Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1034

Introduced by Assembly Member Obernolte

(Principal coauthor: Senator Fuller)

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(Coauthor: Assembly Member Steinorth)

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(Coauthor: Senator Morrell)

February 26, 2015

An act to begin delete amend end delete begin insert add end insert Section begin delete 2714 of end delete begin insert 2777.3 to end insert the Public Resources Code, relating to surface mining.

LEGISLATIVE COUNSEL’S DIGEST

AB 1034, as amended, Obernolte. Surface begin delete mining and end delete begin insert mining: end insert reclamation begin delete plans: exemption. end delete begin insert plans: renewable energy generation facility. end insert

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. begin delete Existing law exempts certain activities from the act’s requirements. end delete begin insert 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. end insert

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

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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.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 2777.3 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

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begin insert 2777.3. end insert   

(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
operator’s 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.

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begin insert SEC. 2. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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.

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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 agency’s 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)).

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