Section § 660

Explanation

The State of California has a State Mining and Geology Board. This board is made up of nine members who are appointed by the Governor. The appointments must be confirmed by the Senate.

There is in the department a State Mining and Geology Board consisting of nine members appointed by the Governor, subject to confirmation by the Senate.

Section § 661

Explanation

This section defines the terms used in the article. Here, 'board' refers to the State Mining and Geology Board, and 'division' refers to the California Geological Survey within the department.

As used in this article, “board” means the State Mining and Geology Board and “division” means the California Geological Survey of the department.

Section § 662

Explanation

This section outlines the composition and qualifications of a specific board, ensuring that it includes members with expertise in fields like geology, mining engineering, water quality, and environmental protection. It emphasizes that members should represent the public interest, with restrictions on how many can have financial ties to mining companies.

Additionally, it requires that any board member who has a conflict of interest in a matter must disclose this in writing before the board votes on the issue.

(a)CA Public Resources Code § 662(a) One member of the board shall be a professional geologist with background and experience in mining geology; one member shall be a mining engineer with background and experience in mining minerals in California; one member shall have background and experience in groundwater hydrology, water quality, and rock chemistry; one member shall be a representative of local government with background and experience in urban planning; one member shall have background and experience in the field of environmental protection or the study of ecosystems; one member shall be a professional geologist, registered geophysicist, registered civil engineer, or registered structural engineer with background and experience in seismology; one member shall be a landscape architect with background and experience in soil conservation or revegetation of disturbed soils; one member shall have background and experience in mineral resource conservation, development, and utilization; and one member shall not be required to have specialized experience.
(b)CA Public Resources Code § 662(b) All members of the board shall represent the general public interest, but not more than one-third of the members at any one time may be currently employed by, or receive more than 25 percent of their annual income, not to exceed $25,000 a year per member, from an entity that owns or operates a mine in California. The representative of local government shall not be considered an employee of an entity that owns or operates a mine if the lead agency employing the representative owns or operates a mine. For purposes of this section, retirement or other benefits paid by a mining entity to an individual who is no longer employed by that entity are not considered to be compensation, if those benefits were earned prior to the date the individual terminated his or her employment with the entity.
(c)CA Public Resources Code § 662(c) If a member of the board determines that he or she has a conflict of interest on a particular matter before the board pursuant to subdivision (b) or Section 663, he or she shall provide the clerk of the board with a brief written explanation of the basis for the conflict of interest, which shall become a part of the public record of the board. The written explanation shall be delivered prior to the time the matter to which it pertains is voted on by the board. This disclosure requirement is in addition to any other conflict-of-interest disclosure requirement imposed by law.

Section § 663

Explanation

This section of the law specifies that board members can't be involved in decisions that affect them directly or anyone they're closely associated with, such as a job or financial interest. It also prohibits them from consulting with or working on behalf of anyone involved in surface mining operations before any state or local agency. If a board member knowingly breaks these rules, the Attorney General can seek their removal through a court case.

(a)CA Public Resources Code § 663(a) No member of the board shall participate in any action of the board or attempt to influence any decision of the board that involves himself or herself, or any person with whom he or she is connected, as a director, officer, paid consultant, or full-time or part-time employee, or in which he or she has a financial interest within the meaning of Section 87103 of the Government Code.
(b)CA Public Resources Code § 663(b) No board member shall participate in any proceeding before any state or local agency as a consultant or in any other capacity on behalf of any person who engages in surface mining operations.
(c)CA Public Resources Code § 663(c) Upon request of any person, or on his or her own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section, alleging the facts upon which the allegation is based, and asking that the member be removed from office. Further proceedings shall be in accordance as nearly as practicable with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall order the member removed from office.

Section § 663.1

Explanation
This law section defines 'ex parte communication' as private talks or messages between a board member and someone with a vested interest in board matters, outside of official settings. It specifies that board members or others trying to sway board decisions must disclose such communications publicly, using specific forms that detail the content of the exchange. These communications stop being 'ex parte' once disclosed. Board members who fail to disclose these communications can face fines of up to $7,500, plus potential legal fees. Notably, this section clarifies that certain usual government communication rules don't apply to this board's proceedings.
(a)CA Public Resources Code § 663.1(a) For the purposes of this section, “ex parte communication” means any oral or written communication between a member of the board and an interested person about a matter within the board’s jurisdiction that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter.
(b)CA Public Resources Code § 663.1(b) For purposes of this section, “a matter within the board’s jurisdiction” means any action on a reclamation plan or financial assurance appealed pursuant to subdivision (e) of Section 2770, any review of an order setting administrative penalties pursuant to Section 2774.2, or any review of an appeal pursuant to Section 2775.
(c)CA Public Resources Code § 663.1(c) A board member or any person, other than a staff member of the board, department, or any other state agency, who is acting in his or her official capacity and who intends to influence the decision of the board on a matter within the board’s jurisdiction, shall not conduct an ex parte communication, unless the board member or the person who engages in the communication with the board member discloses that communication in one of the following ways:
(1)CA Public Resources Code § 663.1(c)(1) The board member or the person fully discloses the communication and makes public the ex parte communication by providing a full report of the communication to the executive officer or, if the communication occurs within seven days of the next board hearing, to the board on the record of the proceeding of that hearing.
(2)CA Public Resources Code § 663.1(c)(2) When two or more board members receive substantially the same written communication or receive the same oral communication from the same party on the same matter, one of the board members fully discloses the communication on behalf of the other board member or members who received the communication and requests in writing that it be placed in the board’s official record of the proceeding.
(d)Copy CA Public Resources Code § 663.1(d)
(1)Copy CA Public Resources Code § 663.1(d)(1) The board shall adopt standard disclosure forms for reporting ex parte communications which shall include, but not be limited to, all of the following information:
(A)CA Public Resources Code § 663.1(d)(1)(A) The date, time, and location of the communication.
(B)CA Public Resources Code § 663.1(d)(1)(B) The identity of the person or persons initiating and the person or persons receiving the communication.
(C)CA Public Resources Code § 663.1(d)(1)(C) A complete description of the content of the communication, including the complete text of any written material that was part of the communication.
(2)CA Public Resources Code § 663.1(d)(2) The executive officer shall place in the public record any report of an ex parte communication.
(e)CA Public Resources Code § 663.1(e) Communications shall cease to be ex parte communications when fully disclosed and placed in the board’s official record.
(f)CA Public Resources Code § 663.1(f) In addition to any other applicable penalty, a board member who knowingly violates this section is subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys’ fees and costs to the prevailing party.
(g)CA Public Resources Code § 663.1(g) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to proceedings of the board under this code.

Section § 663.2

Explanation

This law section says that board members cannot try to influence board decisions if they have had an undisclosed private communication about the matter. If they break this rule, they can be fined up to $7,500. Besides the fine, the court can also require the losing party to pay the winning party's legal fees and costs.

(a)CA Public Resources Code § 663.2(a) No board member shall make, participate in making, or in any other way attempt to use his or her official position to influence a board decision about which the member has knowingly had an ex parte communication that has not been reported pursuant to Section 663.1.
(b)CA Public Resources Code § 663.2(b) In addition to any other applicable penalty, including a civil fine imposed pursuant to subdivision (f) of Section 663.1, a board member who knowingly violates this section shall be subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys’ fees and costs to the prevailing party.

Section § 664

Explanation

This law states that each board member is appointed for a four-year term. If any position becomes vacant, the Governor is responsible for filling it right away.

Each member of the board shall hold office for four years. Vacancies shall be immediately filled by the Governor.

Section § 667

Explanation

Board members receive $100 for each day they perform their official duties, but their total annual compensation is capped at $4,000, except for the chair who can earn up to $5,000 per year. Additionally, all members can get reimbursed for travel and other expenses related to their official duties.

Each member of the board shall receive one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties. The compensation of each member, except the compensation of the chair, shall not, however, exceed in any one fiscal year the sum of four thousand dollars ($4,000). The chair of the board may receive compensation not to exceed five thousand dollars ($5,000) in any one fiscal year for the performance of official duties. In addition to the compensation, each member shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties.

Section § 668

Explanation

This law specifies that the board must have its main office in Sacramento and can hold meetings whenever and wherever it chooses. To conduct business, at least five board members must be present. Any changes to state policy on reclaiming mined lands need a majority vote from the board. Additionally, all board meetings are required to be open to the public.

The board shall maintain its headquarters in Sacramento and shall hold meetings at such times and at such places as shall be determined by it. Five members of the board shall constitute a quorum for the purpose of transacting any business of the board. A majority affirmative vote of the total authorized membership of the board shall be necessary to adopt, amend, or repeal state policy for the reclamation of mined lands adopted pursuant to Article 4 (commencing with Section 2755) of Chapter 9 of Division 2. All meetings of the board shall be open to the public.

Section § 669

Explanation

This law states that the Governor picks the chair of the board from the board members, and this position can be changed at any time by the Governor. Additionally, the board elects a vice chair from its members each year.

The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall hold the office at the pleasure of the Governor. The board shall annually elect a vice chair from among its members.

Section § 670

Explanation

This law states that the board has the authority to hire an executive officer who does not have to follow the usual civil service rules. The board can also hire clerical staff as needed to perform its responsibilities effectively. However, neither the board nor its employees are allowed to have any role or influence over administering the division they oversee.

The board may appoint an executive officer who shall be exempt from civil service pursuant to subdivision (e) of Section 4 of Article XXIV of the California Constitution. The board may also employ such clerical assistance as may be necessary for the proper discharge of its duties. Neither the board nor its employees shall have or be given any powers in relation to the administration of the division.

Section § 671

Explanation

This law states that the director does not have the authority to change or cancel any decisions made by the board.

The director shall have no power to amend or repeal any order, ruling, or directive of the board.

Section § 672

Explanation

This law section explains that a designated board is responsible for overseeing California's interests in mineral resource management, mining land recovery, and handling issues related to federal mining policies. Additionally, the board handles policies about gathering geological information, which is crucial for understanding the state's landscape and assessing risks from earthquakes and other geological hazards. The board's role includes setting general policies for related state divisions.

The board shall represent the state’s interest in the development, utilization, and conservation of the mineral resources of the state and the reclamation of mined lands, as provided by law, and federal matters pertaining to mining, and shall determine, establish, and maintain an adequate surface mining and reclamation policy. The board shall also represent the state’s interest in the development of geological information necessary to the understanding and utilization of the state’s terrain, and seismological and geological information pertaining to earthquake and other geological hazards. General policies for the division shall be determined by the board.

Section § 673

Explanation

This section states that the board acts as a policy and appeals board specifically for the purposes outlined in Chapter 7.5, starting with Section 2621, of Division 2.

The board shall also serve as a policy and appeals board for the purposes of Chapter 7.5 (commencing with Section 2621) of Division 2.

Section § 675

Explanation

This law allows a board to create a statewide research program focused on the technical aspects of reclaiming land that's been mined. They can receive funding from the U.S. government or other sources to help run this program. The board can manage the program on its own, work with others through contracts, or partner with various organizations and government entities at both federal and state levels.

The board may provide for a statewide program of research regarding the technical phases of reclaiming mined lands which may be delegated to it by law and may accept funds from the United States or from any person to aid in carrying out the provisions of this section. The board may conduct such a program independently or by contract or in cooperation with any person, public or private organization, federal agency, or state agency, including any political subdivision of the state.

Section § 676

Explanation

This section mandates that there should be a public information program to educate people about the state's landscape, mineral resources, mining activities, how mined lands are restored, and the geological factors related to earthquakes and other hazards.

The board shall provide for a public information program on matters involving the state’s terrain, mineral resources, mining, the reclamation of mined lands, and the seismological and geological aspects of earthquakes and other geological hazards.

Section § 677

Explanation

This section explains how the State Geologist of California is appointed. The board nominates a candidate, and the director officially appoints them. The appointed person must either be registered as a geologist according to the Geologist and Geophysicist Act within a year of their appointment or granted registration based on their academic and professional experience. The State Geologist should have a broad knowledge of fields like mineral resources, structural geology, seismology, and engineering geology. They also play a key role in advising the director on various scientific and technical issues related to the division's work.

The board shall nominate, and the director shall appoint, the State Geologist, who shall either be registered in compliance with the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code) at least one year from the date of appointment, or the Board for Professional Engineers and Land Surveyors may, upon the review of academic and professional experience, grant registration. The State Geologist shall possess general knowledge of mineral resources, structural geology, seismology, engineering geology, and related disciplines in science and engineering, and the reclamation of mined lands and waters. The State Geologist shall advise the director regarding technical, scientific, and engineering issues, including the scientific quality of the division's products and activities.

Section § 678

Explanation

This law allows the director to let the State Geologist hire employees for the division, following the rules of the State Civil Service Act. The director can also let the State Geologist or any division employee carry out duties or use powers given to the director by the State Civil Service Act.

The director may authorize the State Geologist to exercise his power to appoint employees of the division in accordance with the State Civil Service Act. The director may authorize the State Geologist, or any employee of the division, to exercise any power granted to, or perform any duty imposed upon, the director by the State Civil Service Act.