AB 1034, as amended, Obernolte. Surface mining: reclamation plans: renewable energy generation facility.
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 wouldbegin delete provide thatend deletebegin insert establish an alternate procedure for the approval ofend insert 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 generationbegin delete 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.end deletebegin insert facility.end insert Because a lead agency would be required to determine the applicability ofbegin insert and implementend insert thisbegin delete provision,end deletebegin insert alternate procedure,end insert 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 2777.3 is added to the Public Resources
2Code, to read:
(a) An amendment to an approved reclamation plan
4that proposes to use a designated portion of the mined lands for
5the construction and operation of a renewable energy generation
6facility, including associated onsite structures, equipment,
7machines, tools, other materials, or related land improvements,
8shallbegin insert notend insert be deemed to be a substantial deviation from the original
9approved reclamation plan for purposes of Section 2777begin delete only with begin insert
if the operator
10respect to that designated portion of the mined lands.end delete
11complies with all of the following:end insert
12(b) An amendment to an approved reclamation plan described
13in subdivision (a) shall comply with all of the following:
14(1) The provisions of this article.
end delete
15(1) The lead agency, prior to the commencement of land
16improvements, approves the amendment to the reclamation plan
17together with any other changes to the reclamation plan necessary
18to conform with this chapter.
19(2) The amended reclamation plan incorporates current
20reclamation standards required by this chapter and Article 9
21(commencing with Section 3700) of Subchapter 1 of Chapter 8 of
22Division 2 of Title 14 of the California Code of Regulations with
23respect to the designated portion of the mined lands that is the
24subject of the amendment to the reclamation plan.
25(2)
end delete
P3 1begin insert(3)end insert All required permits for the construction, landscaping, or
2related land improvements that have been approved by a public
3agency in accordance with applicable provisions of state law and
4locally
adopted plans and ordinances, including, but not limited
5to, the California Environmental Quality Act (Division 13
6commencing with Section 21000).
7(3)
end delete
8begin insert(4)end insert The operating permit for the surface mining operation has
9an approved closure plan and financial assurance that the lead
10agency determines to be sufficient to perform the removal of the
11surface mining operation and to restore the mined lands. A
12calculated surplus or salvage value shall not be utilized to offset
13the costs of reclaiming the mined lands subject to the approved
14reclamation plan.
15(c)
end delete
16begin insert(b)end insert An amendment to an approved reclamation plan described
17in subdivision (a) shall not be adverse to a surface mining
18operator’s vested right acquired pursuant to Section 2776 or be
19incompatible with future mineral extraction consistent with
20subparagraph (C) of paragraph (3) of subdivision (c) of Section
213676 of Title 14 of the California Code of Regulations.
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution because
24a local agency or school district has the authority to levy service
25charges, fees, or assessments sufficient to pay for the program or
26level of service mandated by this act, within the meaning of Section
2717556 of the Government Code.
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