California Legislature—2015–16 Regular Session

Assembly Bill No. 1034

Introduced by Assembly Member Obernolte

(Principal coauthor: Senator Fuller)

(Coauthor: Senator Morrell)

February 26, 2015

An act to amend Section 2714 of the Public Resources Code, relating to surface mining.

LEGISLATIVE COUNSEL’S DIGEST

AB 1034, as introduced, Obernolte. Surface mining and reclamation plans: exemption.

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 act’s requirements.

This bill would additionally exempt the operation of a renewable energy generation facility, as specified, from the act’s requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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,
begin delete Division end delete begin insert the California Environmental Quality Act (Division end insert 13
(commencing with Section begin delete 21000). end delete begin insert 21000)). end insert

(2) The lead agency’s approval of the construction project
included consideration of the onsite excavation and onsite
earthmoving activities pursuant to begin delete Division end delete begin insert the California
Environmental Quality Act (Division end insert 13 (commencing with Section
begin delete 21000). end delete begin insert 21000)). end insert

(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 begin delete location, end delete begin insert location end insert 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 begin delete Reclamation end delete begin insert Central Valley
Flood Protection end insert 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
begin delete Reclamation end delete begin insert Central Valley Flood Protection end insert Board for the purpose
of flood control, if the Department of Water Resources adopts,
after submission to and consultation begin delete with, end delete begin insert with end insert 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 begin delete Reclamation end delete begin insert Central Valley Flood
Protection end insert 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 begin delete Reclamation end delete begin insert Central Valley Flood Protection end insert
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 begin delete Reclamation end delete begin insert Central Valley Flood
Protection end insert 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.

begin insert

(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)).

end insert