeks to a few years. (c) “Short-term prediction” means a prediction of an earthquake that is expected to occur within a few hours to a few weeks. (d) “Parkfield prototype earthquake prediction system” means a dense cluster of instruments along the Parkfield section of the San Andreas fault which monitors earthquake activity, local distortion of the Earth’s crust, strain levels, creep adjustments along the fault, and other phenomena which may be useful in making a short-term earthquake prediction. (e) “Parkfield characteristic earthquake” means an earthquake that has, among other qualities, a magnitude between 5.5 and 6.0 on the Richter scale, and occurs on a location somewhere along the 15-mile section of the San Andreas fault that is centered in the City of Parkfield. (Added by Stats. 1985, Ch. 1198, Sec. 1. Effective September 29, 1985.)
  120. 2802.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. )

    Verify source ↗

    The department must work with the U.S. Geological Survey to develop a prototype earthquake prediction system near Parkfield, include monitoring instrumentation, analyze data continuously, avoid duplicating existing efforts, and report progress on the specified schedule.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. ) ## 2802. (a) The department shall develop jointly with the United States Geological Survey a prototype earthquake prediction system along the central San Andreas fault near the City of Parkfield. (b) The system shall include a dense cluster of seismic and crustal deformation instrumentation capable of monitoring geophysical and geochemical phenomena associated with earthquakes in the region. These data shall be analyzed continuously to determine if precursory anomalies can be identified with sufficient certainty to make a short-term prediction. The department shall not duplicate any of the ongoing efforts of the United States Geological Survey or any public or private college or university in the development of this system. (c) In meeting its obligations under this chapter, the department shall develop, in cooperation with the United States Geological Survey, a plan for completion of the Parkfield instrumentation network. The plan shall provide for all of the following: (1) Augmentation of monitoring instruments with the goal of detecting precursors of the Parkfield characteristic earthquake. (2) Operation by the department of a remote data review station in Sacramento which will provide state scientists with data from the Parkfield prototype earthquake prediction system and other data, as required, to advise the Office of Emergency Services of the occurrence of precursors and verification of the predicted event. (3) Advising the United States Geological Survey, the Office of Emergency Services, the Seismic Safety Commission, and the California Earthquake Prediction Evaluation Council, regarding the department’s review of Parkfield data. (d) On January 1, 1987, the department shall issue a progress report to the Governor, the Legislature, and the Seismic Safety Commission. An annual progress report shall be made each year thereafter. The project shall terminate on January 1, 1992, unless extended by statute. (Amended by Stats. 2013, Ch. 352, Sec. 474. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  121. 2803.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must develop a comprehensive emergency response plan for short-term earthquake predictions, with consultation and required plan elements.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. ) ## 2803. (a) Concurrently with the development of the Parkfield prototype earthquake prediction system, the Office of Emergency Services, in consultation with the California Earthquake Prediction Evaluation Council, shall develop a comprehensive emergency response plan for short-term earthquake predictions. The plan shall include all of the following: (1) A method of peer review involving the California Earthquake Prediction Evaluation Council to evaluate the validity of short-term earthquake predictions and to develop guidelines for initiating state action in response to anomalous geochemical and geophysical phenomena. (2) A means of rapidly activating governmental response to a predicted event. (3) Plans for mitigating earthquake losses to vulnerable populations, including, but not limited to, drawdown of impoundment levels behind dams, positioning of emergency equipment in safe areas, and mobilization of firefighting, law enforcement, rescue, and medical personnel. (4) A public warning system. (5) Strategies for dealing with earthquake predictions that fail to occur (false alarms) and the failure of an earthquake prediction system to forecast a damaging event. (b) The Office of Emergency Services shall consult with the department, the Seismic Safety Commission, the United States Geological Survey, and the Federal Emergency Management Agency in the development of the plan. (Amended by Stats. 2013, Ch. 352, Sec. 475. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  122. 2804.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. )

    Verify source ↗

    The department and the Seismic Safety Commission may ask for and receive gifts and grants to help pay the state’s share of costs under this chapter.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 10. Earthquakes [2800 - 2804] ( Chapter 10 added by Stats. 1985, Ch. 1198, Sec. 1. ) ## 2804. The department and the Seismic Safety Commission may solicit and receive gifts and grants from other public and private agencies for the state’s share of costs under this chapter. (Added by Stats. 1985, Ch. 1198, Sec. 1. Effective September 29, 1985.)
  123. 2805.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 11. Earthquake Education [2805 - 2808] ( Chapter 11 added by Stats. 1984, Ch. 1558, Sec. 1. )

    Verify source ↗

    This chapter is named the California Earthquake Education Act of 1984 and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 11. Earthquake Education [2805 - 2808] ( Chapter 11 added by Stats. 1984, Ch. 1558, Sec. 1. ) ## 2805. This chapter shall be known and may be cited as the California Earthquake Education Act of 1984. (Added by Stats. 1984, Ch. 1558, Sec. 1.)
  124. 2806.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 11. Earthquake Education [2805 - 2808] ( Chapter 11 added by Stats. 1984, Ch. 1558, Sec. 1. )

    Verify source ↗

    The Legislature states that California faces ongoing earthquake risk and supports earthquake safety education and statewide program implementation.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 11. Earthquake Education [2805 - 2808] ( Chapter 11 added by Stats. 1984, Ch. 1558, Sec. 1. ) ## 2806. The Legislature hereby finds and declares as follows: (a) California has recently experienced and will continue to experience in the foreseeable future damaging earthquakes of moderate to great magnitude. Efforts have been needed to increase the awareness of earthquake hazards through education so that future losses of life, injuries, loss of property, and social disruption will be minimized when those events occur. (b) Because of a lack of any state or local earthquake safety education program, it has been necessary for the state to assume leadership through the policy and guidance of the Seismic Safety Commission to develop and test earthquake safety programs which provide informational material to schools and the general public for minimizing potential disruption and loss of life. (c) Since the pilot earthquake safety education and preparedness programs developed under the California Earthquake Education Act of 1981 have been tested, their effectiveness analyzed, and they have been deemed successful by the Seismic Safety Commission, the Legislature believes that it is appropriate, as stated by the Earthquake Education Act of 1981, that those programs be distributed and implemented throughout the earthquake-prone areas of the state. (d) It is necessary that funds be appropriated to the Seismic Safety Commission from the General Fund for the purpose of expanding the earthquake safety program for statewide implementation over the next three years which, when completed, will constitute for the first time in history, a comprehensive, statewide self-supporting earthquake safety education program. (Added by Stats. 1984, Ch. 1558, Sec. 1.)
  125. 2807.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 11. Earthquake Education [2805 - 2808] ( Chapter 11 added by Stats. 1984, Ch. 1558, Sec. 1. )

    Verify source ↗

    This section creates the California Earthquake Education Project (CALEEP) for statewide earthquake safety education and preparedness, allows the Seismic Safety Commission to contract with the University of California, and directs the project to promote and use CALEEP materials and build relationships with education and local government groups.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 11. Earthquake Education [2805 - 2808] ( Chapter 11 added by Stats. 1984, Ch. 1558, Sec. 1. ) ## 2807. (a) There is hereby established a project for the implementation of a statewide program of earthquake safety education and preparedness entitled the California Earthquake Education Project (CALEEP). The Seismic Safety Commission may contract with the University of California to carry out the project. The project shall focus on identifying state and local leadership interested in using the CALEEP materials, disseminating those materials, and utilizing the materials. (b) The project shall develop a relationship with the State Department of Education, interested teacher’s education computer centers statewide, and interested counties and school districts. (Added by Stats. 1984, Ch. 1558, Sec. 1.)
  126. 2808.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 11. Earthquake Education [2805 - 2808] ( Chapter 11 added by Stats. 1984, Ch. 1558, Sec. 1. )

    Verify source ↗

    This section states the project’s objectives for earthquake education and public outreach.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 11. Earthquake Education [2805 - 2808] ( Chapter 11 added by Stats. 1984, Ch. 1558, Sec. 1. ) ## 2808. The objectives of the project are all of the following: (a) Developing public awareness regarding the causes of earthquakes, the forces and effects of earthquakes, and the need for school and community action in coping with earthquake hazards. (b) Promoting understanding of the impact of earthquakes on natural features and man-made structures. (c) Motivating the public to establish measures prior, during, and after earthquakes to ensure their public safety. (d) Disseminating, as widely as possible throughout the state, the program and project materials. (Added by Stats. 1984, Ch. 1558, Sec. 1.)
  127. 2810.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. )

    Verify source ↗

    The section states legislative findings about earthquake risk and describes state preparedness programs and assistance activities.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. ) ## 2810. The Legislature finds and declares all of the following: (a) Most of the state’s major metropolitan areas are subject to potentially devastating, large magnitude earthquakes. (b) Earth scientists estimate that there is greater than a 50 percent probability that one or more damaging earthquakes will occur in these metropolitan areas between now and the end of the century. (c) The commission, in conjunction with other local, state, and federal agencies, has initiated programs to prepare the state for responding to the threat of major earthquakes. The first program, the Southern California Earthquake Preparedness Project, is administered by the office. The commission has since initiated a similar effort in northern California, the Bay Area Regional Earthquake Preparedness Project. (d) Through the work of the Southern California Earthquake Preparedness Project and the Bay Area Regional Earthquake Preparedness Project, earthquake mitigation and preparedness plans, procedures, and educational materials have been developed and used to encourage and support local jurisdictions’ preparedness activities in both southern and northern California. (e) Since July 1, 1984, the commission and the office have jointly carried out a comprehensive earthquake preparedness program by providing planning and technical assistance as follows: (1) To local jurisdictions, volunteer agencies and associations, and private-sector organizations, to develop and implement hazard mitigation and prevention programs to reduce earthquake vulnerability. (2) To improve regionwide preparedness and response capabilities. (3) To stimulate and promote innovative preparedness planning activities by local jurisdictions. (f) The activities of the Southern California Earthquake Preparedness Project and the Bay Area Regional Earthquake Preparedness Project have successfully encouraged and supported local programs that reduce potential earthquake hazards and increase preparedness capabilities of participating jurisdictions and raise the level of citizens’ awareness of, and preparedness for, earthquakes. (Added by Stats. 1986, Ch. 1115, Sec. 2.)
  128. 2811.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. )

    Verify source ↗

    This section defines several terms used in the chapter.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. ) ## 2811. As used in this chapter: (a) “Agency” or “office” means the Office of Emergency Services. (b) “Commission” means the Seismic Safety Commission. (c) “Local jurisdiction” means a city, county, or district. (d) “Preparedness” means long-term preearthquake hazard mitigation, reconstruction, and recovery planning and preparation for emergency response. (Amended by Stats. 2013, Ch. 352, Sec. 476. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  129. 2812.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. )

    Verify source ↗

    Projects authorized by this chapter must promote voluntary earthquake-preparedness actions, and they may provide assistance and participate in preparedness and training activities.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. ) ## 2812. (a) The projects authorized by this chapter shall promote voluntary actions by local jurisdictions, volunteer agencies and associations, and private organizations which address all aspects of seismic safety, including, but not limited to, mitigation, public information and education, response, and recovery planning. (b) The projects may do all of the following: (1) Provide planning and technical assistance for developing and implementing earthquake hazard mitigation and loss prevention programs that reduce earthquake vulnerability. (2) Provide planning and technical assistance to improve regional, local, community, corporate, and public and private school preparedness. (3) Provide planning and technical assistance to local jurisdictions to improve regional and local agencies’ response capabilities for predicted and unpredicted earthquakes. (4) Participate with local, regional, state, and federal agencies, councils of government, and private organizations in providing education and training workshops and conferences on comprehensive earthquake preparedness. (5) Promote innovative approaches by local jurisdictions in the areas of public education and individual, community, and private-sector preparedness. (Added by Stats. 1986, Ch. 1115, Sec. 2.)
  130. 2814.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. )

    Verify source ↗

    The Office of Emergency Services must carry out the earthquake preparedness activities in this chapter, and the commission must coordinate with it using scientific information from the survey.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. ) ## 2814. The earthquake preparedness activities established under this chapter shall be carried out by the Office of Emergency Services. The commission and Office of Emergency Services shall work together and use appropriate scientific information and recommendations provided by the survey. Other arrangements to coordinate the activities established by this chapter shall be made, through mutual agreement, by the commission and the Office of Emergency Services. A local advisory board shall be established to provide advice and guidance on project activities in the Counties of San Diego, Imperial, and Santa Barbara. (Amended by Stats. 2017, Ch. 521, Sec. 50. (SB 809) Effective January 1, 2018.)
  131. 2815.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. )

    Verify source ↗

    The Office of Emergency Services may make agreements and handle funds for earthquake preparedness programs, and the commission and the Office must seek help from appropriate federal agencies.

    ## Public Resources Code - PRC ## DIVISION 2. GEOLOGY, MINES AND MINING [2001 - 2815] ( Heading of Division 2 amended by Stats. 1965, Ch. 1143. ) ## CHAPTER 12. Earthquake Preparedness [2810 - 2815] ( Chapter 12 added by Stats. 1986, Ch. 1115, Sec. 2. ) ## 2815. The Office of Emergency Services may enter into agreements with local, regional, and federal agencies, councils of government, and private organizations and contractors, and may receive and expend funds provided by those entities in support of comprehensive earthquake preparedness programs authorized by this chapter. The commission and Office of Emergency Services shall seek assistance from appropriate federal agencies. (Amended by Stats. 2013, Ch. 352, Sec. 478. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  132. 29000.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This division may be cited as the Suisun Marsh Preservation Act of 1977.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29000. This division shall be known and may be cited as the Suisun Marsh Preservation Act of 1977. (Added by Stats. 1977, Ch. 1155.)
  133. 29002.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature states that Suisun Marsh is a valuable natural resource and that state policy is to preserve and protect it for present and future generations.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29002. The Legislature hereby finds and declares that the Suisun Marsh, consisting of approximately 55,000 acres of marshland and 30,000 acres of bays and sloughs, and comprising almost 10 percent of the remaining natural wetlands in California, plays an important role in providing wintering habitat for waterfowl of the Pacific Flyway; that during years of drought the area becomes particularly important to waterfowl by virtue of its large expanse of aquatic habitat and the scarcity of such habitat elsewhere; that the area provides critical habitat for other wildlife forms, including such endangered, rare, or unique species as the peregrine falcon, white-tailed kite, golden eagle, California clapper rail, black rail, salt-marsh harvest mouse, and Suisun shrew; that the existence of this wide variety of wildlife is due to the relatively large expanse of unbroken native habitat and the diversity of vegetation and acquatic conditions that prevail in the marsh; that man is an integral part of the present marsh ecosystem and, to a significant extent, exercises control over the widespread presence of water and the abundant source of waterfowl foods; that the Suisun Marsh represents a unique and irreplaceable resource to the people of the state and nation; that future residential, commercial, and industrial developments could adversely affect the wildlife value of the area; and that it is the policy of the state to preserve and protect resources of this nature for the enjoyment of the current and succeeding generations. (Added by Stats. 1977, Ch. 1155.)
  134. 29003.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature states that preserving Suisun Marsh requires measures to protect water quality, improve water management, support waterfowl food plants, provide supplemental water supplies, prevent degradation from human use, and define a wildlife buffer area.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29003. The Legislature further finds and declares that, in order to preserve the integrity and assure continued wildlife use of the Suisun Marsh, including the preservation of its waterfowl-carrying capacity and retention of the diversity of its flora and fauna, there is a need for all of the following: (a) Provisions for establishment and maintenance of adequate water quality. (b) Improvement of present water management practices, including drainage and other water control facilities within the Suisun Marsh. (c) Establishment of criteria for the production of valuable waterfowl food plants. (d) Provisions for future supplemental water supplies and related facilities to assure that adequate water quality will be achieved within the wetland areas. (e) Development and implementation of plans and policies to protect the marsh from degradation by excessive human use. (f) Definition and establishment of a buffer area consisting of upland areas that have high wildlife values themselves and also contribute to the integrity and continued wildlife use of the wetlands within the marsh. (Added by Stats. 1977, Ch. 1155.)
  135. 29004.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature finds that prior studies led to the Suisun Marsh Protection Plan, and that the plan’s recommendations are implemented through this division.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29004. The Legislature further finds and declares as follows: (a) That the San Francisco Bay Conservation and Development Commission and the Department of Fish and Game, pursuant to the Nejedly-Bagley-Z’berg Suisun Marsh Preservation Act of 1974 (former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code), have made a detailed study of the Suisun Marsh; that there has been extensive participation by other governmental agencies, private interests, and the general public in the study; and that, based on the study, the commission has prepared the Suisun Marsh Protection Plan for the orderly and long-range conservation, use, and management of the natural, scenic, recreational, and manmade resources of the marsh. (b) That the Suisun Marsh Protection Plan contains a series of recommendations which require implementation by the Legislature; and, accordingly, these recommendations are implemented in the manner provided in this division. (Added by Stats. 1977, Ch. 1155.)
  136. 29005.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature says Suisun Marsh management should rely heavily on local government and local land use planning, and that continued state planning and management through the San Francisco Bay Conservation and Development Commission is appropriate.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29005. The Legislature further finds and declares as follows: (a) That, to achieve maximum responsiveness to local conditions, public accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement. (b) That, to ensure maximum state and federal conformity with the provisions of this division; to protect regional, state, and national interests in assuring the maintenance of the long-term productivity of the Suisun Marsh; to avoid long-term costs to the public and a diminished quality of life resulting from the misuse of the marsh; to coordinate and integrate the activities of the many agencies whose activities impact the marsh; and to supplement the activities of such agencies in matters not properly within the jurisdiction of any existing agency; it is appropriate to provide for continued state planning and management through the San Francisco Bay Conservation and Development Commission, which since 1965 has exercised jurisdiction over a substantial portion of the Suisun Marsh pursuant to Title 7.2 (commencing with Section 66600) of the Government Code. (Added by Stats. 1977, Ch. 1155.)
  137. 29006.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section says the division does not limit certain local government powers, the Attorney General’s ability to seek an injunction, or any person’s right to bring appropriate relief against a private nuisance.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29006. No provision of this division is a limitation on any of the following: (a) On the power of a city, county, or district, except as otherwise limited by state law, to adopt and enforce regulations, in addition to, and not in conflict with, the requirements of this division, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity that might adversely affect the resources of the marsh. (b) On the power of any city, county, or district to declare, prohibit, and abate nuisances. (c) On the power of the Attorney General to bring an action in the name of the people of the state on his own motion or at the request of any state agency having standing under provisions of law other than this division, to enjoin any waste or pollution of the marsh or any nuisance. (d) On the right of any person to maintain an appropriate action for relief against a private nuisance or any other private relief. (Added by Stats. 1977, Ch. 1155.)
  138. 29007.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The public has a right to participate in government decisions about planning, conservation, and development affecting the Suisun Marsh.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29007. The Legislature further finds and declares that the public has a right to participate fully in governmental decisions affecting planning, conservation, and development of the Suisun Marsh; that achievement of sound protection of the marsh is dependent upon public understanding and support; and that continuing planning and implementation of programs for marsh protection should include the opportunity for public participation. (Added by Stats. 1977, Ch. 1155.)
  139. 29008.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Within the specified area, both the San Francisco Bay Plan and the Suisun Marsh Protection Plan apply; if they conflict, the Suisun Marsh Protection Plan controls.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29008. The Legislature further finds and declares that the Suisun Marsh Protection Plan is a more specific application of the general, regional policies of the San Francisco Bay Plan prepared and administered by the San Francisco Bay Conservation and Development Commission pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, and is an appropriate supplement to those policies because of the unique characteristics of the Suisun Marsh. Therefore, the Legislature declares that the appropriate policies of both the San Francisco Bay Plan and the Suisun Marsh Protection Plan shall apply within any area that is within the commission’s jurisdiction, as defined in Section 66610 of the Government Code, and that is also within the marsh, as defined in Section 29101 of this code, except where the San Francisco Bay Plan and the Suisun Marsh Protection Plan may conflict. If a conflict occurs in a specific instance, the policies of the Suisun Marsh Protection Plan shall control. (Added by Stats. 1977, Ch. 1155.)
  140. 29009.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature states that land within or near the Suisun Marsh should be acquired for public use or resource management, and suitable facilities should be built for those purposes, if the land meets one or more listed criteria.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29009. The Legislature further finds and declares that land within or adjacent to the Suisun Marsh should be acquired for public use or resource management, or both, and facilities suitable for such purposes should be constructed thereon, if the land meets one or more of the following criteria: (a) It is suitable for passive recreational purposes such as fishing and nature observation and is located in the outer portions of the marsh near population centers or existing transportation routes, such as State Highway Route 12. (b) It is suitable for the purpose of restoring areas to tidal action or to marsh or managed-wetland conditions and such restoration cannot be required as a condition of private development. (c) It is suitable for providing additional wildlife habitat necessary to effective wildlife management, including consolidation of management units and improved public hunting opportunities. Acquisitions within this category should avoid privately owned property already managed as wildlife habitat unless offered for sale to the state. (Added by Stats. 1977, Ch. 1155.)
  141. 29010.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature finds that Suisun Marsh needs protection from salinity intrusion and expects any resolution of related water-management issues to protect the marsh from adverse impacts.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29010. (a) The Legislature further finds that: (1) The Suisun Marsh is located where the saltwater of the Pacific Ocean and the freshwater of the Sacramento and San Joaquin River Delta meet and mix; and because of its location, the marsh provides a transition zone between salt- and fresh-water habitats, creating a unique diversity of fish and wildlife habitats. (2) Water quality in the marsh is dependent on the salinity of the water in sloughs of the marsh, which depends in turn on the amount of freshwater flowing in from the delta. (3) Numerous upstream storage facilities, together with diversions of water from the delta and tributary streams of the delta, have substantially reduced the amount of freshwater flowing into the marsh from the delta. (4) Further substantial diversions are planned, and these diversions will have adverse impacts in the marsh through increased salinity intrusion unless adequate mitigation measures are taken. (5) Possible mitigation measures, including the development of other sources of freshwater for the marsh, have been under study by a variety of state and federal agencies. (6) Protection of the marsh from salinity intrusion, particularly protection through the development of alternative sources of freshwater for the marsh, cannot be considered independently of other issues relating to the management of California’s water resources, and discussions are now underway among various agencies of the state and federal governments to resolve such issues. (b) The Legislature, therefore, declares that it expects any resolution of these issues, whether by written agreement, federal legislation, state legislation, or any combination thereof, will protect the marsh from the adverse impacts of salinity intrusion and from any other significant adverse impacts. (Added by Stats. 1977, Ch. 1155.)
  142. 29011.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature declares that Suisun Marsh is fragile and should be protected from extensive human intrusion, while giving highest priority to public access on lands in public ownership.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29011. The Legislature further finds and declares that the Suisun Marsh is a fragile ecological system and that, in order to protect wildlife, many areas of the marsh should not be subject to extensive human intrusion. Highest priority, therefore, should be given to developing and maintaining opportunities for public access on lands currently in, or in the future to be in, public ownership. (Added by Stats. 1977, Ch. 1155.)
  143. 29012.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This division must be interpreted broadly to achieve its purposes and objectives.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29012. This division shall be liberally construed to accomplish its purposes and objectives. (Added by Stats. 1977, Ch. 1155.)
  144. 29013.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section says the division does not authorize permit decisions that would take or damage private property for public use without just compensation.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29013. The Legislature hereby finds and declares that this division is not intended to authorize, and shall not be construed as authorizing, the commission or local government acting pursuant to this division, to exercise their powers to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States. (Added by Stats. 1977, Ch. 1155.)
  145. 29014.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section limits the commission’s authority over development outside the Suisun Marsh, except where Chapters 3 or 5 expressly authorize it.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 1. General Provisions [29000 - 29014] ( Chapter 1 added by Stats. 1977, Ch. 1155. ) ## 29014. The Legislature finds and declares it is not its intent in enacting this division to grant the commission any authority over any development outside the Suisun Marsh, except as expressly authorized in Chapter 3 (commencing with Section 29200) and in Chapter 5 (commencing with Section 29400). Except as provided in Chapter 3 (commencing with Section 29200), neither the provisions of this division nor of the Suisun Marsh Protection Plan shall apply to any permit, development, or any other action or project which occurs outside of the marsh prior to the approval of the local protection program and its certification by the commission, as provided in Article 2 (commencing with Section 29410) of Chapter 5. (Added by Stats. 1977, Ch. 1155.)
  146. 29100.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The definitions in this chapter govern how this division is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29100. Unless the context requires otherwise, the definitions set forth in this chapter govern the interpretation of this division. (Added by Stats. 1977, Ch. 1155.)
  147. 29101.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “Suisun Marsh” or “marsh” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29101. “Suisun Marsh” or “marsh” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marshes, lowland grasslands, upland grasslands, and cultivated lands specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division. It includes both the primary and secondary management areas as shown on the Suisun Marsh Protection Plan Map and includes the entire right-of-way of any state highway that is designated as a portion of the boundary of the marsh. (Added by Stats. 1977, Ch. 1155.)
  148. 29101.5.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section says a specifically described parcel of land is not included in “Suisun Marsh.”

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29101.5. Notwithstanding Section 29101, “Suisun Marsh” does not include the real property described as follows: Beginning at a point in the easterly line of Section 32, T5N R1W, M.D.B. & M., said point being the northeast corner of the lands now or formerly of J.B. Lemon; thence along the north line of said lands of Lemon S 88° 15´ W 840 feet to the north line of the Pacific Gas and Electric Company Tower Line; thence along said Tower Line N 38° 10´ W 350 feet to an angle point; thence S 83° 00´ W 2,020 feet; thence leaving said Tower Line N 42° W 450 feet; thence N 55° W 700 feet; thence N 75° W 540 feet; thence S 73° W 910 feet to the easterly line of Section 31, T5N, R1W, M.D.B. & M.; thence along said line N 1° 30´ W 1,060 feet to a point 915.00 feet, measured at right angles, south of the south right-of-way line of State Highway Route 12; thence parallel with said State Highway N 89° 30´ W 3,840 feet to the easterly line of Grizzly Island Road; thence along said easterly line N 2° 30´ W 981 feet to the northerly right-of-way line of State Highway Route 12; thence along said line S 89° 30´ E 3,825 feet to said easterly line of Section 31; thence continuing along said northerly line in an easterly and southeasterly direction to said easterly line of said Section 32; thence along said easterly line southerly to the point of beginning. (Added by Stats. 1982, Ch. 1571, Sec. 5. Conditionally operative as prescribed by Sec. 6 of Ch. 1571.)
  149. 29102.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “Primary management area” as certain mapped marsh and grassland areas.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29102. “Primary management area” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marsh, and lowland grassland specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division. (Added by Stats. 1977, Ch. 1155.)
  150. 29103.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “secondary management area.”

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29103. “Secondary management area” means the upland grasslands, cultivated lands, and low-lying areas adjacent to the primary management area specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division. (Added by Stats. 1977, Ch. 1155.)
  151. 29104.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “watershed” and related water areas for this chapter.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29104. “Watershed” means the immediate watershed of the marsh upland from the secondary management area and located in the County of Solano, including those creeks, streams, channels, or other water areas in the County of Solano that are tributary to, or flow into, the marsh. “Creeks, streams, channels, or other water areas” includes areas that are riparian thereto. (Added by Stats. 1977, Ch. 1155.)
  152. 29105.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    “Managed wetland” means certain diked marsh areas where water is controlled or food plants are grown to improve habitat for waterfowl and other wildlife.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29105. “Managed wetland” means those diked areas in the marsh in which water inflow and outflow is artificially controlled or in which waterfowl food plants are cultivated, or both, to enhance habitat conditions for waterfowl and other water-associated birds, wildlife, or fish, regardless of whether such areas are used for hunting or fishing or nonconsumptive uses such as nature study, photography, and similar passive wildlife activities, or a combination of both such consumptive and nonconsumptive uses. (Added by Stats. 1977, Ch. 1155.)
  153. 29106.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “Commission” as the San Francisco Bay Conservation and Development Commission.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29106. “Commission” means the San Francisco Bay Conservation and Development Commission created by Title 7.2 (commencing with Section 66600) of the Government Code. (Added by Stats. 1977, Ch. 1155.)
  154. 29107.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “Department” as the Department of Fish and Game.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29107. “Department” means the Department of Fish and Game. (Added by Stats. 1977, Ch. 1155.)
  155. 29108.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    In this section, “County” means the County of Solano.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29108. “County” means the County of Solano. (Added by Stats. 1977, Ch. 1155.)
  156. 29109.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “local government” as the County of Solano and the Cities of Suisun City, Fairfield, and Benicia.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29109. “Local government” means the County of Solano and the Cities of Suisun City, Fairfield, and Benicia. (Added by Stats. 1977, Ch. 1155.)
  157. 29110.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    “District” is defined as a public agency, other than a local government, created under general law or special act for local governmental or proprietary functions within limited boundaries.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29110. “District” means any public agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. “District” includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, a mosquito abatement district, a resource conservation district, an irrigation district, a reclamation district, a sanitary or sewer district, or any other zone or area, formed for the purpose of designating an area within which either an assessment or a property tax rate will be levied to pay for a service or improvement benefiting that area or a special function will be carried out within that area. (Added by Stats. 1977, Ch. 1155.)
  158. 29111.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “local protection program.”

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29111. “Local protection program” means those provisions of general or specific plans; ordinances; zoning district maps; land use regulations, procedures, or controls; or any other programs, procedures, standards, or controls that are adopted, undertaken, or carried out by local governments, districts, or the Solano County Local Agency Formation Commission in and adjacent to the marsh, are submitted by the county to the commission pursuant to Chapter 5 (commencing with Section 29400), and meet the requirements of, and implement, this division and the Suisun Marsh Protection Plan at the local level. (Added by Stats. 1977, Ch. 1155.)
  159. 29112.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “local protection program component” (or “component”).

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29112. “Local protection program component” or “component” means a part of the local protection program that is prepared by or submitted to the county pursuant to Section 29411 or prepared by the Suisun Resource Conservation District pursuant to Section 29412.5 for inclusion in the local protection program. (Added by Stats. 1977, Ch. 1155.)
  160. 29113.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “Suisun Marsh Protection Plan,” “protection plan,” and “protection plan policies.”

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29113. (a) “Suisun Marsh Protection Plan” or “protection plan” means the Suisun Marsh Protection Plan prepared and adopted by the commission and submitted to the Governor and Legislature pursuant to former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code. The protection plan includes the Suisun Marsh Protection Plan Map and the Suisun Marsh Protection Plan Natural Factors Map prepared as a part of such plan. (b) “Protection plan policies” or “policies of the protection plan” means the policies set forth in Part II (pages 10 to 29, inclusive) of the protection plan. (Added by Stats. 1977, Ch. 1155.)
  161. 29114.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    “Development” is defined broadly to include construction, land or water use changes, waste disposal, grading, mining, demolition, and removal of major vegetation, with stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29114. (a) “Development” means on land, or in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water or in access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. (b) “Development” does not include either a change in the intensity of use of water or the removal or harvesting of major vegetation where such change, removal, or harvesting is to maintain or improve wildfowl habitat and does not have a significant, adverse effect on other fish and wildlife resources in the marsh. (Added by Stats. 1977, Ch. 1155.)
  162. 29115.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    “Feasible” means something can be done successfully within a reasonable time, considering economic, environmental, social, and technological factors.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29115. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Added by Stats. 1977, Ch. 1155.)
  163. 29116.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    “Permit” means a license, certificate, approval, or other entitlement for use that a public agency grants or denies under this division.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29116. “Permit” means any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division. (Added by Stats. 1977, Ch. 1155.)
  164. 29117.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section defines “person” and “aggrieved person.”

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 2. Definitions [29100 - 29117] ( Chapter 2 added by Stats. 1977, Ch. 1155. ) ## 29117. (a) “Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility; and the federal government, the state, any local government, or any district, or any agency thereof. (b) “Aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the local government in connection with the decision made or action appealed; or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns; or who for good cause was unable to do either of the foregoing. “Aggrieved person” includes the applicant for a permit; and, with respect to the approval of the local protection program, or any component thereof, any affected local government. (Amended by Stats. 1994, Ch. 1010, Sec. 216. Effective January 1, 1995.)
  165. 29200.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission is responsible for implementing this division and the protection plan, unless this division says otherwise.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. ) ## 29200. Unless expressly provided otherwise in this division, the commission shall have the primary state responsibility for the implementation of the provisions of this division and the protection plan. (Added by Stats. 1977, Ch. 1155.)
  166. 29201.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission may accept funding, appoint committees, hire professional services, sue or be sued, adopt regulations, and do other necessary acts to carry out this division.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. ) ## 29201. In carrying out its responsibilities under this division, and in addition to the specific powers and duties of the commission under Chapters 5 (commencing with Section 29400) and 6 (commencing with Section 29500), the commission may do all of the following: (a) Accept grants, contributions, and appropriations from any person. (b) Appoint committees from its membership and appoint advisory committees from other interested public and private groups. (c) Contract for or employ any professional services required by the commission or for the performance of work and services which in its opinion cannot satisfactorily be performed by its officers and employees or by other federal, state, or local governmental agencies. (d) Sue or be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction, including prohibitory and mandatory injunctions to restrain violations of this division. (e) Adopt regulations consistent with this division. (f) Do such other things as are necessary to carry out the purposes of this division and are consistent with this division. (Added by Stats. 1977, Ch. 1155.)
  167. 29202.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission may amend the protection plan, but only by resolution after public hearing and notice.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. ) ## 29202. (a) Consistent with this division, the commission may amend the protection plan. Such amendments shall be made by resolution of the commission adopted after a public hearing on the proposed change, of which adequate descriptive notice shall be given. Such descriptive notice shall include a general description of the changes, if any, that would be required in the certified local protection program and whether any changes would be required in the local protection program as it applies to any area outside the marsh. If the proposed amendment pertains to a policy of the protection plan, the resolution adopting the amendment may not be voted upon less than 90 days following notice of hearing on the proposed change and shall require the affirmative vote of two-thirds of the commission members. The resolution adopting any other amendment to the protection plan may not be voted on less than 30 days following notice of hearing on the proposed amendment and shall require the affirmative vote of a majority of the commission members. (b) Any local government or district or the Solano County Local Agency Formation Commission, if affected by any such amendment to the protection plan, shall, within one year from the effective date of such amendment, prepare and submit any amendments to the local protection program, or any component thereof, to bring such program or component into conformity with the amended protection plan. (c) No amendment to the policies of the protection plan that will require a change in the local protection program as it applies to the marsh or any area outside the marsh shall be effective until approved by the Legislature by statute if, within the 90-day period provided in subdivision (a), the local government having jurisdiction over any such area objects to such amendment in writing to the commission. (d) No amendment to the policies of the protection plan may require a change or amendment to the component of the local protection program prepared by the Suisun Resource Conservation District until it has been approved by the Legislature by statute if, within the 90-day period provided in subdivision (a), the department objects to such amendment in writing to the commission on the grounds that such amendment would be inconsistent with this division. (e) No amendment to the policies of the protection plan may require a change or amendment to the component of the local protection program prepared by the Solano County Mosquito Abatement District until it has been approved by the Legislature by statute if, within the 90-day period provided in subdivision (a), the Director of Health objects to such amendment in writing to the commission on the grounds that such amendment would be inconsistent with the applicable provisions of the Health and Safety Code. (Added by Stats. 1977, Ch. 1155.)
  168. 29203.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must prepare, adopt, file, and publish in a map the marsh’s primary and secondary management areas by March 1, 1978; after the map is filed, boundary changes need legislative approval by statute.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. ) ## 29203. Not later than March 1, 1978, the commission shall prepare and adopt a detailed map for the marsh, on a scale of one inch equals 24,000 inches, which shall show both the primary and secondary management areas, and which the commission shall file with the clerk of the county. Upon the filing of such map with the clerk of the county, no further changes in the boundaries of the marsh or the boundaries of the primary or secondary management areas shall be made without the approval of the Legislature by statute. (Added by Stats. 1977, Ch. 1155.)
  169. 29204.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must make necessary changes to the San Francisco Bay Plan and certain priority use area boundaries by July 1, 1978, and those changes do not need Legislature approval.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. ) ## 29204. Not later than July 1, 1978, the commission shall make any necessary changes in the San Francisco Bay Plan and in existing priority use area boundaries established pursuant to Section 66611 of the Government Code. Notwithstanding any provision to the contrary in Title 7.2 (commencing with Section 66600) of the Government Code, such changes shall not require the approval of the Legislature. (Added by Stats. 1977, Ch. 1155.)
  170. 29205.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission may use certain federal coastal-zone powers and may issue certificates or statements required by federal law, except for facilities defined in Section 25110.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 3. Responsibilities of the Commission [29200 - 29205] ( Chapter 3 added by Stats. 1977, Ch. 1155. ) ## 29205. (a) The marsh shall be considered part of the commission’s segment of the California coastal zone, and this division shall be part of the commission’s segment of California’s coastal zone management program, for purposes of the Coastal Zone Management Act of 1972 (P.L. 92-583; 16 U.S.C. 1451 et seq.) as amended, and any other federal act heretofore or hereafter enacted or amended that relates to the planning or management of coastal zone resources. (b) Except with respect to a facility defined in Section 25110, the commission may exercise any and all powers set forth in the Coastal Zone Management Act of 1972, as amended, or any amendment thereto, or any other federal act heretofore or hereafter enacted that relates to the planning or management of the marsh. In addition to any other authority, the commission may grant or issue any certificate or statement required pursuant to any such federal law that an activity of any person is in conformity with the provisions of this division. (Added by Stats. 1977, Ch. 1155.)
  171. 29300.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature states that state agencies should minimize duplication and conflicts when carrying out regulatory duties and responsibilities for this division.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29300. It is the intent of the Legislature to minimize duplication and conflicts among existing state agencies carrying out their regulatory duties and responsibilities in connection with the subject matter of this division. (Added by Stats. 1977, Ch. 1155.)
  172. 29301.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission may not adopt standards or regulations that duplicate controls already established by an existing state agency, except where this division expressly allows it.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29301. Except as otherwise expressly provided in this division, enactment of this division does not increase, decrease, duplicate, or supersede the authority of any existing state agency. This chapter does not limit in any way the regulatory controls over development provided in Chapters 5 (commencing with Section 29400) and 6 (commencing with Section 29500); except that the commission may not set standards or adopt regulations that duplicate regulatory controls established by any existing state agency pursuant to express statutory requirements or authorization. (Added by Stats. 1977, Ch. 1155.)
  173. 29302.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    State agencies must follow this division and the protection plan; state and federal agencies are exempt from certain permit requirements, and no agency or local government is required to meet specific water quality or delta outflow standards here.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29302. (a) This division imposes a judicially enforceable duty on state agencies to comply with, and to carry out their duties and responsibilities in conformity with, this division and the policies of the protection plan. (b) However, this division does not subject any agency of the state or federal government to the permit requirements of Sections 29502, 29503, and 29504. (c) Further, notwithstanding any policy of the protection plan to the contrary, nothing contained in this division requires any local government or state or federal agency to establish or meet a specific water quality standard in the marsh or to maintain a specific level of delta outflow. (Added by Stats. 1977, Ch. 1155.)
  174. 29303.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Legislature says this division, the protection plan, and the local protection program should serve as the common basis for state functional plans for the marsh.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29303. It is the intent of the Legislature that the provisions of this division, the protection plan, and the local protection program, or any component thereof, prepared pursuant to Chapter 5 (commencing with Section 29400) provide the common assumptions upon which state functional plans for the marsh are based in accordance with the provisions of Section 65036 of the Government Code. (Added by Stats. 1977, Ch. 1155.)
  175. 29304.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission may send recommendations to state agencies, and state agencies must review them and may have to report back if they are not implemented.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29304. (a) The commission may periodically submit to any state agency recommendations designed to encourage such agency to carry out its functions in a manner consistent with the policies of the protection plan. The recommendations may include proposed changes in regulations, rules, and statutes. (b) Such state agency shall review and consider such recommendations and shall, in the event the recommendations are not implemented, report to the commission or the Governor and the Legislature its action and the reasons therefor within six months after receipt of the recommendations. Such report shall also include the agency’s comments on any legislation which may have been proposed by the commission. (c) The procedures provided in this section do not relieve the commission of its responsibility to submit recommendations to other state agencies in a timely manner pursuant to existing procedures; and, to the maximum extent possible, the commission shall submit any recommendations authorized by subdivision (a) pursuant to such existing procedures. (Added by Stats. 1977, Ch. 1155.)
  176. 29305.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Wildlife Conservation Board must acquire land or water interests it finds suitable for the protection plan, and the department must build facilities when the board authorizes it.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29305. The Wildlife Conservation Board shall acquire title to, or a lesser right or interest in, land or water that the board determines is appropriate for the purposes of the protection plan. When authorized by the board, the department shall construct facilities that are suitable for the purpose for which the acquisitions were made. The acquisitions shall be made in accordance with the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code) and the criteria specified in Section 29009 of this code. (Amended by Stats. 2006, Ch. 538, Sec. 583. Effective January 1, 2007.)
  177. 29306.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The department and Fish and Game Commission are the primary agencies for wildlife and fishery management programs, and the San Francisco Bay Conservation and Development Commission may not add controls that duplicate or exceed theirs.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29306. (a) The department and the Fish and Game Commission are the state agencies that are primarily responsible for the establishment and control of wildlife and fishery management programs, and the San Francisco Bay Conservation and Development Commission may not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by such agencies pursuant to express statutory requirements or authorization. (b) The department shall have primary responsibility for carrying out fish and wildlife management programs in the marsh in accordance with the management recommendations in the protection plan on lands owned by the state and under the jurisdiction, control, or supervision of the department. (Added by Stats. 1977, Ch. 1155.)
  178. 29307.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The State Lands Commission has primary responsibility for carrying out protection-plan management recommendations on covered state lands, may review and comment on certain local protection programs before approval, and local powers cannot change its authority or related rights and duties.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29307. (a) The State Lands Commission shall have the primary responsibility, in accordance with the provisions of Division 6 (commencing with Section 6001), for carrying out the management recommendations in the protection plan on lands owned by the state and under the jurisdiction, control, or supervision of the State Lands Commission, including tidelands, submerged lands, swamp and overflowed lands, and beds of navigable rivers and streams. (b) Prior to approval by the San Francisco Bay Conservation and Development Commission pursuant to Chapter 5 (commencing with Section 29400), the State Lands Commission shall review, and may comment on, the proposed local protection program, or any component thereof, that could affect state lands. (c) No power granted to any local government or district under this division, shall change the authority of the State Lands Commission over granted or ungranted lands within its jurisdiction or change the rights and duties of its grantees, lessees, or permittees. (d) Boundary settlements between the State Lands Commission and other parties and any exchanges of land in connection therewith shall not be a development within the meaning of that term as used in this division. (e) Nothing in this division shall amend or alter the terms and conditions in any legislative grant of lands, in trust, to any local government or district; except, that any development on such granted lands shall, in addition to the terms and conditions of such grant, be subject to the regulatory controls provided by Chapter 6 (commencing with Section 29500). (Added by Stats. 1977, Ch. 1155.)
  179. 29308.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    All federal agencies must comply with this division and the protection plan policies, but only to the extent allowed by federal law, regulations, or the U.S. Constitution.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 4. Responsibilities of Other State and Federal Agencies [29300 - 29308] ( Chapter 4 added by Stats. 1977, Ch. 1155. ) ## 29308. All federal agencies, to the extent permitted under federal law or regulations or the United States Constitution, shall comply with this division and the policies of the protection plan. (Added by Stats. 1977, Ch. 1155.)
  180. 29400.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The county must prepare the marsh local protection program, and the program must match this division and the protection plan.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29400. The county shall prepare the local protection program for the marsh. The local protection program shall be consistent with the provisions of this division and the policies of the protection plan. (Added by Stats. 1977, Ch. 1155.)
  181. 29401.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The local protection program in the marsh must include specified planning, zoning, development, habitat, and erosion-control standards.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29401. Within the marsh the local protection program shall include, but not be limited to, the following: (a) Any amendments to general or specific plans applicable to any area within the marsh necessary to bring such plans into conformity with this division and the policies of the protection plan. (b) Enforceable standards for diking, flooding, draining, filling, and dredging of sloughs, managed wetlands, and marshes. (c) Enforceable standards for operation of septic tanks and wastewater discharges. (d) A management program prepared by the Suisun Resource Conservation District designed to preserve, protect, and enhance the plant and wildlife communities within the primary management area of the marsh, including, but not limited to, enforceable standards for diking, flooding, draining, filling, and dredging of sloughs, managed wetlands, and marshes. (e) Zoning ordinances or zoning district maps, or both, designating principal permitted uses on lands within the marsh, which ordinances or maps shall designate the existing agricultural and wildlife habitat uses of such lands as principal permitted uses of such lands. (f) Enforceable standards for development to ensure that any use of deepwater industrial and port areas near Collinsville designated on the Suisun Marsh Protection Plan Map is in conformity with the policies of the protection plan. (g) Enforceable standards for the design and location of any new development in the marsh to protect the visual characteristics of the marsh and, where possible, to enhance views of the marsh. (h) Enforceable standards for development designed (1) to minimize soil erosion, especially during construction in areas of soil instability, (2) to require special provisions for surface and subsurface drainage, (3) to ensure that grading restores, rather than disrupts, natural patterns and volumes of surface runoff, and (4) to limit construction of impermeable surfaces over naturally permeable soils and geologic areas, all to control erosion, sedimentation, and runoff within the marsh. (i) Enforceable standards for development adjacent to creeks and watercourses to protect riparian habitat and to prevent waterway modification or vegetation removal that increases sedimentation or runoff in or into the marsh, to an extent that a significant, adverse environmental impact will occur in the marsh. (Added by Stats. 1977, Ch. 1155.)
  182. 29402.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    Outside the marsh but within the watershed, the local protection program may include only certain ordinances.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29402. Outside the marsh, but within the watershed, the local protection program shall include only ordinances controlling grading, erosion, sedimentation, runoff, and creekside development that meet the requirements of subdivisions (h) and (i) of Section 29401. (Added by Stats. 1977, Ch. 1155.)
  183. 29403.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The county’s local protection program for the marsh must include parcel-size findings, enforceable limits on incompatible land division or development, standards against incompatible agricultural uses, and limits on certain special assessments on agricultural lands.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29403. Within the marsh, in addition to the requirements of Sections 29400 and 29401, the component of the local protection program prepared by the county shall include the following: (a) A determination of the minimum size parcels necessary for long-term agricultural use and productivity. (b) Enforceable standards limiting or prohibiting land divisions or other development that are inconsistent with protection of the marsh and continued agricultural use. (c) Enforceable standards precluding agricultural uses by type and intensity that are inconsistent with the long-term preservation of the marsh. (d) Limitations on special assessments against agricultural lands for the provision of public services, the demand for which is not generated by agricultural uses on such lands. (Added by Stats. 1977, Ch. 1155.)
  184. 29404.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The local protection program cannot require specific crops to be planted and harvested, or specific types or numbers of livestock to be grazed, on agricultural lands within or adjacent to the marsh.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29404. Notwithstanding the provisions of Section 29403, the local protection program may not include any provision requiring particular crops to be planted and harvested on agricultural lands within or adjacent to the marsh or particular types or numbers of livestock to be grazed on such lands. (Added by Stats. 1977, Ch. 1155.)
  185. 29405.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    For this area, the local protection program may include only county-prepared ordinances made with the City of Benicia that control grading, erosion, sediment, runoff, and creekside development and meet Section 29401 requirements.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29405. Notwithstanding the provisions of Sections 29400, 29401, 29402, and 29403, the local protection program for that portion of the secondary management area west of State Highway Route 680 and outside the city limits of the City of Fairfield as of January 1, 1977, may include only ordinances to be prepared by the county, in cooperation with the City of Benicia, which control grading, erosion, sediment, runoff, and creekside development and which meet the requirements of subdivisions (h) and (i) of Section 29401. Such ordinances shall take into consideration the seismic hazards and unusually erodible and landslide-prone soils at this location, and ensure that development, if any, in this portion of the secondary management area will not cause increased sedimentation within the marsh. (Amended by Stats. 1982, Ch. 413, Sec. 4.)
  186. 29406.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    For the described Fairfield-area local protection program, only certain zoning and grading/erosion-related ordinances may be included.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29406. Notwithstanding the provisions of Sections 29400, 29402, and 29403, the local protection program for the area that is located east of State Highway Route 680, southeast of State Highway Route 80, south of State Highway Route 12, and outside the marsh, and that is also located within the City of Fairfield, or within the sphere of influence of the City of Fairfield as such sphere of influence existed on January 1, 1977, may contain only (1) zoning ordinances implementing the land use designations of the Cordelia Area General Plan Diagram as adopted by the City of Fairfield on September 17, 1974, and which is a part of the Central Solano County General Plan and (2) ordinances controlling grading, erosion, sedimentation, runoff, and creekside development that meet the requirements of subdivisions (h) and (i) of Section 29401. (Added by Stats. 1977, Ch. 1155.)
  187. 29407.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    A local protection program may not block certain reasonable improvements, including single-family dwellings, or restrict certain agricultural land divisions in the covered area when the stated agricultural-use conditions are met.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29407. Notwithstanding the provisions of Sections 29400, 29401, and 29403, the local protection program for that portion of the secondary management area west of Shiloh Road and south of State Highway Route 12 may not prohibit construction of reasonable improvements (including construction of individual single-family dwellings) related to the long-term continuation of existing agricultural uses; nor shall the local protection program limit or prohibit divisions of agricultural land within or adjacent to this portion of the secondary management area if such divisions of land do not affect long-term continuation of compatible agricultural uses within, or adjacent to, the marsh. (Added by Stats. 1977, Ch. 1155.)
  188. 29408.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The local protection program may not block certain existing nonagricultural uses on specified sites, and it must require future uses of those sites to be compatible with marsh preservation and wildlife resources.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29408. The local protection program shall not preclude the continuation and expansion of existing nonagricultural uses on sites in Section 11 or 12 of Township 4 North, Range 1 West, Mount Diablo Baseline and Meridian, that were zoned for such uses as of January 1, 1977, and for the conduct of such uses so that they do not cause any substantial, adverse impact on the marsh. The local protection program shall also provide that any other use of these sites in the future shall be compatible with the preservation of the marsh and its wildlife resources. (Added by Stats. 1977, Ch. 1155.)
  189. 29409.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

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    The local protection program may not block a new solid waste disposal site in Potrero Hills if it is shown the site would not significantly harm the marsh ecologically or aesthetically.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29409. Notwithstanding the policies of the protection plan, the local protection program may not preclude the future development of a new solid waste disposal site in the Potrero Hills if it can be demonstrated that the construction and operation of solid waste facilities at that site would not have significant, adverse ecological or aesthetic impacts on the marsh. (Added by Stats. 1977, Ch. 1155.)
  190. 29409.5.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The local protection program component must follow this division and the protection plan policies, and it must be designed to encourage long-term agricultural use and wildlife use in the marsh area.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 1. Local Protection Program [29400 - 29409.5] ( Article 1 added by Stats. 1977, Ch. 1155. ) ## 29409.5. The component of the local protection program prepared by the Solano County Local Agency Formation Commission shall conform to this division and the policies of the protection plan, which shall govern its decisions. That component of the local protection program shall be specifically designed to encourage continued long-term agricultural use of lands within and adjacent to the marsh and continued wildlife use of lands within the marsh. (Added by Stats. 1977, Ch. 1155.)
  191. 29410.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    A local protection program may be submitted to the commission only if it meets the listed requirements.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29410. The local protection program, if it is otherwise consistent with the requirements of this division, may be submitted to the commission if both of the following requirements are met: (a) It is submitted pursuant to a resolution adopted after at least one public hearing by each local government and district having jurisdiction in the marsh and the Solano County Local Agency Formation Commission stating the local protection program is intended to be carried out in a manner fully in conformity with this division. (b) It contains materials sufficient for a thorough and complete review. (Added by Stats. 1977, Ch. 1155.)
  192. 29412.5.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The Suisun Resource Conservation District must send its local protection program component directly to the commission by January 1, 1979, and that component must include a water management program and necessary development details for each privately owned managed wetland in the primary management area.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29412.5. Notwithstanding Sections 29411 and 29412, the component of the local protection program prepared by the Suisun Resource Conservation District shall be submitted directly to the commission not later than January 1, 1979. Such component shall include a water management program for each managed wetland in private ownership within the primary management area and shall specify all necessary development related to such management. Such component shall be processed by the commission pursuant to Sections 29413, 29414, 29415, and 29416 with the remainder of the local protection program submitted by the county. (Added by Stats. 1977, Ch. 1155.)
  193. 29413.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must ask for comments on a local protection program after submission, and certain agencies or persons must respond within 60 days. The department and the Director of Health also have specific review duties for named program components.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29413. (a) Not less than 15 days after submission of the local protection program, or any component thereof, pursuant to Section 29412, the commission shall request comments on the program from the Department of Fish and Game, from the State Department of Health, from all local governments, and from such other governmental agencies and interested persons as the commission may determine would be of assistance in reviewing the proposed program. The department or any such agency or person shall provide its comments within 60 days of the commission’s request, and failure to provide comments within such time shall be deemed to mean that the department or any such agency or person has no comments to make. (b) In addition to its responsibilities under subdivision (a), the department shall specifically determine whether the component of the local protection program prepared by the Suisun Resource Conservation District is, in the opinion of the department, consistent with this division and the policies of the protection plan. (c) The Director of Health shall specifically determine whether the component of the local protection program prepared by the Solano County Mosquito Abatement District is in conformity with the applicable provisions of the Health and Safety Code. (Added by Stats. 1977, Ch. 1155.)
  194. 29414.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must hold a public hearing on the proposed program and give notice under Government Code Section 6066.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29414. After receipt of the comments requested under Section 29413, or the expiration of the 60-day time limit established in Section 29413, but in no event more than 90 days after receipt of the proposed local protection program, the commission shall hold a public hearing on the proposed program. The commission shall give notice pursuant to Section 6066 of the Government Code, commencing not less than 30 days before any such hearing. (Added by Stats. 1977, Ch. 1155.)
  195. 29415.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must review and certify a local protection program only if it meets the stated requirements, and it must not certify certain district components unless the relevant written determination has been made.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29415. (a) After the public hearing, the commission shall determine whether the proposed local protection program is in conformity with this division and the policies of the protection plan. The commission shall certify the local protection program, or any component thereof, if the commission finds that it in all respects meets the requirements of, and is in conformity with, this division and the policies of the protection plan. Certification of the local protection program, or any component thereof, shall require the affirmative votes of a majority of the commission members. If, within 120 days of receipt of the local protection program, the commission has not voted on whether or not to certify it, it shall be deemed certified. (b) The commission shall not certify the component of the local protection program, or any amendment thereto, prepared by the Suisun Resource Conservation District unless the department determines, in writing, pursuant to subdivision (b) of Section 29413, that such component or amendment is consistent with this division and the policies of the protection plan. (c) The commission shall not certify the component of the local protection program, or any amendment thereto, prepared by the Solano County Mosquito Abatement District unless the Director of Health has determined in writing, pursuant to subdivision (c) of Section 29413, that such component is in conformity with the applicable provisions of the Health and Safety Code. (Added by Stats. 1977, Ch. 1155.)
  196. 29416.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    If the commission does not certify a proposed local protection program, it must give written notice, explain which parts do not conform, and return the program to the county.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29416. If the commission fails to certify the proposed local protection program, the commission shall give written notice of its action, specifying the portions of the local protection program that are not in conformity with the provisions of this division and the protection plan, and shall return the proposed program to the county, which shall advise any affected local government or district, or the Solano County Local Agency Formation Commission if affected, of the commission’s action. (Added by Stats. 1977, Ch. 1155.)
  197. 29417.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

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    The county may revise and resubmit the local protection program to the commission. If the county does not do so, certain local bodies may submit their part directly to the commission for approval.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29417. The county may revise and resubmit the local protection program to the commission in accordance with the provisions of this division. In the event the county declines to revise the local protection program and resubmit it to the commission, any local government, district, or the Solano County Local Agency Formation Commission may submit its component of the local protection program to the commission directly for approval in accordance with the provisions of this division. (Added by Stats. 1977, Ch. 1155.)
  198. 29418.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    This section lets certain local bodies amend the local protection program after commission certification, but the amendment must comply with the division and protection plan and be submitted to the commission.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29418. (a) After certification by the commission, the local protection program, or any component thereof, may be amended by the appropriate local government or district, or the Solano County Local Agency Formation Commission if appropriate. Any such amendment shall meet, in all respects, the requirements of, and be in conformity with, this division and the policies of the protection plan. (b) Any proposed amendment to the local protection program, or any component thereof, shall be submitted directly to the commission by the appropriate local government or district, or the Solano County Local Agency Formation Commission if appropriate. If the amendment would affect any area in the marsh, it shall be processed by the commission in accordance with the provisions of Sections 29413, 29414, 29415, and 29416. (c) The commission shall establish, by regulation, a procedure whereby amendments proposed by a local government, district, or the Solano County Local Agency Formation Commission to the local protection program, or any component thereof, may be reviewed and designated by the executive director of the commission as being minor in nature. Proposed amendments designated as minor shall not be subject to the provisions of Sections 29412, 29413, 29414, 29415, and 29416 and shall take effect on the 10th working day after such designation. Amendments that allow changes in uses may not be designated as minor. (d) For the purpose of this section an amendment of the local protection program, or any component thereof, includes, but is not limited to, any action by a local government, district, or the Solano County Local Agency Formation Commission that authorizes a use of a parcel of land other than that designated in the local protection program as a permitted use of such parcel. (Added by Stats. 1977, Ch. 1155.)
  199. 29419.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    A local protection program or amendment does not take effect until it is formally adopted and certified; amendments affecting areas outside the marsh also require a public hearing, written notice, and submission steps.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29419. (a) The local protection program, any component thereof, or any amendment, shall not take effect until it has been formally adopted by the responsible local government or district, or the Solano County Local Agency Formation Commission if responsible, and certified by the commission. (b) Any amendment, or portion of any amendment, to the local protection program that would affect any area outside the marsh shall not be effective until the governing body of the local government or district has (1) held a public hearing on the proposed amendment, of which at least 30 days’ notice has been given; (2) notified the commission and the county in writing of the nature and text of the proposed amendment at least 30 days prior to adoption, which notification shall be accompanied by a resolution adopted by the governing body stating that the amendment is consistent with this division and the policies of the protection plan; and (3) submitted the amendment as adopted to the commission and the county. (Added by Stats. 1977, Ch. 1155.)
  200. 29420.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. )

    Verify source ↗

    The commission must grant a county an extension of certain submission deadlines when requested, and it may extend other chapter deadlines for good cause, but not beyond the stated limits.

    ## Public Resources Code - PRC ## DIVISION 19. SUISUN MARSH PRESERVATION [29000 - 29612] ( Division 19 added by Stats. 1977, Ch. 1155. ) ## CHAPTER 5. Responsibilities of the Commission and Local Agencies [29400 - 29433] ( Chapter 5 added by Stats. 1977, Ch. 1155. ) ## ARTICLE 2. Procedure for Preparation and Certification of the Local Protection Program [29410 - 29424] ( Article 2 added by Stats. 1977, Ch. 1155. ) ## 29420. (a) Upon request to the commission, the commission shall grant to the county an extension of the time limit provided in Section 29412 for submission to the commission of the local protection program, or of the time limit provided in Section 29411 for submission to the county of any local protection program component; provided, however, that no extension hereunder may authorize submission of the local protection program, or any component thereof, after January 1, 1980. (b) The commission may extend, for a period not to exceed one year, any other time limitation established by this chapter for good cause. (Added by Stats. 1977, Ch. 1155.)

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