BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1034


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1034 (Obernolte) - As Amended May 5, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill establishes an alternative procedure for an amendment  
          to an approved reclamation plan that proposes to use a  
          designated portion of the mined lands for the construction and  








                                                                    AB 1034


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          operation of a renewable energy generation facility.   
          Specifically, this bill provides that such an amendment shall  
          not be deemed a substantial deviation from the approved plan if  
          the mining operator complies with the following:


          1)The lead agency approves the amendment as specified prior to  
            the commencement of land improvements.


          2)The amended reclamation plan complies with existing  
            reclamation statutes and regulations.


          3)All required permits are approved by a public agency.


          4)The operating permit for a surface mining operation has an  
            approved closure plan and financial assurances.  Prohibits a  
            calculated surplus or salvage value from being used to offset  
            the costs of reclaiming the mined lands.





          Additionally, this bill specifies that such an amendment shall  
          not be adverse to a surface mining operator's vested rights or  
          incompatible with future mineral extraction as specified.


          FISCAL EFFECT:


          Minor and absorbable costs for the Department of Conservation  
          (DOC) to review reclamation plan amendments and financial  
          assurances. 










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          COMMENTS:


          1)Purpose. According to the author, mining locations present  
            mutually beneficial opportunities to utilize disturbed lands  
            for renewable energy in out-of-the-way locations and allow  
            other lands appropriate for more robust economic development  
            to remain available.   This bill provides a process for  
            establishing renewable energy facilities on existing mining  
            sites.
          2)Background.  There are over a thousand active mines in  
            California that remove aggregate for building material,  
            metals, and minerals. Unlike any other state, most surface  
            mines in California are regulated by local government  
            agencies.     


            The Surface Mining and Reclamation Act of 1975 (SMARA)  
            prohibits a person from conducting surface mining operations  
            unless the lead agency for the operation issues a surface  
            mining permit and approves a reclamation plan and financial  
            assurances.


            Mining operators are required, under SMARA, to develop and  
            implement reclamation plans, which will return the mine to a  
            condition where it can be used for another purpose after the  
            mining operation is complete.


            DOC and the Board of Mining and Geology oversee permitting,  
            inspection and enforcement actions.


          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081











                                                                    AB 1034


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