SECTIONS 2200-2211 - California Statutes

PUBLIC RESOURCES CODE

SECTION 2200-2211

2200. For the purposes of this chapter, "mine" includes all mineral
bearing properties of whatever kind or character, whether
underground, or in a quarry or pit, or any other source from which
any mineral substance is or may be obtained.

2200.5. For the purposes of this chapter, "lead agency" means the
city, county, San Francisco Bay Conservation and Development
Commission, or the board that has the principal responsibility for
approving a surface mining operation or reclamation plan pursuant to
Chapter 9 (commencing with Section 2710).

2201. The division shall carry out programs, in cooperation with
federal, state, and local government agencies, that will reduce the
loss of life and property, and protect the environment, by mitigating
geologic hazards. Specific activities to be carried out by the
division include, but are not limited to, all of the following:
(a) Hazard assessment, including identification and mapping of
geologic hazards and estimates of their potential consequences to
life, property, and the environment, and likelihood of occurrence.
(b) Information and advisory services, including the maintenance
of a geologic library, a public education program, maintenance of a
geologic data base, review functions, and expert consulting to
federal, state, and local government agencies.
(c) Emergency response to geologic hazards, including, but not
limited to, those related to natural disasters, including monitoring
and assessment of anomalous geologic activity, and operation of a
clearinghouse for postevent earth science investigations.
(d) Development and application of mitigation methods, including
identifying state research needs, facilitating needed research, and
expediting the application of new research results to public policy
and all division activities related to geologic hazards.

2202. The director may do any of the following:
(a) (1) Make a collection of typical geological and mineralogical
specimens, especially those of economic and commercial importance,
and of models, drawings, and descriptions of the mechanical
appliances used in mining and metallurgical processes and geology,
that collection constituting the museum of the division, which shall
be known as the California State Mining and Mineral Museum.
(2) For the purpose of ensuring financial support and oversight of
the museum, the department, museum staff, and the California State
Mining and Mineral Museum Association may take all appropriate
measures to encourage donations for support of the museum by
individuals, companies, and organizations. These donations shall be
collected by the department and deposited in the California State
Mining and Mineral Museum Fund, which is hereby created in the State
Treasury. Notwithstanding Section 13340 of the Government Code, the
money in the fund is hereby continuously appropriated to the
department for expenditure for the following activities, in the
following order of priority:
(A) Payment of curation, interpretation services, and
administrative costs.
(B) Payment of management and visitation enhancement services.
(C) Operational costs of the museum.
(b) Provide a library of books, reports, and drawings bearing upon
the mineral industries, the sciences of mineralogy and geology, and
the arts of mining and metallurgy.
(c) Preserve and maintain that collection and library as to make
them available for reference and examination, and open to public
inspection at reasonable hours.
(d) Maintain a bureau of information concerning the mineral
industries of this state, to consist of that collection and library,
and arrange, classify, catalog, and index the data therein contained
in a manner that makes the information available to those desiring
it.

2203. The State Geologist shall provide all requested and
recommended information to the director who shall prepare a report
for transmission to the Governor on or before the 15th day of
September of each year. The report shall include a section reviewing
the status of measures taken in the state to counter geologic hazards
and a section reviewing the economic utilization and conservation of
the state's mineral resources and problems related thereto pursuant
to Chapter 7.6 (commencing with Section 2650).

2204. The director may receive on behalf of this state, for the use
and benefit of the division, gifts, bequests, devises, and legacies
of real or other property and may use the same in accordance with the
wishes of the donors. If no instructions are given by the donors,
the director shall manage, use, and dispose of the gifts, bequests,
and legacies for the best interests of the division and in such
manner as the director may determine to be proper.

2205. (a) The State Geologist may do all of the following:
(1) Make, facilitate, and encourage special studies of the mineral
resources, mineral industries, and geology of the state.
(2) Collect statistics concerning the occurrence and production of
the economically important minerals and the methods pursued in
making their valuable constituents available for commercial use.
(3) Conduct, with governmental and nongovernmental entities,
geological investigations, studies, and other activities for
purposes, including, but not limited to, the timely identification,
delineation, and assessment of geological hazards and their potential
consequences.
(4) Identify and delineate deposits of mineral raw materials in
order to prevent their loss to urban encroachment and to assist in
their ultimate utilization; and enter into, as the need arises,
cooperative agreements, for geological or mineral industry
investigations, with cities, cities and counties, counties, federal
agencies, and universities that may provide for cost-sharing or
cooperative funding.
(5) Maintain a laboratory to provide support to the division staff
and to conduct other investigations in the line of physical and
chemical testing and analysis and mineral identification as may be
required in the execution of the plans and operations of the division
under this chapter.
(6) Issue from time to time reports and maps concerning the
geology of the state and the statistics and technology of the mineral
industries of the state, including results of investigations in
mineral resources conservation practices, the use and recycling of
scrap mineral products, the control, disposal, reclamation, and
utilization of mining and mineral processing waste products, and the
reclamation of mined lands.
(7) Conduct, with cities or counties, other state agencies,
universities, federal agencies, or private industry, investigations
in mining and metallurgy, including the use and recycling of scrap
mineral products, and land use practices as these apply to mineral
resources conservation, and enter into, as the need arises,
cooperative or contractual agreements for those investigations that
may provide for cost-sharing or cooperative funding.
(8) Conduct, with cities and counties, other state agencies,
universities, federal agencies, or private industry, investigations
in the study and development of methods for the control, disposal,
reclamation, and utilization of mining and mineral processing waste
products and the reclamation of mined lands, and enter into, as the
need arises, cooperative or contractual agreements for those
investigations that may provide for cost-sharing or cooperative
funding.
(9) Enter into, as the need arises, agreements including, but not
limited to, contracts, grant agreements, and cooperative agreements,
with governmental and nongovernmental entities that may provide
funding for activities of the California Geological Survey and for
the activities of the department that are directly related to the
activities of the California Geological Survey. Activities that may
be funded include, but are not limited to, technical, analytic, and
research services related to geologic hazards and resources that the
California Geological Survey may provide directly to those entities.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Governmental entities" include, but are not limited to,
cities, counties, special districts, school districts, state
agencies, federal agencies, public hospitals, colleges, and
universities.
(2) "Nongovernmental entities" include, but are not limited to,
private academic institutions, nonprofit organizations, and private
hospitals.

2205.1. None of the provisions of Division 1 (commencing with
Section 501) or this division shall be construed as abridging the
authorized geologic functions of other state agencies.

2206. The State Geologist may prepare a special collection of ores
and minerals of California to be sent to or used at any world's fair
or exposition in order to display the mineral wealth of the State.

2206.1. Notwithstanding Section 14670 of the Government Code,
subject to the approval of the Director of General Services, the
State Geologist may lease, for a period not to exceed 20 years,
collections of ores and minerals of California for the public
benefit.

2207. (a) The owner or the operator of a mining operation within
the state shall forward to the director annually, not later than a
date established by the director, upon forms approved by the board
from time to time, a report that identifies all of the following:
(1) The name, address, and telephone number of the person,
company, or other owner of the mining operation.
(2) The name, address, and telephone number of a designated agent
who resides in this state, and who will receive and accept service of
all orders, notices, and processes of the lead agency, board,
director, or court.
(3) The location of the mining operation, its name, its mine
number as issued by the Bureau of Mines or the director, its section,
township, range, latitude, longitude, and approximate boundaries of
the mining operation marked on a United States Geological Survey 7
1/2-minute or 15-minute quadrangle map.
(4) The lead agency.
(5) The approval date of the mining operation's reclamation plan.
(6) The mining operation's status as active, idle, reclaimed, or
in the process of being reclaimed.
(7) The commodities produced by the mine and the type of mining
operation.
(8) Proof of annual inspection by the lead agency.
(9) Proof of financial assurances.
(10) Ownership of the property, including government agencies, if
applicable, by the assessor's parcel number, and total assessed value
of the mining operation.
(11) The approximate permitted size of the mining operation
subject to Chapter 9 (commencing with Section 2710), in acres.
(12) The approximate total acreage of land newly disturbed by the
mining operation during the previous calendar year.
(13) The approximate total of disturbed acreage reclaimed during
the previous calendar year.
(14) The approximate total unreclaimed disturbed acreage remaining
as of the end of the calendar year.
(15) The total production for each mineral commodity produced
during the previous year.
(16) A copy of any approved reclamation plan and any amendments or
conditions of approval to any existing reclamation plan approved by
the lead agency.
(b) (1) Every year, not later than the date established by the
director, the person submitting the report pursuant to subdivision
(a) shall forward to the lead agency, upon forms furnished by the
board, a report that provides all of the information specified in
paragraphs (1) to (16), inclusive, of subdivision (a).
(2) The owner or operator of a mining operation shall allow access
to the property to any governmental agency or the agent of any
company providing financial assurances in connection with the
reclamation plan, in order that the reclamation can be carried out by
the entity or company, in accordance with the provisions of the
reclamation plan.
(c) Subsequent reports shall include only changes in the
information submitted for the items described in subdivision (a),
except that, instead of the approved reclamation plan, the reports
shall include any reclamation plan amendments approved during the
previous year. The reports shall state whether review of a
reclamation plan, financial assurances, or an interim management plan
is pending under subdivision (b), (c), (d), or (h) of Section 2770,
or whether an appeal before the board or lead agency governing body
is pending under subdivision (e) or (h) of Section 2770. The director
shall notify the person submitting the report and the owner's
designated agent in writing that the report and the fee required
pursuant to subdivision (d) have been received, specify the mining
operation's mine number if one has not been issued by the Bureau of
Mines, and notify the person and agent of any deficiencies in the
report within 90 days of receipt. That person or agent shall have 30
days from receipt of the notification to correct the noted
deficiencies and forward the revised reports to the director and the
lead agency. Any person who fails to comply with this section, or
knowingly provides incorrect or false information in reports required
by this section, may be subject to an administrative penalty as
provided in subdivision (c) of Section 2774.1.
(d) (1) The board shall impose, by regulation, pursuant to
paragraph (2), an annual reporting fee on, and method for collecting
annual fees from, each active or idle mining operation. The maximum
fee for any single mining operation may not exceed four thousand
dollars ($4,000) annually and may not be less than one hundred
dollars ($100) annually, as adjusted for the cost of living as
measured by the California Consumer Price Index for all urban
consumers, calendar year averages, using the percentage change in the
previous year, beginning with the 2005-06 fiscal year and annually
thereafter.
(2) (A) The board shall adopt, by regulation, a schedule of fees
authorized under paragraph (1) to cover the department's cost in
carrying out this section and Chapter 9 (commencing with Section
2710), as reflected in the Governor's Budget, and may adopt those
regulations as emergency regulations. In establishing the schedule of
fees to be paid by each active and idle mining operation, the fees
shall be calculated on an equitable basis reflecting the size and
type of operation. The board shall also consider the total assessed
value of the mining operation, the acreage disturbed by mining
activities, and the acreage subject to the reclamation plan.
(B) Regulations adopted pursuant to this subdivision shall be
adopted by the board in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. The adoption of any emergency regulations pursuant to this
subdivision shall be considered necessary to address an emergency and
shall be considered by the Office of Administrative Law to be
necessary for the immediate preservation of the public peace, health,
safety, and general welfare.
(3) The total revenue generated by the reporting fees may not
exceed, and may be less than, the amount of three million five
hundred thousand dollars ($3,500,000), as adjusted for the cost of
living as measured by the California Consumer Price Index for all
urban consumers, calendar year averages, using the percentage change
in the previous year, beginning with the 2005-06 fiscal year and
annually thereafter. If the director determines that the revenue
collected during the preceding fiscal year was greater or less than
the cost to operate the program, the board shall adjust the fees to
compensate for the overcollection or undercollection of revenues.
(4) (A) The reporting fees established pursuant to this
subdivision shall be deposited in the Mine Reclamation Account, which
is hereby created. Any fees, penalties, interest, fines, or charges
collected by the director or board pursuant to this chapter or
Chapter 9 (commencing with Section 2710) shall be deposited in the
Mine Reclamation Account. The money in the account shall be available
to the department and board, upon appropriation by the Legislature,
for the purpose of carrying out this section and complying with
Chapter 9 (commencing with Section 2710), which includes, but is not
limited to, classification and designation of areas with mineral
resources of statewide or regional significance, reclamation plan and
financial assurance review, mine inspection, and enforcement.
(B) (i) In addition to reporting fees, the board shall collect
five dollars ($5) per ounce of gold and ten cents ($0.10) per ounce
of silver mined within the state and shall deposit the fees collected
in the Abandoned Mine Reclamation and Minerals Fund Subaccount,
which is hereby created in the Mine Reclamation Account. The
department may expend the moneys in the subaccount, upon
appropriation by the Legislature, for only the purposes of Section
2796.5 and as authorized herein for the remediation of abandoned
mines.
(ii) Notwithstanding subdivision (j) of Section 2796.5, fees
collected pursuant to clause (i) may also be used to remediate
features of historic abandoned mines and lands that they impact. For
the purposes of this section, historic abandoned mines are mines for
which operations have been conducted before January 1, 1976, and
include, but are not limited to, historic gold and silver mines.
(5) In case of late payment of the reporting fee, a penalty of not
less than one hundred dollars ($100) or 10 percent of the amount
due, whichever is greater, plus interest at the rate of 1 1/2 percent
per month, computed from the delinquent date of the assessment until
and including the date of payment, shall be assessed. New mining
operations that have not submitted a report shall submit a report
prior to commencement of operations. The new operation shall submit
its fee according to the reasonable fee schedule adopted by the
board, and the month that the report is received shall become that
operation's anniversary month.
(e) The lead agency, or the board when acting as the lead agency,
may impose a fee upon each mining operation to cover the reasonable
costs incurred in implementing this chapter and Chapter 9 (commencing
with Section 2710).
(f) For purposes of this section, "mining operation" means a
mining operation of any kind or character whatever in this state,
including, but not limited to, a mining operation that is classified
as a "surface mining operation" as defined in Section 2735, unless
excepted by Section 2714. For the purposes of fee collections only,
"mining operation" may include one or more mines operated by a single
operator or mining company on one or more sites, if the total annual
combined mineral production for all sites is less than 100 troy
ounces for precious metals, if precious metals are the primary
mineral commodity produced, or less than 100,000 short tons if the
primary mineral commodity produced is not precious metals.
(g) Any information in reports submitted pursuant to subdivision
(a) that includes or otherwise indicates the total mineral
production, reserves, or rate of depletion of any mining operation
may not be disclosed to any member of the public, as defined in
subdivision (b) of Section 6252 of the Government Code. Other
portions of the reports are public records unless excepted by
statute. Statistical bulletins based on these reports and published
under Section 2205 shall be compiled to show, for the state as a
whole and separately for each lead agency, the total of each mineral
produced therein. In order not to disclose the production, reserves,
or rate of depletion from any identifiable mining operation, no
production figure shall be published or otherwise disclosed unless
that figure is the aggregated production of not less than three
mining operations. If the production figure for any lead agency would
disclose the production, reserves, or rate of depletion of less than
three mining operations or otherwise permit the reasonable inference
of the production, reserves, or rate of depletion of any
identifiable mining operation, that figure shall be combined with the
same figure of not less than two other lead agencies without regard
to the location of the lead agencies. The bulletin shall be published
annually by June 30 or as soon thereafter as practicable.
(h) The approval of a form by the board pursuant to this section
is not the adoption of a regulation for purposes of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code and is not subject to that chapter.

2207.1. A manufacturer or processor, at his option, may upon
request report to the State Geologist data on consumption or
utilization of mineral materials. Such reports shall be confidential.
Publications issued as commodity or marketing studies under the
provisions of Section 2205 of this code may contain figures from such
reports, provided that these figures are presented so as not to
disclose the consumption or utilization of minerals by any user.

2208. The director or a qualified assistant may at any time enter
or examine any and all mines, quarries, wells, mills, reduction
works, refining works, and other mineral properties or working plants
in this state in order to gather data to comply with the provisions
of this chapter.

2209. The director may fix a price upon and dispose of to the
public all publications of the division, including reports,
bulletins, maps, registers, or other publications. The price shall
approximate the cost of publication and distribution. The director
may also furnish the publications of the division to public libraries
without cost and may exchange publications with geological surveys,
scientific societies, and other like bodies.

2210. All money received by the division from sales of publications
issued by the division shall be deposited at least once each month
in the State treasury to the credit of the General Fund.

2211. The department is the primary state agency responsible for
geologic hazard review and investigation, including, but not limited
to, investigation of geologic hazards that may occur in relation to
natural disasters. In that capacity, the department is responsible
for the seismological, geological, and strong motion aspects of
earthquake and other geological hazards investigations.