AB 1034, as amended, Obernolte. Surface mining: reclamation plans:begin insert commercialend insert 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.
end deleteThis 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 director’s comments. By adding to the duties of a local government acting as a lead agency, this bill would impose a state-mandated local program.
end insertThe 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
P3 1together with any other changes to the reclamation plan necessary
2to conform with this chapter.
3(2) The amended reclamation plan incorporates current
4reclamation standards required by this chapter and Article 9
5(commencing with Section 3700) of Subchapter 1 of Chapter 8 of
6Division 2 of Title 14 of the California Code of Regulations with
7respect to the designated portion of the mined lands that is the
8subject of the amendment to the reclamation plan.
9(3) All required permits for the construction, landscaping, or
10related land
improvements have been approved by a public agency
11in accordance with applicable provisions of state law and locally
12adopted plans and ordinances, including, but not limited to, the
13California Environmental Quality Act (Division 13 commencing
14with Section 21000).
15(4) The operating permit for the renewable energy generation
16facility has an approved closure plan and financial assurance that
17the lead agency determines to be sufficient to perform the removal
18of the
renewable energy generation facility and to restore the
19disturbed lands in conformance with the approved end use. A
20calculated surplus or salvage value shall not be utilized to offset
21the costs of reclaiming the mined lands subject to the approved
22reclamation plan.
23(b) An amendment to an approved reclamation plan described
24in subdivision (a) shall not be adverse to a surface mining
25operator’s vested right acquired pursuant to Section 2776 or be
26incompatible with future mineral extraction consistent with
27subparagraph (C) of paragraph (3) of subdivision (c)
of Section
283676 of Title 14 of the California Code of Regulations.
begin insertSection 2777.3 is added to the end insertbegin insertPublic Resources
30Codeend insertbegin insert, to read:end insert
(a) The construction and operation of a commercial
32renewable energy generation facility on disturbed mined lands,
33including all foundations and other installations, facilities,
34buildings, accessory structures, and other improvements to the
35land that are related to the generation of energy, shall be
36considered an interim use for the purposes of this chapter and
37shall not require an amendment to an approved reclamation plan
38if all of the following criteria are met:
P4 1(1) The commercial renewable energy generation facility will
2not adversely affect the completion of reclamation in accordance
3with the surface mining operation’s approved reclamation plan.
4(2) The permit conditions of
the commercial renewable energy
5generation facility address and eliminate any potentially adverse
6impacts on the surface mining operation.
7(3) The operating permit for the commercial renewable energy
8generation facility includes both of the following:
9(A) An approved closure and decommissioning plan that will
10not affect the manner in which reclamation will be achieved
11pursuant to this chapter.
12(B) A separate financial assurance mechanism that the lead
13agency determines to be sufficient to perform the removal of the
14renewable energy generation facility.
15(4) The closure and decommissioning of the commercial
16renewable energy generation facility will occur prior to the later
17of the following:
18(A) The expiration of the use permit for the surface mining
19operation.
20(B) The completion of reclamation in accordance with the
21surface mining operation’s approved reclamation plan.
22(5) All required permits for the construction and related land
23improvements have been approved by a public agency in
24accordance with the applicable provisions of state law and locally
25adopted plans and ordinances, including, but not limited to, the
26California Environmental Quality Act (Division 13) (commencing
27with Section 21000).
28(b) (1) Prior to approving an operating permit for a commercial
29renewable energy generation facility subject to this section, the
30lead agency shall submit the operating permit application with all
31the associated maps and plans to the director for review.
32(2) The director shall have 30 days from the receipt of the
33application with associated documents to prepare written
34comments if the director chooses.
35(3) The director may provide comments relating to whether the
36commercial renewable energy generation facility meets the criteria
37set forth in paragraphs (1) to (4), inclusive, of subdivision (a).
38(4) The lead agency shall prepare a written response to the
39director’s comments and submit its response to the director at
P5 1least 30 days prior to approval of the operating permit for the
2commercial renewable energy generation facility.
3(c) Copies of all approved permits and associated documents
4shall be submitted to the lead agency and the director as an
5addendum to the approved reclamation plan no less than 30 days
6
prior to the commencement of land improvements associated with
7the commercial renewable energy generation facility.
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10a local agency or school district has the authority to levy service
11charges, fees, or assessments sufficient to pay for the program or
12level of service mandated by this act, within the meaning of Section
1317556 of the Government Code.
O
95