This week, Senate Bill 209 by Fran Pavley (D-Agoura Hills) was heard in the Assembly Natural Resources Committee, of which she serves as Chair, and Assembly Bill 1142 by Assembly Member Adam Gray (D-Merced) was heard in the Senate Natural Resources and Water Committee. The two measures have been running in parallel since the beginning of the legislative session, and both seek to make changes to the Surface Mining and Reclamation Act of 1975 (SMARA).
Though both authors committed to continue working with local government stakeholders to reach consensus on their respective measures, Assembly Member Gray reached out to RCRC and the mining industry early in the process garnering support for AB 1142 from both RCRC and industry interests, while SB 209 was supported by the environmental community, and received an “Oppose Unless Amended” position from RCRC.
On a separate track to the two legislative measures, Governor Jerry Brown’s Administration also sought to address SMARA during this legislative year, and RCRC staff, along with numerous other stakeholders and key agency staff from both Departments of Conservation and Resources have met in a working group since March 2015, culminating in language that has been adopted, in parts, into both AB 1142 and SB 209.
Based upon recent amendments taken into SB 209, RCRC was able to adopt a “Support if Amended” position. RCRC proposes that the author further clarify which individuals are permitted to perform inspections under certain circumstances; even though the bill has been dramatically improved as to this issue.
Both measures now move onto their respective houses’ Appropriations Committees to address the fiscal considerations. Since both measures address similar considerations of law, and overlapping code sections, the authors will need to work together to determine which measures will include which components prior to the measures reaching the Governor’s desk to avoid “chaptering out” problems, an issue that occurs when two bills are signed that address the same code section.