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
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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
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