CEMEX BILL DEAD THIS YEAR LEGISLATORS TRY AGAIN NEXT YEAR TO LIMIT MINING PROJECT.

Byline: JUDY O'ROURKE Staff Writer

SANTA CLARITA -- Newly re-elected U.S. Rep. Howard P. ``Buck'' McKeon introduced legislation to downsize Cemex's planned sand and gravel mine, but did not push to get it passed. The only co-sponsor is a Democrat recruited by the Santa Clarita Republican's opponent in last week's election.

McKeon said from Day One he never expected the bill to pass, and with winter recess nearing, it likely will die without ever being acted upon.

``(McKeon) introduced the bill to spur negotiations between the two sides,'' said James Geoffrey, spokesman for the congressman. ``Until the city and Cemex come to some accommodation, some understanding of how they would move forward, we really couldn't proceed.''

The 109th Congress may recess before Thanksgiving, and with lawmakers focused on enacting appropriations measures, McKeon's HR 5471 seems destined to fizzle.

The bill would have canceled Cemex's lease to mine 56.1 million tons of sand and gravel in Soledad Canyon and limited any future mining at the site to historic levels of 300,000 tons a year. The company would have been reimbursed for its expenditures and ``troubles,'' McKeon said in May.

In 2000, the Bureau of Land Management awarded Transit Mixed Concrete Co. mining contracts for 20 years in return for $28 million in royalties; Cemex later bought TMC. The project is in county territory between Canyon Country and Agua Dulce, but the city has claimed it would pollute the air and add heavy truck traffic to the Antelope Valley Freeway and local roads.

The county had rejected the mine, but relented after Cemex filed a lawsuit in federal court. County supervisors granted the mining permit in June 2004 under a consent decree, which was upheld by the Supreme Court.

The city says mining at historic levels would be acceptable, but Cemex is permitted to mine up to 5 million tons a year. The company has said it plans to start operating the Soledad mine in 2008.

The city and Cemex had been talking about a legislative solution for about 18 months before McKeon carried the bill and had agreed on some concepts, but the talks broke down. The city has spent nearly $7 million on a campaign to scale down the project -- enlisting the public's vocal opposition -- but behind closed doors the tone is quieter.

``We knew shortly after the bill was introduced, Cemex had concerns about the language,'' said Michael Murphy, the city's intergovernment relations officer. ``We have been talking with them over the last few months in an effort to resolve some of those concerns.''

Murphy said the timeline depends on the tenor of the talks, but McKeon is willing to introduce a similar bill into the 110th Congress. The congressman has not been a party to the talks but is updated on their progress.

Geoffrey called Democratic challenger Robert Rodriguez's enlistment of Rep. Brad Sherman, D-Sherman Oaks, as the bill's co-sponsor a stunt designed to embarrass his boss.

``Our intention this session was not to seek co-sponsors because we would have been asking Mr. McKeon's colleagues to sign on to a bill that we knew was not going to be the final product,'' Geoffrey said. ``It was basically a gimmick.''

The city disagrees. ``Brad signing on makes a difference,'' Murphy said. ``It demonstrates the bill is a bipartisan effort.''

Sherman's district abuts McKeon's and Sherman plans to stay on board, this time with his party dominating Congress.

``It's a good bill, it's a bad project and I will play a supporting role in trying to get it passed on the assumption (McKeon) will be trying to get it passed in 2007,'' Sherman said.

The city hoped state Democratic Sens. Barbara Boxer and Dianne Feinstein would introduce a companion measure in the Senate, but Murphy said ``as the session went on they realized it wasn't going to be possible to get a bill enacted this year.'' So the city's pinning its hopes on next year, he said.

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