For a quick video explanation of Senate bill 1222, click below, then keep reading
Senate Bill 1222 (SB1222), a California Bill on Small Scale Mining
BACKGROUND:
In 2015 SB637 was introduced, passed, and signed into law by Governor Jerry Brown. The
law took effect January 1, 2016 and was labeled the “suction dredge” bill and defined a
suction dredge as:
“mechanized or motorized system of removing or assisting in the removal of minerals”
For a link to the text of SB637, click HERE
The intent of SB637 was specifically for suction dredging and was called “The Suction Dredge
Bill”. The intent of the bill was not to be all inclusive of anything mechanized but instead to
ensure that all forms of suction dredging that were harmful to the environment were caught
within the net of this language. SB637 requires a permit from the California Water Board and
a permit from the Department of Fish and Wildlife to suction dredge under this definition.
Subsequent to its passage, the language that was added by SB 637, which redefined what a
suction dredge is, also included any form of small scale mining which is mechanized and is
considered “low impact mining”. This language was also added to the enforcement aspect of
DFW (Department of Fish and Wildlife) 5653 regulations. This has inadvertently caused
many types of deminimus (not harmful to the environment) equipment and mining to be
labeled as suction dredging and rendered it illegal to use in California. Equipment such as a
small water pump which fits in the palm of your hand, a dry washer which is used in the
desert without water and even a post hole digger which can dig a hole.
FINAL LANGUAGE OF SB637:
Defines for the first time by statute what it means to use vacuum or suction dredge
equipment, otherwise known as suction dredging, as the use of a mechanized or
motorized system for removing or assisting in the removal of, or the processing of,
material from the bed, bank, or channel of a river, stream, or lake in order to recover
minerals; but also clarifying the definition does not apply to, prohibit, or otherwise
restrict nonmotorized recreational mining activities, including panning for gold.
There have even been discussions on whether an electric car could be construed as being a
mechanized aide in small mining, and therefore be illegal if driven to within 100 feet of a river,
stream or lake and would be considered a suction dredge under this vague, inadvertent
language.
SB1222 DEFINES A SUCTION DREDGE:
SB1222 Defines what a suction dredge is and does not change the requirement under SB637
to obtain a suction dredge permit from the California Water Board if/once they become
available.
ECONOMIC IMPACTS:
Many businesses located along the Motherlode of CA benefit from small scale miners,
prospectors and folks looking to get out in our public lands and find a little gold. Businesses
such as gas stations, grocery stores, motels, hardware stores and cafe’s. Many of these
businesses have seen dramatic and adverse reductions in revenue as a result of the change
in language of SB637. Revenue used for college funds, feeding families and paying
mortgages are possible from the money spent in these rural community businesses. Low
income small scale miners who supplement their incomes by small scale mining and some
who derive their sole income from small scale mining are now devastated because the
language in SB637 has become a prohibition on all forms of mechanized mining. According
to the 1994 FEIR conducted on the economic benefits to small scale suction dredging, over
$6000 annually was spent by these miners. Adjusted to inflation, it is closer to $10,000.
$40.00 in gasoline in 1994 now costs $119.00 today. According to a study published by ICMJ
(link) suction dredgers spent over $64,000,000 in the state. Most of the suction dredgers
now use other methods of mining to offset the wait for permits from the California Water
Board as a result of SB637, which include the very small scale methods described above.
We believe the annual amount spent in 2018 is even higher than in 2008. There are nearly
25,000 active mining claims in California with roughly 2.5 claim owners per claim. This does
not include mining claims which are owned by clubs with members numbering into the
hundreds. The result of this vague language affects over 100,000 small scale miners in
California. Mining claim owners pay property taxes on most mining claims in the state and
are also recognized as real property. Most of these mining claims are now being rendered
much less in value if all one can do is simply pan for gold to obtain the minerals they own on
these mining claims. Miners are letting their claims go, resulting in lost revenue to the
counties and lost revenue to the state in filing fees for property transactions ($75.00 per claim,
per year).
SB1222 now stands to go before two Senate Committees, the Natural Resources Committee
and the Environmental Quality Committee. These committees will have open hearings (to be
scheduled) soon. We urge you to contact the Senators of each of these committees and tell
them to vote FOR SB1222 and the clarifying of the vague and adverse language created by
SB637. Also, SB1222 is seeking the support of local counties, raising enough voices of local
governments that know the value of gold mining in California helps the State Government see
the size of the problem at hand with the current vague language. A simple phone call, an
email or a letter will allow your voice to be heard. PLEASE attend your COUNTY
SUPERVISORS MEETINGS, ask for them to support SB1222 and write letters of support to
Senator Stone’s office. The future of small scale mining in California hinges on you contacting
these Senators today.
California Senate Committee on Environmental Quality:
Chairman Bob WieckowskiCapitol Office To email, click HERE |
Vice Chair Jeff StoneCapitol Office State Capitol, Room 4062 To email, click HERE |
Ted GainesCapitol Office State Capitol, Room 3076 To email, click HERE |
Jerry HillCapitol Office To email, click HERE |
Ricardo LaraCapitol Office To email, click HERE |
Nancy SkinnerCapitol Office To email, click HERE |
Henry I. SternCapitol Office To email, click HERE |
California Senate Committee on Natural Resources and Water:
Chairman Robert M. HertzbergCapitol Office To email, click HERE |
Vice Chair Jeff StoneCapitol Office State Capitol, Room 4062 To email, click HERE |
Benjamin AllenCapitol Office To email, click HERE |
Ben HuesoCapitol Office: To email, click HERE |
Hannah-Beth JacksonCapitol Office To email, click HERE |
Mike McGuireState Capitol To email, click HERE |
Bill MonningCapitol Office Fax: (916) 651-4917 To email, click HERE |
Henry SternCapitol Office To email, click HERE |
Andy VidakCapitol Office State Capitol, Room 3082 To email, click HERE |
County District Supervisors:
Alpine CountyPO Box 158, Markleeville, CA 96120 Phone: (530) 694-2281 Fax: (530) 694-2491 Donald M Jardine – District 1(530) 694-2209 To email, click HERE Ron Hames – District 2(530) 694-2196 To email, click HERE Katherine Rakow – District 3(530) 694-2480 To email, click HERE Terry Woodrow – District 4(209) 753-2551 To email, click HERE David Griffith – District 5(530) 694-2168 To email, click HERE |
Amador County810 Court St, Jackson, CA 95642 Phone: (209) 223-6470 Fax: (209) 257-0619 Patrick Crew – District 1To email, click HERE Richard Foster –District 2To email, click HERE Lynn A. Morgan – District 3To email, click HERE Frank Axe – District 4To email, click HERE Brian Oneto – District 5To email, click HERE |
Calaveras County891 Mountain Ranch Road, San Andreas, CA 95249 Phone: (209) 754-6370 Fax: (209) 754-6733 Gary Tofanelli – District 1(209) 286-9002 To email, click HERE Jack Garamendi – District 2(209) 286-9003 To email, click HERE Michael C. Oliveira- District 3(209) 286-9007 To email, click HERE Dennis Mills – District 4(209) 286-9050 To email, click HERE Clyde Clapp – District 5(209) 286-9059 To email, click HERE |
El Dorado County330 Fair Lane, Placerville, CA 95667 Toll Free: 1-(800) 491-6642 Fax: (530) 622-3645 John Hidahl -District 1To email, click HERE Shiva Frentzen – District 2To email, click HERE Brian Veerkamp – District 3To email, click HERE Michael Ranalli – District 4To email, click HERE Sue Novasel – District 5To email, click HERE |
Fresno County2281 Tulare, Room #301, Fresno, CA 93721 Brian Pacheco – District 1(559) 600-1000 To email, click HERE Andreas Borgeas -District 2(559) 600-2000 To email, click HERE Sal Quintero- District 3(559) 600-3000 To email, click HERE Ernest Buddy Mendes – District 4(559) 600-4000 To email, click HERE Nathan Magsig – District 5(559) 600-5000 To email, click HERE |
Inyo CountyPO Box N, Independence, CA 93526 (760) 878-0373 Dan Totheroh – District 1Office: (760) 873-8501 To email, click HERE Cell: (760) 937-3368 Jeff Griffiths – District 2(760) 937-0072 To email. click HERE Rick Pucci – District 3(760) 878-0373 To email, click HERE (760) 872-0917 Mark Tillemans – District 4Office: (760) 938-2024 To email, click HERE Cell: (760) 878-8506 Matt Kingsley – District 5(760) 878-8508 To email, click HERE |
Madera County200 West 4th Street, Madera, CA 93637 Phone: (559)675-7700 Fax: (559)673-3302 Brett Frazier – District 1(559)675-7700 David Rogers – District 2(559)675-7700 Robert Pythress – District 3(559)675-7700 Max Rodriguez – District 4(559)675-7700 Tom Wheeler – District 5(559) 662-6050 To email, click HERE |
Mariposa CountyP.O. Box 784, Mariposa, CA 95338 Phone: (209) 966-3222 Fax: (209) 966-5147 Rosemarie Smallcombe – District 1(209) 966-3222 To email. click HERE Merlin Jones – District 2(209) 878-3158 To email, click HERE Marshall Long – District 3(209) 966-3222 To email, click HERE Kevin Cann – District 4(209) 966-3222 To email, click HERE Miles Menetrey -District 5(209) 966-3222 To email. click HERE |
Mono CountyPO Box 715, Bridgeport, CA 93517 Larry Johnson – District 1(760) 924-1806 To email, click HERE (760) 914-0826 Fred Stump – District 2(760) 924-1783 To email, click HERE (760) 914-1294 Bob Gardner – District 3(909) 325-0999 To email, click HERE John Peters – District 4(760) 932-5532 To email, click HERE (775) 671-7126 Stacy Corless – District 5(760) 932-5533 To email, click HERE (760) 920-0190 |
Nevada County950 Maidu Avenue, Nevada City, CA 95959 Heidi Hall – District 1(530) 265-1480 To email, click HERE Ed Scofield – District 2(530) 277-1451 To email, click HERE Dan Miller – District 3(530) 265-1480 To email, click HERE Hank Weston – District 4(530) 432-8505 To email, click HERE Richard Anderson – District 5(530) 582-7826 To email, click HERE
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Plumas County520 Main Street, Room 309, Quincy, CA 95971 Phone: (530) 283-6170 Fax: (530) 283-6288 Michael Sanchez – District 1(530) 283-6170 To email, click HERE Kevin Goss – District 2(530) 283-6170 To email, click HERE Sharon Thrall – District 3(530) 283-6170 To email, click HERE Lori Simpson – District 4(530) 283-6170 To email, click HERE Jeff Engel – District 5(530) 283-6170 To email, click HERE |
Riverside County4080 Lemon Street, 5th Floor, Riverside, California 92501 (951) 955-1010 Kevin Jeffries -District 1(951) 955-1010 To email, click HERE John F Tavaglione – District 2(951) 955-1020 To email, click HERE Chuck Washington – District 3(951) 955-1030 To email, click HERE Manuel Perez – District 4(951) 955-1040 To email, click HERE (760) 921-5070 (760) 863-8211 Marion Ashley – District 5(951) 955-1050 To email, click HERE |
San Luis Obispo CountyMonterey Street D430, San Luis Obispo, CA 93408 (805) 781-5450 John Peschong – District 1(805) 781-4491 To email, click HERE Bruce Gibson – District 2(805) 781-4338 To email, click HERE Adam Hill – District 3(805) 781-4336 To email, click HERE Lynn Compton – District 4(805) 781-4337 To email, click HERE Debbie Arnold – District 5(805) 781-4339 To email, click HERE |
San Bernardino County385 N. Arrowhead Avenue, San Bernardino, CA 92415 (909) 387-3841 Robert A Lovingood – District 1(909) 387-4830 To email, click HERE (760) 995-8100 Janice Rutherford – District 2(909) 387-4833 To email, click HERE James Ramos – District 3(909) 387-4855 To email, click HERE Curt Hagman – District 4(909) 387-4866 To email, click HERE Josie Gonzales – District 5(909) 387-4565 To email, click HERE |
Sierra CountyP.O. Drawer D, Downieville, CA 95936 Phone: (530) 289-3295 Fax: (530) 289-2830 Lee Adams – District 1(530) 289-3506 To email, click HERE Peter W. Huebner – District 2(530) 862-1005 To email, click HERE (530) 565-6055 Paul Roen – District 3(209) 479-2770 To email, click HERE (530) 565-6048 Jim Beard – District 4(530) 993-4732 To email, click HERE (530) 565-6092 Scott A Schlefstein – District 5(530) 993-4900 To email, click HERE (530) 913-9218
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Tulare County2800 West Burrel Avenue, Visalia, CA 93291 Phone: (559) 636-5000 Fax: (559) 733-6898 Kuyler Crocker – District 1(559) 636-5000 To email, click HERE Pete Vander Poel III – District 2(559) 636-5000 To email, click HERE Amy Shuklian – District 3(559) 636-5000 To email, click HERE Steve Worthley – District 4(559) 636-5000 To email, click HERE Mike Ennis – District 5(559) 636-5000 To email, click HERE |
Tuolumne County2 S. Green St., Sonora, CA 95370 Phone: 209-533-5521 Fax: 209-533-6549 Sherri Brennan – District 1(209) 553-5521 To email, click HERE Randy Hanvelt – District 2(209) 553-5521 To email, click HERE Evan Royce – District 3(209) 553-5521 To email, click HERE John L Gray – District 4(209) 553-5521 To email, click HERE Karl Rodefer – District 5(209) 553-5521 To email, click HERE |
Light the phones up people, this is important!