SB209

[fowledup]

SB 209 is on the agenda for MONDAY, JULY 13TH IN SACRAMENTO.
209 is further regulation on mining. Here is a letter from TSF being sent to the committee:
July 6, 2015

Chairman Das Williams
California State Assembly Natural Resources Committee
Sacramento, CA 95814
Fax: (916) 319-2092

Re: Support SB 209

Dear Honorable Assemblymember Williams,

I am writing to urge your support for passage of SB 209, a bill to improve enforcement of the Surface Mining and Reclamation Act (SMARA) by lead agencies. The bill will be heard next Monday, July 13 in the Assembly Natural Resources Committee.

Reform of SMARA is a top priority for the Governor, conservation organizations and community members that live around or on active mines. This bill is the topic of a “stakeholder process” that was started in the Governor’s Conference Room on Monday March 16, 2015. Ideas that emerge from these meetings that will strengthen and support consistent enforcement of SMARA by lead agencies will be incorporated into SB 209.

The State has an interest in regulating mining to ensure that a mine is operated in compliance with its locally issued permit, which protects the State’s water and air from contamination, and to ensure that when the mine ceases operation it is remediated to be ready for a beneficial end use. Prior to SMARA’s enactment in 1975, mines were not required to undergo reclamation at the end of operation, and as a result California has 47,000 un-reclaimed, abandoned legacy mines that pose a serious threat to the health and safety of all Californians.

SB 209 is a good start to addressing these issues. We ask for your “aye” vote on this bill.

Sincerely,

Izzy Martin

____________________________________________

Obviously we want miners voices heard at this hearing. Please consider writing and faxing your own version of the letter. Mellisa's version is here:

July 6, 2015

Chairman Das Williams
California State Assembly Natural Resources Committee
Sacramento, CA 95814
Fax: (916) 319-2092

Re: Oppose SB 209

Dear Honorable Assemblymember Williams,

I am writing to encourage your opposition to passage of SB 209, an unnecessary bill having to do with enforcement of the Surface Mining and Reclamation Act (SMARA) by lead agencies.

The bill will be heard next Monday, July 13 in the Assembly Natural Resources Committee.

Reform of SMARA is not necessary. This bill is just another strong arm tactic of environmental groups like The Sierra Fund who can't seem to leave California alone. I seriously doubt 'lead agencies' need the busybodies who wrote SB 209 involved in their business and how they operate their agents and agencies.

Through SMARA, the State is already regulating mining to ensure that a mine is operated in compliance with its locally issued permit, which protects the State’s water and air from contamination, and ensures that when the mine ceases operation it is remediated to be ready for a beneficial end use.

SB 209 is a waste of time, energy, and money. I ask for your “no” vote on this bill.

Sincerely,
Mellisa Fernandez

 

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[Clay Diggins]

Do you have a link to the proposed Bill fowledup? Hard to get excited if we can't see what the proposal is. Is it SB 207 (In the title of the post) or SB 209?

As far as SMARA and your claim you can relax. SMARA exempts what you, and 99% of the people who post here, do on their claims.

From SMARA:

§ 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.

§ 2714. This chapter does not apply to any of the
following activities:

• (d) Prospecting for, or the extraction of, minerals for commercial purposes where the removal of overburden or mineral product total 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.

As you can see SMARA, Izzy and his buddies don't have anything to do with you or your claim. Most people here would have to work their claims for 8 years full time before they would meet the 1,000 yard trigger. Keep each dig under 1,000 yards and you can mine up to an acre. That's easily a lifetime of small mining without SMARA applying to your claim.

I work with companies where 100 yards an hour is a small operation. They would meet the 1,000 yard maximum in a couple of days. They are used to dealing with these regulations but would be very interested in what these new proposals are. Just asking us to write letters objecting to something we haven't even read isn't enough to get action that's meaningful. I, for one, need to know specifics before I can even consider acting.

Heavy Pans

 

[fowledup]

Clay -Yeah, I was busy editing and retracting my statements while you were typing. Once my paranoia subsided and I actually read the whole deal (Educate) I realized we were fine (and Prosper) LOL.....yep the taste of shoe leather still sucks!

 

[fowledup]

2015 California Mining Legislation - Harrison, Temblador, Hungerford & Johnson LLP
SB 209 Senate Bill - Bill Analysis
https://www.sierrafund.org/smara-bill-sb-209-introduced/

 

[Clay Diggins]

It would still be a good thing to know what the proposal is (Educate). I work with people who this might affect (Prosper).

Do you have a link to the Bill? EDIT: You beat me to it!! Thanks fowledup!

Heavy Pans

 

[winners58]

looks like they can already take away the county's lead agency status if they are not handling their responsibility's
https://mariposacounty.org/DocumentCenter/Home/View/9628

aggregate and concrete have some powerful lobbyists, do people want roads and buildings?
http://www.calcima.org/html/members.html

big mining company's are very responsible and are already at the top of their game
American Exploration & Mining Association
Welcome - Minerals Education Coalition

 

[Hoser John]

FUP-those who are perfect do absolutely nothing and you are definitely NOT one of them. We all eat the shoe on occasion and you consistent efforts to educate are righteous..thanx-right/wrong/ugly or indifferent your trying to make a difference and that's all that matters. EZ to get burned ,trashed, slashed here BUT the few make up for the many-John

 

[Oakview2]

From the legislative analyst

"Given this background, it should be expected that SB 209 is a “spot” or “placeholder” bill that Senator Pavley will amend in the near future with more substantial changes to SMARA. SB 209 has been referred to the Committee on Natural Resources and Water, and is awaiting its first hearing date."

 

[fowledup]

Thanks John!
Interesting side note on this - the author Pavley (LA) of SB209 is the committee chair for the committee of Natural Resources and Water- how convienient

 

[The Gilded Lens]

"The State has an interest in regulating mining to ensure that a mine is operated in compliance with its locally issued permit, which protects the State’s water and air from contamination"

So now we are polluting the air too? Gimme a break!

 

[Hoser John]

Quick quick Martha bring me my hipboots as them are at it again as now our mere presence on this planet contaminates it all....John