SMARA Reform Enacted & SMARA Reform Rulemaking
Pursuant to the authority granted by the Legislature in Public Resources Code (PRC) section 2755, "The board shall adopt regulations that establish state policy for the reclamation of mined lands...". Furthermore, PRC section 2759 states, "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." As a result of the authority granted by the Legislature, the State Mining and Geology Board (SMGB) will continue to review, and possibly revise, state policy for the reclamation of mined lands. The SMGB will provide notice of any such revisions that may occur.
On April 18, 2016, Governor Brown signed
SB 209 Surface mining: financial assurances: reclamation plans (Pavley, 2016) and
AB 1142 Mining and geology: surface mining (Gray, 2016) into law and thereby enacted significant changes to the Surface Mining and Reclamation Act of 1975 (SMARA). These reforms affect how the SMGB and the Department of Conservation (DOC), local lead agencies, and surface mine operators oversee, implement, and comply with SMARA. For more information please see the DOC's press release regarding the SMARA reform effort. The SMGB, in cooperation with the DOC, is undertaking a comprehensive rulemaking effort to enact significant revisions to SMARA following the passage of SB 209 and AB 1142.
Additional information and updates on current operative regulatory packages can be found at the link below:
Information on completed regulatory packages recently approved by the Office of Administrative Law can be found at the link below:
For additional information on the Administrative Procedures Act and the California Rulemaking process please visit the link below:
Office of Administrative Law Website