BILL NUMBER: AB 222	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JULY 8, 2009
	AMENDED IN ASSEMBLY  MAY 28, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Members Adams and Ma
   (Coauthors: Assembly Members Blakeslee, Conway,  Duvall,
 Emmerson, Fletcher, Fuentes, Galgiani, Gilmore, Knight,
Mendoza, Smyth, and Torrico)
   (Coauthors: Senators Benoit and Calderon)

                        FEBRUARY 4, 2009

    An act to amend Sections 25741, 25806, 40194, and 40201
of, to add Sections 40103 and 41786.5 to, and to repeal Section 40117
of, the Public Resources Code, relating to energy.   An
act to amend Sections 40194 and 40201 of, to add Section 40103 to,
and to repeal Section 40117 of, the Public Resources Code, relating
to solid waste. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 222, as amended, Adams.  Energy: biofuels. 
 Solid waste: defin   itions.  
   (1) Existing law establishes the Public Interest Research,
Development, and Demonstration Fund in the State Treasury, and
provides that the money collected by the public goods charge to
support cost-effective energy efficiency and conservation activities
and public interest energy research, development, and demonstration
projects not adequately provided by competitive and regulated
markets, be deposited in the fund for use by the State Energy
Resources Conservation and Development Commission (Energy
Commission). Existing law requires the Energy Commission to use those
funds to develop, implement, and administer the Public Interest
Research, Development, and Demonstration Program to develop
technologies to, among other things, improve environmental quality,
enhance electrical system reliability, increase efficiency of
energy-using technologies, lower electrical system costs, or provide
other tangible benefits to electric utility customers. Existing law
defines "in-state renewable electricity generation facility" for the
purposes of the program to include, among other things, a facility
that uses municipal solid waste conversion.  
   This bill would instead define "in-state renewable electricity
generation facility" to include a facility that uses conversion at a
biorefinery. The bill would define "biorefinery" to mean a facility
that uses a nonincineration thermal, chemical, biological, or
mechanical conservation process, or a combination of those processes,
to produce clean burning fuel for generating electricity or a
renewable fuel from carbonaceous materials not derived from fossil
fuel or solid waste feedstock.  
   (2) The California Integrated Waste Management Act of 1989
requires cities and counties, on and after January 1, 2000, to divert
50% of all solid waste through source reduction, recycling, and
composting activities.  
   This bill would authorize a jurisdiction, if the act requires a
solid waste diversion of more than 50%, to consider solid waste
diverted to a biorefinery as disposal reduction in meeting the solid
waste diversion level requirement above 50% if the jurisdiction makes
a specified certification to the board.  
   (3)  The act 
    The California Integrated Waste Management Act of 1989 
defines various terms, including "gasification," "solid waste
facility," and "transformation" for the purposes of the act.
   This bill would repeal the term "gasification."  The bill
would additionally define "solid waste facility" to include a
biorefinery that processes solid waste.  The bill would
revise and recast the definition of "transformation" to exclude from
that definition, among other things, anaerobic digestion, as defined,
and  to include in that definition  solid waste conversion
at a biorefinery  , as defined. The bill would revise the
definition of "solid waste" remove "gasification"   from
that definition  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 40103 is added to the 
 Public Resources Code   , to read:  
   40103.  "Anaerobic digestion" means a process using the bacterial
breakdown of compostable organic material in a controlled environment
that meets other parameters as established by the department. 
   SEC. 2.    Section 40117 of the   Public
Resources Code   is repealed.  
   40117.  "Gasification" means a technology that uses a
noncombustion thermal process to convert solid waste to a clean
burning fuel for the purpose of generating electricity, and that, at
minimum, meets all of the following criteria:
   (a) The technology does not use air or oxygen in the conversion
process, except ambient air to maintain temperature control.
   (b) The technology produces no discharges of air contaminants or
emissions, including greenhouse gases, as defined in subdivision (g)
of Section 38505 of the Health and Safety Code.
   (c) The technology produces no discharges to surface or
groundwaters of the state.
   (d) The technology produces no hazardous waste.
   (e) To the maximum extent feasible, the technology removes all
recyclable materials and marketable green waste compostable materials
from the solid waste stream prior to the conversion process and the
owner or operator of the facility certifies that those materials will
be recycled or composted.
   (f) The facility where the technology is used is in compliance
with all applicable laws, regulations, and ordinances.
   (g) The facility certifies to the board that any local agency
sending solid waste to the facility is in compliance with this
division and has reduced, recycled, or composted solid waste to the
maximum extent feasible, and the board makes a finding that the local
agency has diverted at least 30 percent of all solid waste through
source reduction, recycling, and composting. 
   SEC. 3.    Section 40194 of the   Public
Resources Code   is amended to read: 
   40194.  "Solid waste facility" includes a solid waste transfer or
processing station, a composting facility,  a gasification
facility,  a transformation facility, and a disposal
facility. For purposes of Part 5 (commencing with Section 45000),
"solid waste facility" additionally includes a solid waste operation
that may be carried out pursuant to an enforcement agency
notification, as provided in regulations adopted by the 
board   department  .
   SEC. 4.    Section 40201 of the   Public
Resources Code   is amended to read: 
   40201.  "Transformation" means incineration, pyrolysis,
distillation,  or  biological conversion other than
composting  and anaerobic digestion, or the processing of solid
waste at a biorefinery. "Biorefinery" means a facility that utilizes
noninceration thermal, chemical, biological, or mechanical conversion
processes, other than composting and anaerobic digestion  .
"Transformation" does not include composting,  gasification
  anaerobic digestion  , or biomass conversion. All
matter omitted in this version of the bill appears in the bill as
amended in the Senate, July 8, 2009. (JR11)