Bill Text: CA AB1161 | 2013-2014 | Regular Session | Amended
Bill Title: Nuisance: mining activities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee without further action pursuant to Joint Rule 62(a). [AB1161 Detail]
Download: California-2013-AB1161-Amended.html
BILL NUMBER: AB 1161 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY APRIL 3, 2013
INTRODUCED BY Assembly Member Salas
FEBRUARY 22, 2013
An act to add Section 3482.7 to the Civil Code, relating to
nuisance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1161, as amended, Salas. Nuisance: mining activities.
Existing law defines a nuisance, in part, as anything that is
injurious to health, or is indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property. Existing law authorizes
various remedies for nuisances, including remedies to effect
abatement and damages. Existing law provides, among other things,
that no agricultural activity, operation, facility, or appurtenances
thereof, as defined, in operation for more than 3 years, and
conducted or maintained for commercial purposes in a manner
consistent with proper and accepted customs and standards, shall
become a nuisance due to any changed condition in the locality if it
was not a nuisance at the time it began, except as specified.
This bill would provide that no mining activity, operation or
facility, or appurtenances thereof, as defined, conducted or
maintained for commercial purposes by means of a quarry or pit for
more than 3 years pursuant to an active, valid land use authorization
and reclamation plan, as specified, plan
shall become a nuisance due to any changed condition in the
locality if it was not a nuisance at the time it began, except as
specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3482.7 is added to the Civil Code, to read:
3482.7. (a) No Except as otherwise
provided in this section, a surface mining activity, operation,
or facility, or appurtenances thereof, shall not become a
nuisance, private or public, due to a changed condition in or about
the locality, if both of the following conditions are met:
(1) The surface mining activity, operation, or facility, or
appurtenances thereof, is has been
conducted or maintained for commercial purposes by means of a quarry
or pit for more than three years from both the issuance or
establishment of an active, valid surface mining permit, conditional
use permit, or other land use authorization and an active, valid
reclamation plan approved pursuant to the Surface Mining and
Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of
Division 2 of the Public Resources Code).
(2) The surface mining activity, operation, or facility, or
appurtenances thereof, described in paragraph (1) was not a nuisance
at the time it began.
(b) (1) For purposes of paragraph (1) of
subdivision (a), an amendment to or revision of the permit, other
authorization, or reclamation plan described in that subdivision that
authorizes a substantial deviation from the permit or authorization
shall commence a new three-year period from the date of the amendment
or revision with respect to the activity, operation, or facility, or
appurtenances thereof that are the subject of the amendment or
revision. A "substantial deviation" described in this
subdivision does not include the amendment or
revision of a reclamation plan to bring the plan into conformity with
regulations adopted pursuant to subdivision (b) of
Section 2773 of the Public Resources Code .
(2) If a surface mining activity, operation, or facility, or
appurtenance thereof becomes subject to either a final administrative
penalty issued pursuant to subdivision (c) of Section 2774.1 of the
Public Resources Code based on an express finding of a willful
violation of the provisions of Chapter 9 (commencing with Section
2710) of Division 2 of the Public Resources Code, or an action by the
Attorney General that enjoins the surface mining activity,
operations, or facility, or appurtenance thereof, under subdivision
(d) of Section 2774.1 of the Public Resources Code, the three-year
period for purposes of paragraph (1) of subdivision (a) shall instead
commence on the date immediately following the later of:
(A) The date that the administrative penalty or injunction becomes
final.
(B) The date that the conditions giving rise to the administrative
penalty or injunction are remediated.
(c) Subdivision (a) shall not apply if the surface mining
activity, operation, or facility, or appurtenances thereof, obstruct
the free passage or use, in the customary manner, of any navigable
lake, river, bay, stream, canal, or basin, or any public park,
square, street, or highway.
(d) Subdivision (a) shall not invalidate any provision in the
Health and Safety Code, Fish and Game Code, Food and Agricultural
Code, or Division 7 (commencing with Section 13000) of the Water
Code, if the mining activity, operation, or facility or appurtenances
thereof, constitutes a nuisance, public or private, as specifically
defined or described in any of those provisions.
(e) This section shall prevail over any contrary provision of an
ordinance or regulation of a city, county, city and county, or other
political subdivision of the state. However, nothing in this section
shall preclude a city, county, city and county, or other political
subdivision of this state, acting within its constitutional or
statutory authority and not in conflict with other provisions of
state law, from adopting an ordinance that allows a
notification to a prospective homeowner that the dwelling is
proximate to a mining activity, operation, facility, or appurtenances
thereof, and is subject to this section consistent with Section
1102.6a is not in conflict with this section. This
section shall not af fect subdivision (a) of Section 2715
of the Public Resources Code .
(f) For purposes of this section, the term "surface mining
activity, operation, or facility, or appurtenances thereof" shall
include, but not be limited to, the excavation, extraction,
stockpiling, or removal from land of ores and minerals, including
sand, gravel, shells, or stone, or combinations thereof, used to
produce a construction material or an industrial product or other
commercial product from these ores and minerals, including the
private ways, roads, and areas necessary to conduct that activity or
operation, and the operation of any plant or mill for processing
these ores and minerals, including crushers, sorters, equipment,
machines, tools, or other materials and structures, whether present
on or off the mine site.
