Amended in Assembly April 18, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1126

Introduced by Assembly Members Gordon and Mullin

(Principal coauthor: Assembly Member Wilk)

February 22, 2013

An act to amend begin delete Section 40106 of end delete begin insert Sections 40106, 40116.1, 40121, 40180, 40192, 40194, 40200, 40201, 41700, 41721, 41781, 44100, 44101, and 50001 of, and to add Sections 40171.5 and 44017.5 to, end insert the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1126, as amended, Gordon. Solid waste: biomass begin delete conversion. end delete begin insert conversion: processed municipal solid waste (MSW) conversion. end insert

begin delete

The

end delete

begin insert (1) end insert begin insert   end insert begin insert The end insert California Integrated Waste Management Act of 1989 begin insert (act) end insert , which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste, through source reduction, recycling, and composting activities. Existing law allows the 50% diversion requirement to include, pursuant to specified conditions, not more than 10% through biomass conversion defined as the controlled combustion of specific materials for use in producing electricity or heat.

This bill would begin insert define the term “processed MSW conversion” and “processed MSW conversion facility,” and would make conforming changes to existing definitions with regard to those operations and facilities. The bill would also end insert revise the definition of biomass conversion to specify that it includes other thermal conversion of those materials. begin insert The bill would also revise the definition of “composting” to include the anaerobic digestion of organic waste. end insert

begin insert

(2) The act requires the integrated waste management plan required to be adopted by a county to include a countywide siting element that provides a description of the areas to be used for the development of certain facilities. The act excludes certain solid wastes, for purposes of determining the base rate for the diversion of solid waste, and requires that the amount of solid waste diverted include solid waste diverted from a disposal facility or transformation facility.

end insert begin insert

This bill would require the countywide siting element to include a description of the areas to be used for the development of adequate processed MSW conversion, thereby imposing a state-mandated local program by imposing new duties upon local agencies.

end insert begin insert

This bill would additionally exclude certain used or waste tires or biomass materials from the solid waste calculation used in that base rate determination and would require the amount of solid waste to include solid waste diverted from a processed MSW conversion facility.

end insert begin insert

(3) The act requires enforcement agencies to perform specified functions with regard to solid waste handling and the issuance and enforcement of solid waste facilities permits, including the investigation of the operation of a solid waste facility and, in connection with this investigation, requiring a person to furnish information under penalty of perjury. Existing law imposes specified requirements upon solid waste facilities that convert solid waste into energy.

end insert begin insert

This bill would additionally authorize an enforcement agency to investigate a facility that claims to be a biomass conversion facility and to require information regarding that facility, under penalty of perjury, thereby imposing a state-mandated local program by creating a new crime. This bill would require the storage of the materials used in biomass conversion to be regulated as a transfer or processing station.

end insert begin insert

(4) Existing law prohibits a person from establishing or expanding a solid waste facility in a county, after a countywide or regional agency integrated waste management plan has been approved, unless the solid waste facility is, among other things, a disposal facility or a transformation facility that meets certain criteria.

end insert begin insert

This bill would additionally include, as one of those facilities, a processed MSW conversion facility.

end insert begin insert

(5) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for specified reasons.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 40106 of the Public Resources Code is
amended to read:

40106.  

(a) “Biomass conversion” means the controlled
combustion, or other thermal conversion, when separated from
other solid waste and used for producing electricity or heat, of the
following materials:

(1) Agricultural crop residues.

(2) Bark, lawn, yard, and garden clippings.

(3) Leaves, silvicultural residue, and tree and brush pruning.

(4) Wood, wood chips, and wood waste.

(5) Nonrecyclable pulp or nonrecyclable paper materials.

(b) “Biomass conversion” does not include the controlled
combustion of recyclable pulp or recyclable paper materials, or
materials that contain sewage sludge, industrial sludge, medical
waste, hazardous waste, or either high-level or low-level
radioactive waste.

(c) For purposes of this section, “nonrecyclable pulp or
nonrecyclable paper materials” means either of the following, as
determined by the department:

(1) Paper products or fibrous materials that cannot be
technically, feasibly, or legally recycled because of the manner in
which the product or material has been manufactured, treated,
coated, or constructed.

(2) Paper products or fibrous materials that have become soiled
or contaminated and as a result cannot be technically, feasibly, or
legally recycled.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 40116.1 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40116.1.  

begin insert (a) end insert begin insert   end insert “Composting” means the controlled or
uncontrolled biological decomposition of organic wastes.

begin insert

(b) “Composting” also includes the anaerobic digestion of
organic wastes.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 40121 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40121.  

“Disposal facility” or “facility” means begin delete any end delete begin insert a end insert facility or
location where disposal of solid waste occurs begin insert or a processed MSW
conversion facility end insert .

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 40171.5 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 40171.5. end insert   

(a) “Processed municipal solid waste conversion”
or “processed MSW conversion” means the conversion of solid
waste through a process that meets all of the following
requirements:

(1) The waste to be converted is beneficial and effective in that
it replaces or supplements the use of fossil fuels or other standard
commercial fuels.

(2) The waste to be converted, the resulting ash, and any other
products of conversion do not meet the criteria or guidelines for
the identification of a hazardous waste adopted by the Department
of Toxic Substances Control pursuant to Section 25141 of the
Health and Safety Code.

(3) The conversion is efficient and maximizes the net calorific
value and burn rate of the waste.

(4) The waste to be processed contains less than 25 percent
moisture and less than 10 percent noncombustible waste.

(5) The waste to be processed that is received at the facility is
handled in compliance with the requirements for the handling of
solid waste imposed pursuant to this division, and no more than
a seven-day supply of that waste, based on the throughput capacity
of the operation or facility, is stored at the facility at any one time.

(6) No more than 500 tons per day of waste is converted at the
facility where the operation takes place.

(b) “Processed municipal solid waste conversion facility” or
“processed MSW facility” means a facility where processed
municipal solid waste conversion that meets the requirements of
subdivision (a) takes place.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 40180 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40180.  

“Recycle” or “recycling” means the process of
collecting, sorting, cleansing, treating, and reconstituting materials
that would otherwise become solid waste, and returning them to
the economic mainstream in the form of raw material for new,
reused, or reconstituted products which meet the quality standards
necessary to be used in the marketplace. “Recycling” does not
include transformation, as defined in Section 40201 begin insert or processed
MSW conversion end insert .

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 40192 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40192.  

(a) Except as provided in subdivisions (b) and (c),
“solid waste disposal,” “disposal,” or “dispose” means the final
deposition of solid wastes onto land, into the atmosphere, or into
the waters of the state.

(b) For purposes of Part 2 (commencing with Section 40900),
“solid waste disposal,” “dispose,” or “disposal” means the
management of solid waste through landfill begin delete disposal or
transformation end delete begin insert disposal, transformation, or processed MSW
conversion, end insert at a permitted solid waste facility, unless the term is
expressly defined otherwise.

(c) For purposes of Chapter 16 (commencing with Section
42800) and Chapter 19 (commencing with Section 42950) of Part
3, Part 4 (commencing with Section 43000), Part 5 (commencing
with Section 45000), Part 6 (commencing with Section 45030),
and Chapter 2 (commencing with Section 47901) of Part 7, “solid
waste disposal,” “dispose,” or “disposal” means the final deposition
of solid wastes onto land.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 40194 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40194.  

“Solid waste facility” includes a solid waste transfer
or processing station, a composting facility, a gasification facility,
a transformation facility, begin insert a processed MSW conversion facility, end insert
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
begin delete board end delete begin insert department end insert .

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 40200 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40200.  

(a) “Transfer or processing station” or “station”
includes those facilities utilized to receive solid wastes, temporarily
store, separate, convert, or otherwise process the materials in the
solid wastes, or to transfer the solid wastes directly from smaller
to larger vehicles for transport, and those facilities utilized for
transformation.

(b) “Transfer or processing station” or “station” does not include
any of the following:

(1) A facility, whose principal function is to receive, store,
separate, convert, or otherwise process in accordance with state
minimum standards, manure.

(2) A facility, whose principal function is to receive, store,
convert, or otherwise process wastes begin delete which end delete begin insert that end insert have already been
separated for reuse and are not intended for disposal.

(3) The operations premises of a duly licensed solid waste
handling operator who receives, stores, transfers, or otherwise
processes wastes as an activity incidental to the conduct of a refuse
collection and disposal business in accordance with regulations
adopted pursuant to Section 43309.

begin insert

(4) A processed MSW conversion facility.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 40201 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40201.  

“Transformation” means incineration, pyrolysis,
distillation, or biological conversion other than composting.
“Transformation” does not include composting, gasification,
begin insert processed MSW conversion, end insert or biomass conversion.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 41700 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

41700.  

Each county shall prepare a countywide siting element
begin delete which end delete begin insert that end insert provides a description of the areas to be used for
development of adequate begin delete transformation end delete begin insert transformation, processed
MSW conversion, end insert or disposal capacity concurrent and consistent
with the development and implementation of the county and city
source reduction and recycling elements adopted pursuant to this
part.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 41721 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

41721.  

begin insert (a) end insert begin insert   end insert The countywide siting element shall be approved
by the county and by a majority of the cities within the county
begin delete which end delete begin insert that end insert contain a majority of the population of the incorporated
area of the county except in those counties begin delete which end delete begin insert that end insert have only
two cities, in which case the element is subject to approval of the
city begin delete which end delete begin insert that end insert contains the majority of the population of the
incorporated area of the county. Each city shall act upon the
countywide siting element within 90 days after receipt of the siting
element. If a city fails to act upon the siting element within 90
days after receiving the siting element, the city shall be deemed
to have approved the siting element as submitted.

begin insert

(b) Notwithstanding subdivision (a), a siting element providing
for a processed MSW conversion facility is only required to be
approved by the city in which it is located, or if the MSW is not
located in a city, by the county.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 41781 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

41781.  

(a) Except as provided in Sections 41781.1, and
41781.2, for the purpose of determining the base rate of solid waste
from which diversion requirements shall be calculated, “solid
waste” includes only the following:

(1) The amount of solid waste generated within a local agency’s
jurisdiction, the types and quantities of which were disposed of at
a permitted disposal facility as of January 1, 1990. Nothing in this
section requires local agencies to perform waste characterization
in addition to the waste characterization requirements established
under Sections 41030, 41031, 41330, 41331, and 41332.

(2) The amount of solid waste diverted from a disposal begin delete facility
or end delete begin insert facility, end insert transformation begin delete facility end delete begin insert facility, or processed MSW
facility, end insert through source reduction, recycling, or composting.

(b) For the purposes of this section, “solid waste” does not
include any begin delete solid end delete begin insert of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Solid end insert waste begin delete which end delete begin insert that end insert would not normally be disposed of
at a disposal facility.

begin insert

(2) Used or waste tires, as defined in Article 1 (commencing
with Section 42800) of Chapter 16 of Part 3, or biomass material,
as described in subdivision (a) of Section 40106, which are
converted at a processed MSW conversion facility.

end insert

(c) For the purposes of this chapter, the amount of solid waste
from which the required reductions are measured shall be the
amount of solid waste existing on January 1, 1990, with future
adjustments for increases or decreases in the quantity of waste
caused only by changes in population or changes in the number
or size of governmental, industrial, or commercial operations in
the jurisdiction.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 44017.5 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

begin insert

begin insert 44017.5. end insert   

A location where the materials specified in subdivision
(a) of Section 40106 are stored for purposes of biomass conversion,
prior to conversion, shall be regulated as a transfer or processing
station, as defined in Section 40200.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 44100 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

44100.  

(a) The enforcement agency, in issuing or reviewing
a solid waste facilities permit or in connection with an action
relating to a solid waste facilities permit or as otherwise authorized
by this division, may investigate the operation of a solid waste
facility, a transfer or processing station, a disposal site, collection
or handling equipment, begin delete or end delete a storage area for solid begin delete wastes. end delete begin insert wastes,
or a facility that claims to be a biomass conversion facility and
storage areas associated with the facility. end insert

(b) In the investigation, the enforcement agency may require a
begin delete person, end delete begin insert person end insert who is, or proposes to become, an operator of a
solid waste facility, a transfer or processing station, a disposal site,
collection or handling equipment, begin delete or end delete a storage area for solid wastes,
begin insert or a facility that claims to be a biomass conversion facility and
storage areas associated with the facility end insert or a person begin delete that end delete begin insert who end insert the
enforcement agency believes may have information concerning a
suspected violation of this division, to furnish, under penalty of
perjury, any nonprivileged technical or monitoring program or
other reports that the enforcement agency may specify.

(c) If the owner of property upon which solid waste is unlawfully
stored, stockpiled, disposed, handled, or maintained refuses to
allow or provide the begin delete board end delete begin insert department end insert , the enforcement agency,
or a contractor of the begin delete board end delete begin insert department end insert or enforcement agency
with access to enter onto the property and perform all necessary
cleanup, abatement, or remedial work as authorized pursuant to
Section 45000 or 48020, the court may issue the begin delete board end delete begin insert department end insert ,
the enforcement agency, or a contractor of the begin delete board end delete begin insert department end insert
or enforcement agency a warrant pursuant to the procedure set
forth in Title 13 (commencing with Section 1822.50) of Part 3 of
the Code of Civil Procedure to permit reasonable access to the
property to perform that activity, if begin insert both of end insert the following conditions
have been met:

(1) An administrative order requiring corrective action has been
issued or obtained pursuant to Section 45000 against the property
owner.

(2) The begin delete board end delete begin insert department end insert or enforcement agency finds that
there is a significant threat to public health or the environment.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 44101 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

44101.  

(a)  begin delete In the investigation, end delete begin insert When conducting an
investigation authorized by Section 44100, end insert the enforcement agency
may inspect the facility, equipment, or vehicle used for storage,
collection, transportation, processing, begin delete or disposal end delete begin insert disposal, or
biomass conversion end insert of solid waste, as necessary to ensure
compliance with this division and to determine begin delete that end delete begin insert whether end insert the
terms and conditions of solid waste facilities permits are being
complied begin delete with. end delete begin insert with, or if a solid waste facility permit is required
for the activity. end insert

begin insert

(b) The enforcement agency may impose fees for conducting
an inspection pursuant to this section in accordance with Section
43212 or 43213.

end insert begin delete

(b)

end delete

begin insert (c) end insert  The inspection begin insert made pursuant to this section end insert shall be made
with the consent of the owner or possessor of the solid waste
facilities permit or, if consent is refused, with a warrant duly issued
pursuant to Title 13 (commencing with Section 1822.50) of Part
3 of the Code of Civil Procedure. However, in the event of an
emergency affecting the public health or safety, an inspection may
be made without begin insert the end insert consent begin insert of the owner or permitholder end insert or the
issuance of a warrant.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 50001 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

50001.  

(a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan
has been approved by the Department of Resources Recycling and
Recovery pursuant to Division 30 (commencing with Section
40000), a person shall not establish or expand a solid waste facility,
as defined in Section 40194, in the county unless the solid waste
facility meets one of the following criteria:

(1) The solid waste facility is a disposal begin delete facility or end delete begin insert facility, end insert a
transformation facility, begin insert or a processed MSW conversion facility, end insert
the location of which is identified in the countywide siting element
or amendment to that element, which has been approved pursuant
to Section 41721.

(2) The solid waste facility is a facility that is designed to
recover for reuse or recycling at least 5 percent of the total volume
of material received by the facility, and that is identified in the
nondisposal facility element that has been approved pursuant to
Section 41800 or is included in an update to that element.

(b) Solid waste facilities other than those specified in paragraphs
(1) and (2) of subdivision (a) shall not be required to comply with
the requirements of this section.

(c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and description
of the proposed facility to the task force established pursuant to
Section 40950. Within 90 days after the site identification and
description is submitted to the task force, the task force shall meet
and comment on the proposed solid waste facility in writing. These
comments shall include, but are not limited to, the relationship
between the proposed solid waste facility and the implementation
schedule requirements of Section 41780 and the regional impact
of the facility. The task force shall transmit these comments to the
person or public agency proposing establishment of the solid waste
facility, to the county, and to all cities within the county. The
comments shall become part of the official record of the proposed
solid waste facility.

(d) The review and comment by the local task force shall not
be required for an update to a nondisposal facility element.

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

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 or because costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.

end insert