BILL ANALYSIS Ó
AB 1034
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CONCURRENCE IN SENATE AMENDMENTS
AB
1034 (Obernolte)
As Amended August 18, 2015
Majority vote
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|ASSEMBLY: |76-0 |(May 26, 2015) |SENATE: |38-0 |(August 20, |
| | | | | |2015) |
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Original Committee Reference: NAT. RES.
SUMMARY: Requires a lead agency to consider the construction
and operation of a 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. Specifically,
the criteria that must be met for this bill to apply include all
of the following:
1)The permit conditions for the energy facility will not
adversely affect the ultimate reclamation of the mined lands
or any ongoing mining operation;
2)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;
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3)The closure and decommissioning will occur either before the
use permit of the mine expires or before the mine reclamation
process is completed; and,
4)That all local land use entitlements have been obtained and
applicable provisions of state law have been complied with.
The Senate amendments rather than creating a process of amending
a reclamation plan in which a renewable energy generation
facility on disturbed mining lands will not be a substantial
deviation from the original approved reclamation plan, the
amendments instead designate a renewable energy generation
facility on disturbed mining lands, that meets specified
criteria, an interim use, which will not require an amendment to
the original reclamation plan.
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)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.
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3)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.
4)Requires the lead agencies to conduct annual mine inspections
to determine compliance with SMARA.
5)Prohibits substantial deviations from the original plan until
an amendment has been filed with, and approved by, the lead
agency.
6)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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: There are over a thousand active mines in California
that remove aggregate for building material, metals, and
minerals. California is the only state in the United States
where surface mine reclamation is not regulated by the state.
Local governments, including cities and counties, are the lead
agencies for most mines. However, DOC and the Board oversee
their permitting, inspection, and enforcement actions. 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. Annual reports and inspections are
supposed to ensure that mining operators are making progress
towards reclamation. However, there are instances when the mine
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operator cannot be located or are unable to complete the mine
reclamation. Financial assurances are required to make sure
there will be resources available to reclaim the mine. The
state and lead agencies have an interest in properly reclaimed
mines, because a surface mine is a large hole in the ground and
can have many dangerous features. If the mine is reclaimed, the
land can be returned to another use. If it is not, the state or
the lead agency could be responsible for protecting the public
from the dangers of the mine, cleaning up the mine, and
reclaiming the mine. Mine reclamation plans approved prior to
January 15, 1993, are subject to less specific reclamation
standards. Post 1993 reclamation standards require more
specificity to ensure that proper the slope, soil, vegetative
cover, and erosion control standards are in place to reclaim the
mine. To comply with the post 1993 reclamation standards,
mining operators often hire technical experts.
The sponsor of this bill wishes to promote the colocation
of renewable energy generation facilities with mines. Many
mines are in rural locations and are already disturbed
lands. Therefore, they may be ideal locations for
renewable energy generation facilities. Miners, who have
grandfathered (pre 1993) reclamation plans, may not want to
allow renewable energy generation facilities on their land
because doing so would require them to amend their
reclamation plans and be subject to the new reclamation
standards. This bill intends to offer a solution to this
problem by not requiring an amendment to a reclamation plan
if certain criteria are met. This preserves the status quo
while encouraging mine operators to co-locate renewable
energy generation facilities.
Analysis Prepared by:
Michael Jarred / NAT. RES. / (916) 319-2092 FN:
0001475
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