If enacted, AB 438 would mandate local agencies to obtain a low-carbon infrastructure supply chain analysis from the state board before making decisions on the permits. This analysis will evaluate the greenhouse gas emissions tied to the transport of construction aggregate materials, emphasizing the importance of considering climate change and the state's greenhouse gas reduction goals during these local decisions. In doing so, it attempts to integrate state-level environmental regulations into local permitting procedures, making the environmental impacts more transparent to the public.
Summary
Assembly Bill 438, introduced by Assembly Member Caballero, seeks to amend the Health and Safety Code to address greenhouse gas emissions associated with surface mining operations within California. Specifically, the bill requires local government entities acting as lead agencies under the Surface Mining and Reclamation Act of 1975 to notify the State Air Resources Board upon receiving applications for new or renewed permits related to construction aggregate operations. This legislation aims to ensure that all potential environmental impacts, particularly those pertaining to greenhouse gas emissions, are considered during the permitting process.
Contention
While AB 438 has the potential to enhance environmental awareness in the mining permit process, some stakeholders may view it as an additional regulatory burden for local agencies. Opponents might argue that this requirement could slow down the application process for mining permits or deter new operations due to the increased scrutiny they would face regarding their environmental impact. Furthermore, the provision that no state reimbursement will be mandated for the cost of these analyses might raise concerns about the financial implications for local agencies, especially those with limited resources.