BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1034|
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CONSENT
Bill No: AB 1034
Author: Obernolte (R), et al.
Amended: 8/18/15 in Senate
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 7/14/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning,
Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 5/26/15 (Consent) - See last page for
vote
SUBJECT: Surface mining: reclamation plans: renewable
energy generation facility
SOURCE: County of San Bernardino
DIGEST: This bill requires a lead agency to consider the
construction and operation of a renewable energy generation
facility on previously disturbed mined lands as an interim use
that would not require an amendment to an approved mine
reclamation plan if specified criteria are met.
ANALYSIS:
Existing law:
1)Creates the Surface Mining and Reclamation Act of 1975
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(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
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
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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 to
apply the most current reclamation standards in approving or
denying the amended reclamation plan.
This bill:
1)Eliminates the requirement for a mine reclamation amendment to
be approved if a renewable energy generation facility is
constructed on previously mined lands, following specified
conditions.
2)Defines renewable energy generation facility as a solar
photovoltaic, solar thermal under 50 megawatts, or wind energy
generation facility.
3)Specifies the conditions that must apply for this law to apply
include:
a) The permit conditions for the energy facility will not
adversely affect the ultimate reclamation of the mined
lands or any ongoing mining operation;
b) The energy facility has a separate closure and
decommissioning plan and a separate financial assurance
mechanism to ensure that the removal of the renewable
energy facility;
c) The closure and decommissioning will occur either before
the use permit of the mine expires or before the mine
reclamation process is completed.
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d) That all local land use entitlements have been obtained
and applicable provisions of state law have complied with.
4)Establishes a process for the director and the lead agency to
comment and respond on any compliance questions with the above
conditions and for the relevant documents associated with the
renewable energy generation facility to become an addendum to
the approved reclamation plan.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/18/15)
County of San Bernardino (source)
OPPOSITION: (Verified8/18/15)
None received
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
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mitigation for prior disturbances.
According to the sponsor, San Bernardino County, this bill
removes the disincentive of mine operators to consider
co-location of renewable energy facilities on disturbed
mining land. The county considers this 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.
ASSEMBLY FLOOR: 76-0, 5/26/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Roger Hernández, Holden, Irwin, Jones,
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Bloom, Chávez, Harper, Mathis
Prepared by:William Craven / N.R. & W. / (916) 651-4116
8/19/15 20:34:29
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