AB 1034: Surface mining: reclamation plans: renewable energy generation facility.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-08
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency, as defined, for the mining operation. The act requires an amendment to an approved reclamation plan that is a substantial deviation from the approved plan to be filed with, and approved by, the lead agency and submitted to the Director of Conservation for review and comment.
This bill would require a lead agency to consider the construction and operation of a renewable energy generation facility on disturbed mined lands to be an interim use and would prohibit a lead agency from requiring an amendment to an approved reclamation plan if specified criteria are met. The bill would require a lead agency to submit to the director an application for an operating permit for a renewable energy generation facility prior to approving the operating permit, as specified. The bill would authorize the director to prepare written comments to the operating permit application and would require the lead agency, at least 30 days prior to approving the operating permit, to prepare a written response to the directors comments. By adding to the duties of a local government acting as a lead agency, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency, as defined, for the mining operation. The act requires an amendment to an approved reclamation plan that is a substantial deviation from the approved plan to be filed with, and approved by, the lead agency and submitted to the Director of Conservation for review and comment.
This bill would require a lead agency to consider the construction and operation of a renewable energy generation facility on disturbed mined lands to be an interim use and would prohibit a lead agency from requiring an amendment to an approved reclamation plan if specified criteria are met. The bill would require a lead agency to submit to the director an application for an operating permit for a renewable energy generation facility prior to approving the operating permit, as specified. The bill would authorize the director to prepare written comments to the operating permit application and would require the lead agency, at least 30 days prior to approving the operating permit, to prepare a written response to the directors comments. By adding to the duties of a local government acting as a lead agency, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency, as defined, for the operation of the mining operation. The act requires an amendment to an approved reclamation plan that is a substantial deviation from the approved plan to be filed with, and approved by, the lead agency and submitted to the Director of Conservation for review and comment.
This bill would require a lead agency to consider the construction and operation of a commercial renewable energy generation facility on disturbed mined lands to be an interim use and would prohibit a lead agency from requiring an amendment to an approved reclamation plan if specified criteria are met. The bill would require a lead agency to submit to the director an application for an operating permit for such a commercial renewable energy generation facility prior to approving the operating permit, as specified. The bill would authorize the director to prepare written comments to the operating permit application and would require the lead agency, at least 30 days prior to approving the operating permit, to prepare a written response to the directors comments. By adding to the duties of a local government acting as a lead agency, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency, as defined, for the operation of the mining operation. The act requires an amendment to an approved reclamation plan that is a substantial deviation from the approved plan to be filed with, and approved by, the lead agency and submitted to the Director of Conservation for review and comment.
This bill would establish an alternate procedure for the approval of an amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility. Because a lead agency would be required to determine the applicability of and implement this alternate procedure, this bill would impose a state-mandated local program.
This bill would require a lead agency to consider the construction and operation of a commercial renewable energy generation facility on disturbed mined lands to be an interim use and would prohibit a lead agency from requiring an amendment to an approved reclamation plan if specified criteria are met. The bill would require a lead agency to submit to the director an application for an operating permit for such a commercial renewable energy generation facility prior to approving the operating permit, as specified. The bill would authorize the director to prepare written comments to the operating permit application and would require the lead agency, at least 30 days prior to approving the operating permit, to prepare a written response to the directors comments. By adding to the duties of a local government acting as a lead agency, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency, as defined, for the operation of the mining operation. The act requires an amendment to an approved reclamation plan that is a substantial deviation from the approved plan to be filed with, and approved by, the lead agency and submitted to the Director of Conservation for review and comment.
This bill would establish an alternate procedure for the approval of an amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility. Because a lead agency would be required to determine the applicability of and implement this alternate procedure, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency, as defined, for the operation of the mining operation. The act requires an amendment to an approved reclamation plan that is a substantial deviation from the approved plan to be filed with, and approved by, the lead agency and submitted to the Director of Conservation for review and comment.
This bill would provide that establish an alternate procedure for the approval of an amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility and that meets specified requirements shall be deemed to be a substantial deviation from the approved plan only with respect to that designated portion of the mined lands, as specified. facility. Because a lead agency would be required to determine the applicability of and implement this provision, alternate procedure, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency, as defined, for the operation of the mining operation. Existing law exempts certain activities from the acts requirements. The act requires an amendment to an approved reclamation plan that is a substantial deviation from the approved plan to be filed with, and approved by, the lead agency and submitted to the Director of Conservation for review and comment.
This bill would additionally exempt the operation of a renewable energy generation facility, as specified, from the acts requirements.
This bill would provide that an amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility and that meets specified requirements shall be deemed to be a substantial deviation from the approved plan only with respect to that designated portion of the mined lands, as specified. Because a lead agency would be required to determine the applicability of this provision, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting a surface mining operation unless, among other things, a reclamation plan has been submitted to and approved by the lead agency, as defined, for the operation of the mining operation. Existing law exempts certain activities from the acts requirements.
This bill would additionally exempt the operation of a renewable energy generation facility, as specified, from the acts requirements.
(a)The construction and operation of a renewable energy generation facility on disturbed mined lands, including all foundations and other installations, facilities, buildings, accessory structures, and other improvements to the land that are related to the generation of energy, shall be considered an interim use for the purposes of this chapter and shall not require an amendment to an approved reclamation plan if all of the following criteria are met:
(1)The renewable energy generation facility will not adversely affect the completion of reclamation in accordance with the surface mining operations approved reclamation plan.
(2)The permit conditions of the renewable energy generation facility address and eliminate any potentially adverse impacts on the surface mining operation.
(3)The operating permit for the renewable energy generation facility includes both of the following:
(A)An approved closure and decommissioning plan that will not affect the manner in which reclamation will be achieved pursuant to this chapter.
(B)A separate financial assurance mechanism that the lead agency determines to be sufficient to perform the removal of the renewable energy generation facility.
(4)The closure and decommissioning of the renewable energy generation facility will occur prior to the later of the following:
(A)The expiration of the use permit for the surface mining operation.
(B)The completion of reclamation in accordance with the surface mining operations approved reclamation plan.
(5)All required permits for the construction and related land improvements have been approved by a public agency in accordance with the applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(b)(1)Prior to approving an operating permit for a renewable energy generation facility subject to this section, the lead agency shall submit the operating permit application with all the associated maps and plans to the director for review.
(2)The director shall have 30 days from the receipt of the application with associated documents to prepare written comments if the director chooses.
(3)The director may provide comments relating to whether the renewable energy generation facility meets the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a).
(4)The lead agency shall prepare a written response to the directors comments and submit its response to the director at least 30 days prior to the approval of the operating permit for the renewable energy generation facility.
(c)Copies of all approved permits and associated documents shall be submitted to the lead agency and the director as an addendum to the approved reclamation plan no less than 30 days prior to the commencement of land improvements associated with the renewable energy generation facility.
(d)For purposes of this section, renewable energy generation facility means a solar photovoltaic, solar thermal under 50 megawatts, or wind energy generation facility.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The construction and operation of a renewable energy generation facility on disturbed mined lands, including all foundations and other installations, facilities, buildings, accessory structures, and other improvements to the land that are related to the generation of energy, shall be considered an interim use for the purposes of this chapter and shall not require an amendment to an approved reclamation plan if all of the following criteria are met:
(1)The renewable energy generation facility will not adversely affect the completion of reclamation in accordance with the surface mining operations approved reclamation plan.
(2)The permit conditions of the renewable energy generation facility address and eliminate any potentially adverse impacts on the surface mining operation.
(3)The operating permit for the renewable energy generation facility includes both of the following:
(A)An approved closure and decommissioning plan that will not affect the manner in which reclamation will be achieved pursuant to this chapter.
(B)A separate financial assurance mechanism that the lead agency determines to be sufficient to perform the removal of the renewable energy generation facility.
(4)The closure and decommissioning of the renewable energy generation facility will occur prior to the later of the following:
(A)The expiration of the use permit for the surface mining operation.
(B)The completion of reclamation in accordance with the surface mining operations approved reclamation plan.
(5)All required permits for the construction and related land improvements have been approved by a public agency in accordance with the applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(b)(1)Prior to approving an operating permit for a renewable energy generation facility subject to this section, the lead agency shall submit the operating permit application with all the associated maps and plans to the director for review.
(2)The director shall have 30 days from the receipt of the application with associated documents to prepare written comments if the director chooses.
(3)The director may provide comments relating to whether the renewable energy generation facility meets the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a).
(4)The lead agency shall prepare a written response to the directors comments and submit its response to the director at least 30 days prior to the approval of the operating permit for the renewable energy generation facility.
(c)Copies of all approved permits and associated documents shall be submitted to the lead agency and the director as an addendum to the approved reclamation plan no less than 30 days prior to the commencement of land improvements associated with the renewable energy generation facility.
(d)For purposes of this section, renewable energy generation facility means a solar photovoltaic, solar thermal under 50 megawatts, or wind energy generation facility.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)The construction and operation of a commercial renewable energy generation facility on disturbed mined lands, including all foundations and other installations, facilities, buildings, accessory structures, and other improvements to the land that are related to the generation of energy, shall be considered an interim use for the purposes of this chapter and shall not require an amendment to an approved reclamation plan if all of the following criteria are met:
(1)The commercial renewable energy generation facility will not adversely affect the completion of reclamation in accordance with the surface mining operations approved reclamation plan.
(2)The permit conditions of the commercial renewable energy generation facility address and eliminate any potentially adverse impacts on the surface mining operation.
(3)The operating permit for the commercial renewable energy generation facility includes both of the following:
(A)An approved closure and decommissioning plan that will not affect the manner in which reclamation will be achieved pursuant to this chapter.
(B)A separate financial assurance mechanism that the lead agency determines to be sufficient to perform the removal of the renewable energy generation facility.
(4)The closure and decommissioning of the commercial renewable energy generation facility will occur prior to the later of the following:
(A)The expiration of the use permit for the surface mining operation.
(B)The completion of reclamation in accordance with the surface mining operations approved reclamation plan.
(5)All required permits for the construction and related land improvements have been approved by a public agency in accordance with the applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13) 13 (commencing with Section 21000) 21000)).
(b)(1)Prior to approving an operating permit for a commercial renewable energy generation facility subject to this section, the lead agency shall submit the operating permit application with all the associated maps and plans to the director for review.
(2)The director shall have 30 days from the receipt of the application with associated documents to prepare written comments if the director chooses.
(3)The director may provide comments relating to whether the commercial renewable energy generation facility meets the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a).
(4)The lead agency shall prepare a written response to the directors comments and submit its response to the director at least 30 days prior to the approval of the operating permit for the commercial renewable energy generation facility.
(c)Copies of all approved permits and associated documents shall be submitted to the lead agency and the director as an addendum to the approved reclamation plan no less than 30 days prior to the commencement of land improvements associated with the commercial renewable energy generation facility.
(d)For purposes of this section, renewable energy generation facility means a solar photovoltaic, solar thermal under 50 megawatts, or wind energy generation facility.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)An amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility, including associated onsite structures, equipment, machines, tools, other materials, or related land improvements, shall not be deemed to be a substantial deviation from the original approved reclamation plan for purposes of Section 2777 if the operator complies with all of the following:
(1)The lead agency, prior to the commencement of land improvements, approves the amendment to the reclamation plan together with any other changes to the reclamation plan necessary to conform with this chapter.
(2)The amended reclamation plan incorporates current reclamation standards required by this chapter and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations with respect to the designated portion of the mined lands that is the subject of the amendment to the reclamation plan.
(3)All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 commencing with Section 21000).
(4)The operating permit for the renewable energy generation facility has an approved closure plan and financial assurance that the lead agency determines to be sufficient to perform the removal of the renewable energy generation facility and to restore the disturbed lands in conformance with the approved end use. A calculated surplus or salvage value shall not be utilized to offset the costs of reclaiming the mined lands subject to the approved reclamation plan.
(b)An amendment to an approved reclamation plan described in subdivision (a) shall not be adverse to a surface mining operators vested right acquired pursuant to Section 2776 or be incompatible with future mineral extraction consistent with subparagraph (C) of paragraph (3) of subdivision (c) of Section 3676 of Title 14 of the California Code of Regulations.
SECTION 1.Section 2777.3 is added to the Public Resources Code, to read:2777.3.(a)The construction and operation of a commercial renewable energy generation facility on disturbed mined lands, including all foundations and other installations, facilities, buildings, accessory structures, and other improvements to the land that are related to the generation of energy, shall be considered an interim use for the purposes of this chapter and shall not require an amendment to an approved reclamation plan if all of the following criteria are met:
(1)The commercial renewable energy generation facility will not adversely affect the completion of reclamation in accordance with the surface mining operations approved reclamation plan.
(2)The permit conditions of the commercial renewable energy generation facility address and eliminate any potentially adverse impacts on the surface mining operation.
(3)The operating permit for the commercial renewable energy generation facility includes both of the following:
(A)An approved closure and decommissioning plan that will not affect the manner in which reclamation will be achieved pursuant to this chapter.
(B)A separate financial assurance mechanism that the lead agency determines to be sufficient to perform the removal of the renewable energy generation facility.
(4)The closure and decommissioning of the commercial renewable energy generation facility will occur prior to the later of the following:
(A)The expiration of the use permit for the surface mining operation.
(B)The completion of reclamation in accordance with the surface mining operations approved reclamation plan.
(5)All required permits for the construction and related land improvements have been approved by a public agency in accordance with the applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13) (commencing with Section 21000).
(b)(1)Prior to approving an operating permit for a commercial renewable energy generation facility subject to this section, the lead agency shall submit the operating permit application with all the associated maps and plans to the director for review.
(2)The director shall have 30 days from the receipt of the application with associated documents to prepare written comments if the director chooses.
(3)The director may provide comments relating to whether the commercial renewable energy generation facility meets the criteria set forth in paragraphs (1) to (4), inclusive, of subdivision (a).
(4)The lead agency shall prepare a written response to the directors comments and submit its response to the director at least 30 days prior to approval of the operating permit for the commercial renewable energy generation facility.
(c)Copies of all approved permits and associated documents shall be submitted to the lead agency and the director as an addendum to the approved reclamation plan no less than 30 days prior to the commencement of land improvements associated with the commercial renewable energy generation facility.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)An amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility, including associated onsite structures, equipment, machines, tools, other materials, or related land improvements, shall not be deemed to be a substantial deviation from the original approved reclamation plan for purposes of Section 2777 if the operator complies with all of the following:
(1)The lead agency, prior to the commencement of land improvements, approves the amendment to the reclamation plan together with any other changes to the reclamation plan necessary to conform with this chapter.
(2)The amended reclamation plan incorporates current reclamation standards required by this chapter and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations with respect to the designated portion of the mined lands that is the subject of the amendment to the reclamation plan.
(3)All required permits for the construction, landscaping, or related land improvements that have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 commencing with Section 21000).
(4)The operating permit for the surface mining operation renewable energy generation facility has an approved closure plan and financial assurance that the lead agency determines to be sufficient to perform the removal of the surface mining operation renewable energy generation facility and to restore the mined disturbed lands in conformance with the approved end use. A calculated surplus or salvage value shall not be utilized to offset the costs of reclaiming the mined lands subject to the approved reclamation plan.
(b)An amendment to an approved reclamation plan described in subdivision (a) shall not be adverse to a surface mining operators vested right acquired pursuant to Section 2776 or be incompatible with future mineral extraction consistent with subparagraph (C) of paragraph (3) of subdivision (c) of Section 3676 of Title 14 of the California Code of Regulations.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)An amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility, including associated onsite structures, equipment, machines, tools, other materials, or related land improvements, shall not be deemed to be a substantial deviation from the original approved reclamation plan for purposes of Section 2777 only with respect to that designated portion of the mined lands. if the operator complies with all of the following:
(b)An amendment to an approved reclamation plan described in subdivision (a) shall comply with all of the following:
(1)The provisions of this article.
(1)The lead agency, prior to the commencement of land improvements, approves the amendment to the reclamation plan together with any other changes to the reclamation plan necessary to conform with this chapter.
(2)The amended reclamation plan incorporates current reclamation standards required by this chapter and Article 9 (commencing with Section 3700) of Subchapter 1 of Chapter 8 of Division 2 of Title 14 of the California Code of Regulations with respect to the designated portion of the mined lands that is the subject of the amendment to the reclamation plan.
(2)
(3)All required permits for the construction, landscaping, or related land improvements that have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 commencing with Section 21000).
(3)
(4)The operating permit for the surface mining operation has an approved closure plan and financial assurance that the lead agency determines to be sufficient to perform the removal of the surface mining operation and to restore the mined lands. A calculated surplus or salvage value shall not be utilized to offset the costs of reclaiming the mined lands subject to the approved reclamation plan.
(c)
(b)An amendment to an approved reclamation plan described in subdivision (a) shall not be adverse to a surface mining operators vested right acquired pursuant to Section 2776 or be incompatible with future mineral extraction consistent with subparagraph (C) of paragraph (3) of subdivision (c) of Section 3676 of Title 14 of the California Code of Regulations.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)An amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility, including associated onsite structures, equipment, machines, tools, other materials, or related land improvements, shall be deemed to be a substantial deviation from the original approved reclamation plan for purposes of Section 2777 only with respect to that designated portion of the mined lands.
(b)An amendment to an approved reclamation plan described in subdivision (a) shall comply with all of the following:
(1)The provisions of this article.
(2)All required permits for the construction, landscaping, or related land improvements that have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 commencing with Section 21000).
(3)The operating permit for the surface mining operation has an approved closure plan and financial assurance that the lead agency determines to be sufficient to perform the removal of the surface mining operation and to restore the mined lands. A calculated surplus or salvage value shall not be utilized to offset the costs of reclaiming the mined lands subject to the approved reclamation plan.
(c)An amendment to an approved reclamation plan described in subdivision (a) shall not be adverse to a surface mining operators vested right acquired pursuant to Section 2776 or be incompatible with future mineral extraction consistent with subparagraph (C) of paragraph (3) of subdivision (c) of Section 3676 of Title 14 of the California Code of Regulations.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.Section 2714 of the Public Resources Code is amended to read:2714.This chapter does not apply to any of the following activities:
(a)Excavations or grading of lands conducted for farming.
(b)Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project and that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements associated with those structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:
(1)All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(2)The lead agencys approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(3)The approved construction project is consistent with the general plan or zoning of the site.
(4)Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.
(c)Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:
(1)The plant site is located on lands designated for industrial or commercial uses in the applicable county or city general plan.
(2)The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the applicable city or county.
(3)None of the minerals being processed are being extracted onsite.
(4)All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.
(d)Prospecting for, or the extraction of, minerals for commercial purposes where the removal of overburden or mineral product totals less than 1,000 cubic yards in any one location and the total surface area disturbed is less than one acre.
(e)Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.
(f)Any other surface mining operations that the board, as defined by Section 2008, determines to be of an infrequent nature and that involve only minor surface disturbances.
(g)The solar evaporation of sea water or bay water for the production of salt and related minerals.
(h)Emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.
(i)(1)Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Central Valley Flood Protection Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with the Department of Conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the board adopted pursuant to this chapter. The Department of Water Resources shall provide an annual report to the Department of Conservation by the date specified by the Department of Conservation on these mining activities.
(2)Nothing in this subdivision shall require the Department of Water Resources or the Central Valley Flood Protection Board to obtain a permit or secure approval of a reclamation plan from any city or county in order to conduct surface mining operations specified in paragraph (1). Nothing in this subdivision shall preclude the bringing of an enforcement action pursuant to Section 2774.1, if it is determined that a surface mine operator, acting under contract with the Department of Water Resources or the Central Valley Flood Protection Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Central Valley Flood Protection Board, is otherwise not in compliance with this chapter.
(j)(1)Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.
(2)This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the Department of Forestry and Fire Protection.
(k)Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions:
(1)The operations are being conducted in accordance with Division 3 (commencing with Section 3000).
(2)The operations are consistent with any general plan or zoning applicable to the site.
(3)The earthmoving activities are within oil or gas field properties under a common owner or operator.
(4)No excavated materials are sold for commercial purposes.
(l)(1)The immediate excavation or grading of lands affected by a natural disaster for the purpose of restoring those lands to their prior condition.
(2)The immediate removal of material deposited by a flood onto lands being farmed for the purpose of restoring those lands to their prior condition.
(m)The operation of a renewable energy generation facility, including associated onsite structures, equipment, machines, tools, or other materials or related land improvements approved by a public agency in accordance with applicable law, including, but not limited to, local plans and ordinances and the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
This chapter does not apply to any of the following activities:
(a)Excavations or grading of lands conducted for farming.
(b)Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project and that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements associated with those structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:
(1)All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, Division the California Environmental Quality Act (Division 13 (commencing with Section 21000). 21000)).
(2)The lead agencys approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to Division the California Environmental Quality Act (Division 13 (commencing with Section 21000). 21000)).
(3)The approved construction project is consistent with the general plan or zoning of the site.
(4)Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.
(c)Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:
(1)The plant site is located on lands designated for industrial or commercial uses in the applicable county or city general plan.
(2)The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the applicable city or county.
(3)None of the minerals being processed are being extracted onsite.
(4)All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.
(d)Prospecting for, or the extraction of, minerals for commercial purposes where the removal of overburden or mineral product totals less than 1,000 cubic yards in any one location, location and the total surface area disturbed is less than one acre.
(e)Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.
(f)Any other surface mining operations that the board, as defined by Section 2008, determines to be of an infrequent nature and that involve only minor surface disturbances.
(g)The solar evaporation of sea water or bay water for the production of salt and related minerals.
(h)Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Central Valley Flood Protection Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.
(i)(1)Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the Reclamation Central Valley Flood Protection Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with, with the Department of Conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the board adopted pursuant to this chapter. The Department of Water Resources shall provide an annual report to the Department of Conservation by the date specified by the Department of Conservation on these mining activities.
(2)Nothing in this subdivision shall require the Department of Water Resources or the Reclamation Central Valley Flood Protection Board to obtain a permit or secure approval of a reclamation plan from any city or county in order to conduct surface mining operations specified in paragraph (1). Nothing in this subdivision shall preclude the bringing of an enforcement action pursuant to Section 2774.1, if it is determined that a surface mine operator, acting under contract with the Department of Water Resources or the Reclamation Central Valley Flood Protection Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Central Valley Flood Protection Board, is otherwise not in compliance with this chapter.
(j)(1)Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.
(2)This exemption shall be available only if slope stability and erosion are controlled in accordance with subdivision (f) of Section 3704 and subdivision (d) of Section 3706 of Title 14 of the California Code of Regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the Department of Forestry and Fire Protection.
(k)Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions:
(1)The operations are being conducted in accordance with Division 3 (commencing with Section 3000).
(2)The operations are consistent with any general plan or zoning applicable to the site.
(3)The earthmoving activities are within oil or gas field properties under a common owner or operator.
(4)No excavated materials are sold for commercial purposes.
(l)(1)The immediate excavation or grading of lands affected by a natural disaster for the purpose of restoring those lands to their prior condition.
(2)The immediate removal of material deposited by a flood onto lands being farmed for the purpose of restoring those lands to their prior condition.
(m)The operation of a renewable energy generation facility, including associated onsite structures, equipment, machines, tools, or other materials or related land improvements approved by a public agency in accordance with applicable law, including, but not limited to, local plans and ordinances and the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
|
Date
|
Status
|
|---|---|
| Jun 4, 2015 | Referred to Com. on N.R. & W. |
| Oct 8, 2015 | Chaptered by Secretary of State - Chapter 595, Statutes of 2015. |
| Oct 8, 2015 | Approved by the Governor. |
| Sep 9, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.). |
| Aug 31, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 2666.). |
| Aug 20, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2120.). |
| Aug 20, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 20, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77. |
| Aug 18, 2015 | Read second time and amended. Ordered to consent calendar. |
| Aug 17, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8, be amended, and ordered to consent calendar. |
| Jul 16, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 15, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (July 14). |
| Jun 24, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 9, 2015 | In committee: Hearing postponed by committee. |
| Feb 26, 2015 | Read first time. To print. |
| May 26, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1595.) |
| May 26, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 26, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2015 | Read second time. Ordered to Consent Calendar. |
| May 20, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 20). |
| May 6, 2015 | Re-referred to Com. on APPR. |
| May 5, 2015 | Read second time and amended. |
| May 4, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 27). |
| Apr 22, 2015 | Re-referred to Com. on NAT. RES. |
| Apr 21, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Apr 6, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 19, 2015 | Referred to Com. on NAT. RES. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2015 | AB 1034 OBERNOLTE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 20, 2015 | Consent Calendar 2nd AB1034 Obernolte | Senate Floor |
Passed |
|
| Jul 14, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 26, 2015 | AB 1034 OBERNOLTE Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 20, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 27, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| County of San Bernadino | ** Support | Aug 31, 2015 |
| County of San Bernardino | ** Support | Aug 31, 2015 |
AB 1034
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 1034
(Obernolte)
As Amended August 18, 2015
Majority vote
ASSEMBLY: |
76-0 |
(May 26, 2015) |
SENATE: |
38-0 |
(August 20, 2015) |
Original Committee Reference: NAT. RES.
SUMMARY: Requires a lead agency to consider the construction and operation of a renewable energy generation facility on disturbed mined lands to be an interim use and would prohibit a lead agency from requiring an amendment to an approved reclamation plan if specified criteria are met. Specifically, the criteria that must be met for this bill to apply include all of the following:
The permit conditions for the energy facility will not adversely affect the ultimate reclamation of the mined lands or any ongoing mining operation;
The energy facility has a separate closure and decommissioning plan and a separate financial assurance mechanism to ensure that the removal of the renewable energy facility;
The closure and decommissioning will occur either before the use permit of the mine expires or before the mine reclamation process is completed; and,
That all local land use entitlements have been obtained and applicable provisions of state law have been complied with.
The Senate amendments rather than creating a process of amending a reclamation plan in which a renewable energy generation facility on disturbed mining lands will not be a substantial deviation from the original approved reclamation plan, the amendments instead designate a renewable energy generation facility on disturbed mining lands, that meets specified criteria, an interim use, which will not require an amendment to the original reclamation plan.
EXISTING LAW:
Creates the Surface Mining and Reclamation Act of 1975 (SMARA), which prohibits a person from conducting surface mining operations unless the lead agency for the operation issues a surface mining permit and approves a reclamation plan and financial assurances for reclamation. Depending on the circumstances, a lead agency can be a city, county, the San Francisco Bay Conservation and Development Commission, or the California State Mining and Geology Board (Board). Reclamation plans and financial assurances must be submitted to the director of the Department of Conservation (DOC) for review.
Requires lead agencies to require financial assurances for each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation's approved reclamation plan.
Requires the financial assurance to remain in effect for the duration of the surface mining operation and until the reclamation is complete. Requires the amount of financial assurance to be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.
Requires the lead agencies to conduct annual mine inspections to determine compliance with SMARA.
Prohibits substantial deviations from the original plan until an amendment has been filed with, and approved by, the lead agency.
Requires, pursuant to regulations adopted by the Board, when substantial amendments are proposed to reclamation plans, that were approved prior to January 15, 1993, the lead agency shall apply the most current reclamation standards in approving or denying the amended reclamation plan.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: There are over a thousand active mines in California that remove aggregate for building material, metals, and minerals. California is the only state in the United States where surface mine reclamation is not regulated by the state. Local governments, including cities and counties, are the lead agencies for most mines. However, DOC and the Board oversee their permitting, inspection, and enforcement actions. Mining operators are required under SMARA to develop and implement reclamation plans, which will return the mine to a condition where it can be used for another purpose after the mining operation is complete. Annual reports and inspections are supposed to ensure that mining operators are making progress towards reclamation. However, there are instances when the mine operator cannot be located or are unable to complete the mine reclamation. Financial assurances are required to make sure there will be resources available to reclaim the mine. The state and lead agencies have an interest in properly reclaimed mines, because a surface mine is a large hole in the ground and can have many dangerous features. If the mine is reclaimed, the land can be returned to another use. If it is not, the state or the lead agency could be responsible for protecting the public from the dangers of the mine, cleaning up the mine, and reclaiming the mine. Mine reclamation plans approved prior to January 15, 1993, are subject to less specific reclamation standards. Post 1993 reclamation standards require more specificity to ensure that proper the slope, soil, vegetative cover, and erosion control standards are in place to reclaim the mine. To comply with the post 1993 reclamation standards, mining operators often hire technical experts.
The sponsor of this bill wishes to promote the colocation of renewable energy generation facilities with mines. Many mines are in rural locations and are already disturbed lands. Therefore, they may be ideal locations for renewable energy generation facilities. Miners, who have grandfathered (pre 1993) reclamation plans, may not want to allow renewable energy generation facilities on their land because doing so would require them to amend their reclamation plans and be subject to the new reclamation standards. This bill intends to offer a solution to this problem by not requiring an amendment to a reclamation plan if certain criteria are met. This preserves the status quo while encouraging mine operators to co-locate renewable energy generation facilities.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0001475
AB 1034
Page 4
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 1034
Amended: 8/18/15 in Senate
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/26/15 (Consent) - See last page for vote
SUBJECT: Surface mining: reclamation plans: renewable energy generation facility
SOURCE: County of San Bernardino
DIGEST: This bill requires a lead agency to consider the construction and operation of a renewable energy generation facility on previously disturbed mined lands as an interim use that would not require an amendment to an approved mine reclamation plan if specified criteria are met.
Existing law:
Creates the Surface Mining and Reclamation Act of 1975 (SMARA), which prohibits a person from conducting surface mining operations unless the lead agency for the operation issues a surface mining permit and approves a reclamation plan and financial assurances for reclamation. Depending on the circumstances, a lead agency can be a city, county, the San Francisco Bay Conservation and Development Commission, or the California State Mining and Geology Board (Board). Reclamation plans and financial assurances must be submitted to the director of the Department of Conservation (DOC) for review.
Provides a mechanism by which a local agency can lose its lead agency status for its failure to implement state law. In such instances, the Board serves as the lead agency.
Requires the Board to adopt regulations that establish state policy for the reclamation of mined lands in accordance with the intent of SMARA.
Requires lead agencies to require financial assurances for each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation’s approved reclamation plan.
Requires the financial assurance to remain in effect for the duration of the surface mining operation and until the reclamation is complete. Requires the amount of financial assurance to be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.
Requires the lead agencies to conduct annual mine inspections to determine compliance with SMARA.
Prohibits substantial deviations from the original plan until an amendment has been filed with, and approved by, the lead agency.
Requires, pursuant to regulations adopted by the Board, when substantial amendments are proposed to reclamation plans, that were approved prior to January 15, 1993, the lead agency to apply the most current reclamation standards in approving or denying the amended reclamation plan.
This bill:
Eliminates the requirement for a mine reclamation amendment to be approved if a renewable energy generation facility is constructed on previously mined lands, following specified conditions.
Defines renewable energy generation facility as a solar photovoltaic, solar thermal under 50 megawatts, or wind energy generation facility.
Specifies the conditions that must apply for this law to apply include:
The permit conditions for the energy facility will not adversely affect the ultimate reclamation of the mined lands or any ongoing mining operation;
The energy facility has a separate closure and decommissioning plan and a separate financial assurance mechanism to ensure that the removal of the renewable energy facility;
The closure and decommissioning will occur either before the use permit of the mine expires or before the mine reclamation process is completed.
That all local land use entitlements have been obtained and applicable provisions of state law have complied with.
Establishes a process for the director and the lead agency to comment and respond on any compliance questions with the above conditions and for the relevant documents associated with the renewable energy generation facility to become an addendum to the approved reclamation plan.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
County of San Bernardino (source)
OPPOSITION: (Verified 8/18/15)
None received
ARGUMENTS IN SUPPORT: According to the author, California has a mandatory target of generating 33% of its electricity from renewable sources by 2020. Siting renewable energy projects can be difficult given the acreage they require, aesthetics, mitigation requirements, and local opposition to some projects. Mining locations present mutually beneficial opportunities to utilize disturbed lands for renewable energy in out-of-the-way locations and allow other lands appropriate for more robust economic development to remain available. The same is true of pristine or near-pristine public lands that have conservation or recreational value. Further, utilization of previously disturbed lands preserve pre-existing habitat conservation lands that were established as offset mitigation for prior disturbances.
According to the sponsor, San Bernardino County, this bill removes the disincentive of mine operators to consider co-location of renewable energy facilities on disturbed mining land. The county considers this bill to offer an alternate procedure to mine operators that is less expensive while preserving the ability to mine other lands on the site and reducing demand for renewable energy projects on undisturbed lands.
ASSEMBLY FLOOR: 76-0, 5/26/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis
Prepared by: William Craven / N.R. & W. / (916) 651-4116
8/19/15 20:34:29
**** END ****
AB 1034 (Obernolte) Page 4 of 4
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1034 Hearing Date: July 14, 2015
Author: |
Obernolte |
|
|
Version: |
June 24, 2015 Amended |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
William Craven |
||
Subject: Surface mining: reclamation plans: renewable energy generation facility.
BACKGROUND AND EXISTING LAW
Creates the Surface Mining and Reclamation Act of 1975 (SMARA), which prohibits a person from conducting surface mining operations unless the lead agency for the operation issues a surface mining permit and approves a reclamation plan and financial assurances for reclamation. Depending on the circumstances, a lead agency can be a city, county, the San Francisco Bay Conservation and Development Commission, or the California State Mining and Geology Board (Board). Reclamation plans and financial assurances must be submitted to the director of the Department of Conservation (DOC) for review.
Provides a mechanism by which a local agency can lose its lead agency status for its failure to implement state law. In such instances, the Board serves as the lead agency.
Requires the Board to adopt regulations that establish state policy for the reclamation of mined lands in accordance with the intent of SMARA.
Requires lead agencies to require financial assurances for each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation’s approved reclamation plan.
Requires the financial assurance to remain in effect for the duration of the surface mining operation and until the reclamation is complete. Requires the amount of financial assurance to be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.
Requires the lead agencies to conduct annual mine inspections to determine compliance with SMARA.
Prohibits substantial deviations from the original plan until an amendment has been filed with, and approved by, the lead agency.
Requires, pursuant to regulations adopted by the Board, when substantial amendments are proposed to reclamation plans, that were approved prior to January 15, 1993, the lead agency shall apply the most current reclamation standards in approving or denying the amended reclamation plan.
PROPOSED LAW
For purposes of amending an approved reclamation plan, specifies that only the designated portion of mined lands to be used for a renewable energy generation facility may be deemed a substantial deviation from the original approved reclamation plan.
Requires the proposed amendment to the designate a portion of the mine’s land for the construction and operation of a renewable energy generating facility to comply with all of the following:
Article 5 of SMARA dealing with reclamation and mining operation standards.
All required permits for the construction, landscaping, or related land improvements that have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act.
The operating permit for the surface mining operation has an approved closure plan and financial assurance that the lead agency determines to be sufficient to perform the removal of the surface mining operation and to restore the mined lands. A calculated surplus or salvage value shall not be utilized to offset the costs of reclaiming the mined lands subject to the approved reclamation plan.
Prohibits an amendment for renewable energy generation facility from adversely impacting the operator’s vested right or be incompatible with future mining.
ARGUMENTS IN SUPPORT
According to the author, California has a mandatory target of generating 33 % of its electricity from renewable sources by 2020. Siting renewable energy projects can be difficult given the acreage they require, aesthetics, mitigation requirements, and local opposition to some projects. Mining locations present mutually beneficial opportunities to utilize disturbed lands for renewable energy in out-of-the-way locations and allow other lands appropriate for more robust economic development to remain available. The same is true of pristine or near-pristine public lands that have conservation or recreational value. Further, utilization of previously disturbed lands preserve pre-existing habitat conservation lands that were established as offset mitigation for prior disturbances.
According to the sponsor, San Bernadino County, the bill would remove the disincentive of mine operators to consider co-location of renewable energy facilities on disturbed mining land. The county considers the bill to offer an alternate procedure to mine operators that is less expensive while preserving the ability to mine other lands on the site and reducing demand for renewable energy projects on undisturbed lands.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
It seems quite possible to re-draft aspects of this bill to accomplish the author’s and sponsor’s intent while also eliminating the need for an amendment reclamation plan on the part of mine operators. It seems inarguable that siting renewable energy facilities on previously disturbed land is preferable than siting such facilities on undisturbed land. The proposed amendment would establish that the renewable energy facility on disturbed land would be termed an “interim” use. The operator and local government would agree on a decommissioning plan and bonding provisions for the removal of the renewable energy facility that would not interfere with reclamation of the mined lands. The amendment retains the author’s original language that such renewable energy projects must go through CEQA. The Department of Conservation and the local government would exchange comments on the proposed renewable energy facility, but the ultimate siting approval remains with the local government. Section 2 of the bill would be retained. Section 1 as proposed to be amended is below.
SUGGESTED AMENDMENTS
AMENDMENT 1
Add Section 2777.3 to the Public Resources Code
(a) The construction and operation of a commercial renewable energy generation facility on disturbed mined lands, including all foundations and other installations, facilities, buildings, accessory structures, or other improvements to the land that are related to the generation of energy on disturbed mined lands, shall be considered an interim use for purposes of this chapter and shall not require an amendment to an approved reclamation plan if the following criteria are met:
(1) The facility project will not adversely affect the completion of reclamation in accordance with the approved reclamation plan.
(2) The facility project’s permit conditions address and eliminate any potentially adverse impacts upon the surface mining operation.
(3) The operating permit for the renewable energy generation facility includes an approved closure and decommissioning plan that will not affect the manner in which reclamation will be achieved pursuant to this chapter, and a separate financial assurance mechanism that the lead agency determines to be sufficient to perform the removal of the renewable energy generation facility.
(4) The facility project’s decommissioning will occur prior to either the expiration of the surface mining operation’s use permit or the completion of reclamation in accordance with the approved reclamation plan, whichever is later.
(5) All required permits for the construction and related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act (Division 13 commencing with Section 21000).
(b) Prior to approving a renewable energy generation facility use permit, the lead agency shall submit the application with all associated maps and plans to the director for review. The director shall have 30 days from the receipt of application with associated documents to prepare written comments if the director chooses. The director may provide comments relating to whether the renewable energy generation facility project meets the criteria outlined in Section 2777.3(a)(1)-(4). The lead agency shall prepare a written response to the director’s comments and submit the lead agency’s response to the director at least 30 days prior to approval of the use permit for the renewable energy generation facility.
(c) Copies of all approved permits and associated documents must be submitted to the lead agency, to be attached as an addendum to the approved reclamation plan, and to the director no less than 30 days prior to the commencement of any land improvements associated with the renewable energy generation facility.
SUPPORT
County of San Bernadino
OPPOSITION
None Received
-- END --
AB 1034
Page 2
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 1034
(Obernolte) – As Amended May 5, 2015
Policy Committee: |
Natural Resources |
Vote: |
9 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill establishes an alternative procedure for an amendment to an approved reclamation plan that proposes to use a designated portion of the mined lands for the construction and operation of a renewable energy generation facility. Specifically, this bill provides that such an amendment shall not be deemed a substantial deviation from the approved plan if the mining operator complies with the following:
The lead agency approves the amendment as specified prior to the commencement of land improvements.
The amended reclamation plan complies with existing reclamation statutes and regulations.
All required permits are approved by a public agency.
The operating permit for a surface mining operation has an approved closure plan and financial assurances. Prohibits a calculated surplus or salvage value from being used to offset the costs of reclaiming the mined lands.
Additionally, this bill specifies that such an amendment shall not be adverse to a surface mining operator's vested rights or incompatible with future mineral extraction as specified.
FISCAL EFFECT:
Minor and absorbable costs for the Department of Conservation (DOC) to review reclamation plan amendments and financial assurances.
COMMENTS:
Purpose. According to the author, mining locations present mutually beneficial opportunities to utilize disturbed lands for renewable energy in out-of-the-way locations and allow other lands appropriate for more robust economic development to remain available. This bill provides a process for establishing renewable energy facilities on existing mining sites.
Background. There are over a thousand active mines in California that remove aggregate for building material, metals, and minerals. Unlike any other state, most surface mines in California are regulated by local government agencies.
The Surface Mining and Reclamation Act of 1975 (SMARA) prohibits a person from conducting surface mining operations unless the lead agency for the operation issues a surface mining permit and approves a reclamation plan and financial assurances.
Mining operators are required, under SMARA, to develop and implement reclamation plans, which will return the mine to a condition where it can be used for another purpose after the mining operation is complete.
DOC and the Board of Mining and Geology oversee permitting, inspection and enforcement actions.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
AB 1034
Page 4
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 1034
(Obernolte) – As Amended April 21, 2015
SUBJECT: Surface mining: reclamation plans: renewable energy generation facility
SUMMARY: For purposes of amending an approved reclamation plan, specifies that only the designated portion of mined lands to be used for a renewable energy generation facility may be deemed a substantial deviation from the original approved reclamation plan.
EXISTING LAW:
Creates the Surface Mining and Reclamation Act of 1975 (SMARA), which prohibits a person from conducting surface mining operations unless the lead agency for the operation issues a surface mining permit and approves a reclamation plan and financial assurances for reclamation. Depending on the circumstances, a lead agency can be a city, county, the San Francisco Bay Conservation and Development Commission, or the California State Mining and Geology Board (Board). Reclamation plans and financial assurances must be submitted to the director of the Department of Conservation (DOC) for review.
Provides a mechanism by which the Board can strip a local agency of its lead agency status for its failure to implement state law, the Board then serves as the lead agency.
Requires the Board to adopt regulations that establish state policy for the reclamation of mined lands in accordance with the intent of SMARA.
Requires lead agencies to require financial assurances for each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation’s approved reclamation plan.
Requires the financial assurance to remain in effect for the duration of the surface mining operation and until the reclamation is complete. Requires the amount of financial assurance to be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.
Requires the lead agencies to conduct annual mine inspections to determine compliance with SMARA.
Prohibits substantial deviations from the original plan until an amendment has been filed with, and approved by, the lead agency.
Requires, pursuant to regulations adopted by the Board, when substantial amendments are proposed to reclamation plans, that were approved prior to January 15, 1993, the lead agency shall apply the the most current reclamation standards in approving or denying the amended reclamation plan.
THIS BILL:
For purposes of amending an approved reclamation plan, specifies that only the designated portion of mined lands to be used for a renewable energy generation facility may be deemed a substantial deviation from the original approved reclamation plan.
Requires the proposed amendment to the designate a portion of the mine’s land for the construction and operation of a renewable energy generating facility to comply with all of the following:
Article 5 of SMARA dealing with reclamation and mining operation standards.
All required permits for the construction, landscaping, or related land improvements that have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act.
The operating permit for the surface mining operation has an approved closure plan and financial assurance that the lead agency determines to be sufficient to perform the removal of the surface mining operation and to restore the mined lands. A calculated surplus or salvage value shall not be utilized to offset the costs of reclaiming the mined lands subject to the approved reclamation plan.
Prohibits an amendment for renewable energy generation facility from adversely impacting the operator’s vested right or be incompatible with future mining.
FISCAL EFFECT: Unknown
COMMENTS:
Author’s statement:
California has a mandatory target of generating 33 % of its electricity from renewable sources by 2020. Siting renewable energy projects can be difficult given the acreage they require, aesthetics, mitigation requirements, and local opposition to some projects.
Mining locations present mutually beneficial opportunities to utilize disturbed lands for renewable energy in out-of-the-way locations and allow other lands appropriate for more robust economic development to remain available. The same is true of pristine or near-pristine public lands that have conservation or recreational value. Further, utilization of previously disturbed lands preserve pre-existing habitat conservation lands that were established as offset mitigation for prior disturbances.
Reclamation. There are over a thousand active mines in California that remove aggregate for building material, metals, and minerals. California is the only state in the U.S. where surface mine reclamation is not regulated by the state. Local governments, including cities and counties, are the lead agencies for most mines. However, DOC and the Board oversee their permitting, inspection, and enforcement actions. Mining operators are required under SMARA to develop and implement reclamation plans, which will return the mine to a condition where it can be used for another purpose after the mining operation is complete. Annual reports and inspections are supposed to ensure that mining operators are making progress towards reclamation. However, there are instances when the mine operator cannot be located or are unable to complete the mine reclamation. Financial assurances are required to make sure there will be resources available to reclaim the mine. The state and lead agencies have an interest in properly reclaimed mines, because a surface mine is a large hole in the ground and can have many dangerous features. If the mine is reclaimed, the land can be returned to another use. If it is not, the state or the lead agency could be responsible for protecting the public from the dangers of the mine, cleaning up the mine, and reclaiming the mine. Mine reclamation plans approved prior to January 15, 1993 are subject to less specific reclamation standards. Post 1993 reclamation standards require more specificity to ensure that proper the slope, soil, vegetative cover, and erosion control standards are in place to reclaim the mine. To comply with the post 1993 reclamation standards, mining operators often hire technical experts.
AB 1034. The sponsor of the bill wishes to promote the colocation of renewable energy generation facilities with mines. Many mines are in rural locations and are already disturbed lands. Therefore, they may be ideal locations for renewable energy generation facilities. Miners, who have grandfathered (pre 1993) reclamation plans, may not want to allow renewable energy generation facilities on their land because doing so would require them to be subject to the new reclamation standards. AB 1034 intends to offer a solution to this problem by requiring the land where the renewable energy generation facility will be built to be subject to the new standards, but the rest of the mine would not. This preserves the status quo while encouraging mine operators to co-locate renewable energy generation facilities. However, due to a drafting error, AB 1034 might actually not do this because it calls the designated area a substantial deviation, which would trigger the post 1993 standards for the whole mine. The author and committee may wish to amend the bill to fix this drafting error and align the bill with the intent of the author by making it clear that only the land where renewable energy generation facilities is located is subject to the post 1993 standards.
Related and Prior legislation.
SB 209 (Pavley) makes numerous and significant changes to SMARA. This bill is awaiting hearing in the Senate Appropriations Committee.
AB 1142 (Gray) makes numerous and significant changes to SMARA. The bill will also be heard by this committee on April 27.
SB 1270 (Pavely, 2013) would create the Division of Mines within DOC, which would be responsible for DOC’s role under mining laws, and would amend the roles of the Board so that it is an appeals and rule-making body. This bill was held in the Senate Appropriations Committee.
SB 447 (Lara), Chapter 417, Statutes of 2013, allows, until January 1, 2019, a surface mine operator whose operations are not in compliance with its approved reclamation plan, to remain on the AB 3098 list (list of operators that are eligible to sell to the state or a local agency) if the operator stipulated to an order to comply with the lead agency and or DOC.
REGISTERED SUPPORT / OPPOSITION:
Support
County of San Bernardino (sponsor)
Opposition
None on file
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092
Discussed in Hearing
55SEC
Assembly Floor
4MIN
Assembly Standing Committee on Natural Resources
Bill Author
