AB 1034,
as amended, Obernolte. Surface mining: reclamation plans:begin delete commercialend delete 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 thebegin delete operation of theend delete 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 require a lead agency to consider the construction and operation of abegin delete commercialend delete 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 forbegin delete suchend delete abegin delete commercialend delete 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.
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) The construction and operation of abegin delete commercialend delete
4 renewable energy generation facility on disturbed mined lands,
5including all foundations and other installations, facilities,
6buildings, accessory structures, and other improvements to the
7land that are related to the generation of energy, shall be considered
8an interim use for the purposes of this chapter and shall not require
9an amendment to an approved reclamation plan if all of the
10following criteria are met:
11(1) Thebegin delete commercialend delete renewable energy generation
facility will
12not adversely affect the completion of reclamation in accordance
13with the surface mining operation’s approved reclamation plan.
14(2) The permit conditions of thebegin delete commercialend delete renewable energy
15generation facility address and eliminate any potentially adverse
16impacts on the surface mining operation.
P3 1(3) The operating permit for thebegin delete commercialend delete renewable energy
2generation facility includes both of the following:
3(A) An approved closure and decommissioning plan that will
4not affect the manner in which reclamation will be achieved
5pursuant to this chapter.
6(B) A separate financial assurance mechanism that the lead
7agency determines to be sufficient to perform the removal of the
8renewable energy generation facility.
9(4) The closure and decommissioning of thebegin delete commercialend delete
10 renewable energy generation facility will occur prior to the later
11of the following:
12(A) The expiration of the use permit for the surface mining
13operation.
14(B) The completion of reclamation in accordance with the
15surface mining operation’s approved reclamation plan.
16(5) All required permits for the construction
and related land
17improvements have been approved by a public agency in
18accordance with the applicable provisions of state law and locally
19adopted plans and ordinances, including, but not limited to, the
20California Environmental Quality Act (Divisionbegin delete 13)end deletebegin insert 13end insert
21 (commencing with Sectionbegin delete 21000)end deletebegin insert 21000))end insert.
22(b) (1) Prior to approving an operating permit for abegin delete commercialend delete
23 renewable energy generation facility subject to
this section, the
24lead agency shall submit the operating permit application with all
25the associated maps and plans to the director for review.
26(2) The director shall have 30 days from the receipt of the
27application with associated documents to prepare written comments
28if the director chooses.
29(3) The director may provide comments relating to whether the
30begin delete commercialend delete renewable energy generation facility meets the criteria
31set forth in paragraphs (1) to (4), inclusive, of subdivision (a).
32(4) The lead agency shall prepare a written response to the
33director’s comments and submit its response to the director at least
3430 days prior tobegin insert
theend insert approval of the operating permit for the
35begin delete commercialend delete
renewable energy generation facility.
36(c) Copies of all approved permits and associated documents
37shall be submitted to the lead agency and the director as an
38addendum to the approved reclamation plan no less than 30 days
39
prior to the commencement of land improvements associated with
40thebegin delete commercialend delete renewable energy generation facility.
P4 1(d) For purposes of this section, “renewable energy generation
2facility” means a solar photovoltaic, solar thermal under 50
3megawatts, or wind energy generation facility.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6a local agency or school district has the authority to levy service
7charges, fees, or assessments sufficient to pay for the program or
8level of service mandated by this act, within the meaning of Section
917556 of the Government Code.
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