BILL NUMBER: AB 1126 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Members Gordon and Mullin
(Principal coauthor: Assembly Member Wilk)
FEBRUARY 22, 2013
An act to amend Section 40106 of 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, the Public Resources Code, relating to solid
waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1126, as amended, Gordon. Solid waste: biomass
conversion. conversion: processed municipal solid
waste (MSW) conversion.
The
(1) The California Integrated
Waste Management Act of 1989 (act) , 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 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 revise the definition of
biomass conversion to specify that it includes other thermal
conversion of those materials. The bill would also revise the
definition of "composting" to include the anaerobic digestion of
organic waste.
(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.
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.
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.
(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.
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.
(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.
This bill would additionally include, as one of those facilities,
a processed MSW conversion facility.
(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.
This bill would provide that no reimbursement is required by this
act for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
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.
SEC. 2. Section 40116.1 of the Public
Resources Code is amended to read:
40116.1. (a) "Composting" means the
controlled or uncontrolled biological decomposition of organic
wastes.
(b) "Composting" also includes the anaerobic digestion of organic
wastes.
SEC. 3. Section 40121 of the Public
Resources Code is amended to read:
40121. "Disposal facility" or "facility" means any
a facility or location where disposal of solid
waste occurs or a processed MSW conversion facility .
SEC. 4. Section 40171.5 is added to the
Public Resources Code , to read:
40171.5. (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.
SEC. 5. Section 40180 of the Public
Resources Code is amended to read:
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 or processed MSW
conversion .
SEC. 6. Section 40192 of the Public
Resources Code is amended to read:
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 disposal or transformation
disposal, transformation, or processed MSW conversion,
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.
SEC. 7. 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, a processed MSW conversion 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. 8. Section 40200 of the Public
Resources Code is amended to read:
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 which
that 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.
(4) A processed MSW conversion facility.
SEC. 9. Section 40201 of the Public
Resources Code is amended to read:
40201. "Transformation" means incineration, pyrolysis,
distillation, or biological conversion other than composting.
"Transformation" does not include composting, gasification,
processed MSW conversion, or biomass conversion.
SEC. 10. Section 41700 of the Public
Resources Code is amended to read:
41700. Each county shall prepare a countywide siting element
which that provides a description of
the areas to be used for development of adequate
transformation transformation, processed MSW
conversion, 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.
SEC. 11. Section 41721 of the Public
Resources Code is amended to read:
41721. (a) The countywide siting element
shall be approved by the county and by a majority of the cities
within the county which that contain a
majority of the population of the incorporated area of the county
except in those counties which that have
only two cities, in which case the element is subject to approval of
the city which that 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.
(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.
SEC. 12. Section 41781 of the Public
Resources Code is amended to read:
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
facility or facility, transformation
facility facility, or processed MSW facility,
through source reduction, recycling, or composting.
(b) For the purposes of this section, "solid waste" does not
include any solid of the following:
(1) Solid waste which
that would not normally be disposed of at a
disposal facility.
(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.
(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.
SEC. 13. Section 44017.5 is added to the
Public Resources Code , to read:
44017.5. 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.
SEC. 14. Section 44100 of the Public
Resources Code is amended to read:
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, or a storage
area for solid wastes. wastes, or a facility
that claims to be a biomass conversion facility and storage areas
associated with the facility.
(b) In the investigation, the enforcement agency may require a
person, person 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, or a storage area for solid wastes,
or a facility that claims to be a biomass conversion facility
and storage areas associated with the facility or a person
that who 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 board department , the
enforcement agency, or a contractor of the board
department 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 board department ,
the enforcement agency, or a contractor of the board
department 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
both of 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 board department or
enforcement agency finds that there is a significant threat to public
health or the environment.
SEC. 15. Section 44101 of the Public
Resources Code is amended to read:
44101. (a) In the investigation, When
conducting an investigation authorized by Section 44100, the
enforcement agency may inspect the facility, equipment, or vehicle
used for storage, collection, transportation, processing, or
disposal disposal, or biomass conversion of
solid waste, as necessary to ensure compliance with this division and
to determine that whether the terms
and conditions of solid waste facilities permits are being complied
with. with, or if a solid waste facility
permit is required for the activity.
(b) The enforcement agency may impose fees for conducting an
inspection pursuant to this section in accordance with Section 43212
or 43213.
(b)
(c) The inspection made pursuant to this section
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 the consent of the
owner or permitholder or the issuance of a warrant.
SEC. 16. Section 50001 of the Public
Resources Code is amended to read:
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 facility or
facility, a transformation facility, or a
processed MSW conversion facility, 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.
SEC. 17. 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.