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 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.
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,
8shall not be deemed to be a substantial deviation from the original
9approved reclamation plan for purposes of Section 2777
if the
10operator complies with all of the following:
11(1) The lead agency, prior to the commencement of land
12improvements, approves the amendment to the reclamation plan
13together with any other changes to the reclamation plan necessary
14to conform with this chapter.
15(2) The amended reclamation plan incorporates current
16reclamation standards required by this chapter and Article 9
17(commencing with Section 3700) of Subchapter 1 of Chapter 8 of
18Division 2 of Title 14 of the California Code of Regulations with
19respect to the designated portion of the mined lands that is the
20subject of the amendment to the reclamation plan.
21(3) All required permits for the construction, landscaping, or
22related land
improvementsbegin delete thatend delete have been approved by a public
23agency in accordance with applicable provisions of state law and
24locally adopted plans and ordinances, including, but not limited
25to, the California Environmental Quality Act (Division 13
26commencing with Section 21000).
27(4) The operating permit for thebegin delete surface mining operationend delete
28begin insert renewable energy generation facilityend insert has an approved closure plan
P3 1and financial assurance that the lead agency determines to be
2sufficient to perform the removal of thebegin delete surface mining operationend delete
3begin insert
renewable energy generation facilityend insert and to restore thebegin delete minedend delete
4begin insert disturbedend insert landsbegin insert in conformance with the approved end useend insert. A
5calculated surplus or salvage value shall not be utilized to offset
6the costs of reclaiming the mined lands subject to the approved
7reclamation plan.
8(b) An amendment to an approved reclamation plan described
9in subdivision (a) shall not be adverse to a surface mining
10operator’s vested right acquired pursuant to Section 2776 or be
11incompatible with future mineral extraction consistent with
12subparagraph (C) of paragraph (3) of subdivision (c)
of Section
133676 of Title 14 of the California Code of Regulations.
No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16a local agency or school district has the authority to levy service
17charges, fees, or assessments sufficient to pay for the program or
18level of service mandated by this act, within the meaning of Section
1917556 of the Government Code.
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