BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1034 Hearing Date: July 14,
2015
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|Author: |Obernolte | | |
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|Version: |June 24, 2015 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|William Craven |
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Subject: Surface mining: reclamation plans: renewable energy
generation facility.
BACKGROUND AND EXISTING LAW
1)Creates the Surface Mining and Reclamation Act of 1975
(SMARA), which 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 for reclamation. Depending on the
circumstances, a lead agency can be a city, county, the San
Francisco Bay Conservation and Development Commission, or the
California State Mining and Geology Board (Board). Reclamation
plans and financial assurances must be submitted to the
director of the Department of Conservation (DOC) for review.
2)Provides a mechanism by which a local agency can lose its
lead agency status for its failure to implement state law. In
such instances, the Board serves as the lead agency.
3)Requires the Board to adopt regulations that establish state
policy for the reclamation of mined lands in accordance with
the intent of SMARA.
4)Requires lead agencies to require financial assurances for
each surface mining operation to ensure reclamation is
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performed in accordance with the surface mining operation's
approved reclamation plan.
5)Requires the financial assurance to remain in effect for the
duration of the surface mining operation and until the
reclamation is complete. Requires the amount of financial
assurance to be adjusted annually to account for new lands
disturbed by surface mining operations, inflation, and
reclamation of lands accomplished in accordance with the
approved reclamation plan.
6)Requires the lead agencies to conduct annual mine inspections
to determine compliance with SMARA.
7)Prohibits substantial deviations from the original plan until
an amendment has been filed with, and approved by, the lead
agency.
8)Requires, pursuant to regulations adopted by the Board, when
substantial amendments are proposed to reclamation plans, that
were approved prior to January 15, 1993, the lead agency shall
apply the most current reclamation standards in approving or
denying the amended reclamation plan.
PROPOSED LAW
1)For purposes of amending an approved reclamation plan,
specifies that only the designated portion of mined lands to
be used for a renewable energy generation facility may be
deemed a substantial deviation from the original approved
reclamation plan.
2)Requires the proposed amendment to the designate a portion of
the mine's land for the construction and operation of a
renewable energy generating facility to comply with all of the
following:
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a) Article 5 of SMARA dealing with reclamation and mining
operation standards.
b) All required permits for the construction, landscaping,
or related land improvements that have been approved by a
public agency in accordance with applicable provisions of
state law and locally adopted plans and ordinances,
including, but not limited to, the California Environmental
Quality Act.
c) The operating permit for the surface mining operation
has an approved closure plan and financial assurance that
the lead agency determines to be sufficient to perform the
removal of the surface mining operation and to restore the
mined lands. A calculated surplus or salvage value shall
not be utilized to offset the costs of reclaiming the mined
lands subject to the approved reclamation plan.
Prohibits an amendment for renewable energy generation facility
from adversely impacting the operator's vested right or be
incompatible with future mining.
ARGUMENTS IN SUPPORT
According to the author, California has a mandatory target
of generating 33 % of its electricity from renewable
sources by 2020. Siting renewable energy projects can be
difficult given the acreage they require, aesthetics,
mitigation requirements, and local opposition to some
projects. 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. The same is true of pristine or near-pristine
public lands that have conservation or recreational value.
Further, utilization of previously disturbed lands preserve
pre-existing habitat conservation lands that were
established as offset mitigation for prior disturbances.
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According to the sponsor, San Bernadino County, the bill
would remove the disincentive of mine operators to consider
co-location of renewable energy facilities on disturbed
mining land. The county considers the bill to offer an
alternate procedure to mine operators that is less
expensive while preserving the ability to mine other lands
on the site and reducing demand for renewable energy
projects on undisturbed lands.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
It seems quite possible to re-draft aspects of this bill to
accomplish the author's and sponsor's intent while also
eliminating the need for an amendment reclamation plan on the
part of mine operators. It seems inarguable that siting
renewable energy facilities on previously disturbed land is
preferable than siting such facilities on undisturbed land. The
proposed amendment would establish that the renewable energy
facility on disturbed land would be termed an "interim" use. The
operator and local government would agree on a decommissioning
plan and bonding provisions for the removal of the renewable
energy facility that would not interfere with reclamation of the
mined lands. The amendment retains the author's original
language that such renewable energy projects must go through
CEQA. The Department of Conservation and the local government
would exchange comments on the proposed renewable energy
facility, but the ultimate siting approval remains with the
local government. Section 2 of the bill would be retained.
Section 1 as proposed to be amended is below.
SUGGESTED AMENDMENTS
AMENDMENT 1
Add Section 2777.3 to the Public Resources Code
(a) The construction and operation of a commercial renewable
energy generation facility on disturbed mined lands, including
all foundations and other installations, facilities, buildings,
accessory structures, or other improvements to the land that are
related to the generation of energy on disturbed mined lands,
shall be considered an interim use for purposes of this chapter
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and shall not require an amendment to an approved reclamation
plan if the following criteria are met:
(1) The facility project will not adversely affect the
completion of reclamation in accordance with the approved
reclamation plan.
(2) The facility project's permit conditions address and
eliminate any potentially adverse impacts upon the surface
mining operation.
(3) The operating permit for the renewable energy generation
facility includes an approved closure and decommissioning plan
that will not affect the manner in which reclamation will be
achieved pursuant to this chapter, and a separate financial
assurance mechanism that the lead agency determines to be
sufficient to perform the removal of the renewable energy
generation facility.
(4) The facility project's decommissioning will occur prior to
either the expiration of the surface mining operation's use
permit or the completion of reclamation in accordance with the
approved reclamation plan, whichever is later.
(5) All required permits for the construction and related land
improvements have been approved by a public agency in accordance
with applicable provisions of state law and locally adopted
plans and ordinances, including, but not limited to, the
California Environmental Quality Act (Division 13 commencing
with Section 21000).
(b) Prior to approving a renewable energy generation facility
use permit, the lead agency shall submit the application with
all associated maps and plans to the director for review. The
director shall have 30 days from the receipt of application with
associated documents to prepare written comments if the director
chooses. The director may provide comments relating to whether
the renewable energy generation facility project meets the
criteria outlined in Section 2777.3(a)(1)-(4). The lead agency
shall prepare a written response to the director's comments and
submit the lead agency's response to the director at least 30
days prior to approval of the use permit for the renewable
energy generation facility.
(c) Copies of all approved permits and associated documents must
be submitted to the lead agency, to be attached as an addendum
to the approved reclamation plan, and to the director no less
than 30 days prior to the commencement of any land improvements
associated with the renewable energy generation facility.
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SUPPORT
County of San Bernadino
OPPOSITION
None Received
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