Amended in Assembly May 8, 2013

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 Sections begin delete 40106, end delete 40116.1, 40121, 40180, 40192, 40194, 40200, 40201, 41700, 41721, 41781, begin delete 44100,44101, end delete and 50001 of, and to add begin delete Sections 40171.5 and 44017.5 end delete begin insert Section 40150.5 end insert to, the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

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

(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 begin insert , which is end insert defined as the controlled combustion of specific materials for use in producing electricity or heat.

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

begin delete

(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 delete begin delete

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 delete begin delete

(4)

end delete

begin insert ( end insert begin insert 3) end insert  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, begin delete a processed end delete begin insert an end insert MSW conversion facility.

begin delete

(5)

end delete

begin insert ( end insert begin insert 4) end insert  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 begin delete specified reasons end delete begin insert a specified reason end insert .

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin delete

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.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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

40121.  

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

begin delete

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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 40150.5 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 40150.5. end insert   

(a) “Municipal solid waste conversion” or “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.

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

end insert

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

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 begin delete processed end delete
MSW conversion.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

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,
transformation, or begin delete processed end delete 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.

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

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, begin delete a processed end delete begin insert an end insert 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
department.

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

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 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)  begin delete A processed end delete begin insert An end insert MSW conversion facility.

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

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,
begin delete processed end delete MSW conversion, or biomass conversion.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

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

41700.  

Each county shall prepare a countywide siting element
that provides a description of the areas to be used for development
of adequate transformation, begin delete processed end delete 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.

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

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 that
contain a majority of the population of the incorporated area of
the county except in those counties that have only two cities, in
which case the element is subject to approval of the city 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 begin delete a processed end delete begin insert an end insert 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.

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

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,
transformation facility, or begin delete processed end delete MSW facility, through source
reduction, recycling, or composting.

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

(1) Solid waste 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 begin delete a processed end delete begin insert an end insert 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.

begin delete

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, a storage area for solid 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 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, 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 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 department, the enforcement agency, or a
contractor of the 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 department, the
enforcement agency, or a contractor of the 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 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) When conducting an investigation authorized by
Section 44100, the enforcement agency may inspect the facility,
equipment, or vehicle used for storage, collection, transportation,
processing, disposal, or biomass conversion of solid waste, as
necessary to ensure compliance with this division and to determine
whether the terms and conditions of solid waste facilities permits
are being complied 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.

(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.

end delete

begin delete SEC. 16. end delete
begin insert SEC. 12. end insert   

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, a transformation
facility, or begin delete a processed end delete begin insert an end insert 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.

begin delete

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.

end delete

begin insert

begin insert SEC. 13. 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, within the meaning of Section
17556 of the Government Code.

end insert