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AB-438 Surface mining: greenhouse gases.(2017-2018)

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Date Published: 02/13/2017 02:00 PM
AB438:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 438


Introduced by Assembly Member Caballero

February 13, 2017


An act to add Section 39732 to the Health and Safety Code, relating to greenhouse gases.


LEGISLATIVE COUNSEL'S DIGEST


AB 438, as introduced, Caballero. Surface mining: greenhouse gases.
The Surface Mining and Reclamation Act of 1975 prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a permit is obtained from, a specified reclamation plan is submitted to and approved by, and financial assurances for reclamation have been approved by the lead agency for the operation of the surface mining operation.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to approve a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020 and to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030.
This bill would require a city or county acting as a lead agency under the Surface Mining and Reclamation Act of 1975 to notify the state board when an application for a new permit or to renew a permit for a surface mining operation for construction aggregate operations is filed with the city or county. The bill would require the state board to prepare and provide to the city or county a low-carbon infrastructure supply chain analysis, as specified, to assist the city or county in its decisionmaking role under the Surface Mining and Reclamation Act of 1975. The bill would require the city or county to make publicly available the low-carbon infrastructure supply chain analysis provided by the state board, as specified. By adding to the duties of a city or county acting as a lead agency under the Surface Mining and Reclamation Act of 1975, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The thoughtful permitting and development of construction aggregate operations impacts the state’s total greenhouse gas emissions, and thereby impacts the state’s mandates to reduce greenhouse gas emissions because construction aggregate resources are a high-weight commodity transported and delivered primarily by diesel-powered trucks that release carbon dioxide and other heat-trapping greenhouse gases into the atmosphere.
(b) Cities and counties, in deciding whether to grant or deny a permit required for a new construction aggregate operation under Section 2770 of the Public Resources Code, should consider and disclose the potential effects of their decision on greenhouse gas emissions and, more generally, on the state’s climate change-related goals and mandates.

SEC. 2.

 Section 39732 is added to the Health and Safety Code, to read:

39732.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Lead agency” means a city or county acting as a lead agency pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code).
(2) “Surface mining operation” has the same meaning as in Section 2735 of the Public Resources Code.
(b) Upon receiving an application for a new permit or to renew an existing permit to conduct a surface mining operation for construction aggregate operations pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code), a lead agency shall notify the state board within 30 days of receiving the application.
(c) Within 120 days of receiving of the lead agency’s notification pursuant to subdivision (b), the state board, in consultation with the appropriate district, shall prepare and provide to the lead agency a low-carbon infrastructure supply chain analysis to assist the lead agency in its decisionmaking role pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2 of the Public Resources Code). The analysis shall be based on the best information readily available, including, but not limited to, relevant information from metropolitan planning organizations, regional transportation planning agencies, the Department of Conservation, and the California Geological Survey. The analysis shall evaluate all of the following:
(1) The greenhouse gas emissions associated with the permit application specific to transporting the surface mining operation’s construction aggregates within the market area that the surface mining operation would or does serve based on the projected growth and demand for those aggregates in that market area.
(2) The greenhouse gas emissions associated with transporting the surface mining operation’s construction aggregates from other likely alternative supply sources if a permit is denied or not renewed.
(3) The effect of approving, not renewing, or denying a surface mining operation permit on the state’s climate change-related goals and mandates adopted pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and this division.
(d) The lead agency shall make publicly available the low-carbon infrastructure supply chain analysis provided pursuant to subdivision (b) when the lead agency issues its final decision regarding the permit.
(e) Nothing in this section shall be construed as mandating an action by a lead agency except for the following:
(1) The lead agency’s notification to the state board of an application for a new permit or to renew an existing permit to conduct a surface mining operation for construction aggregate operations pursuant to Section 2770 of the Public Resources Code.
(2) The lead agency’s public disclosure of the low-carbon infrastructure supply chain analysis with the lead agency’s decision to grant or deny a new permit or to renew an existing permit to conduct a surface mining operation for construction aggregate operations.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.