BILL NUMBER: SB 498 CHAPTERED
BILL TEXT
CHAPTER 746
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 20, 2014
PASSED THE ASSEMBLY AUGUST 19, 2014
AMENDED IN ASSEMBLY JUNE 26, 2014
AMENDED IN SENATE JANUARY 27, 2014
AMENDED IN SENATE JANUARY 7, 2014
AMENDED IN SENATE JANUARY 6, 2014
AMENDED IN SENATE APRIL 2, 2013
INTRODUCED BY Senator Lara
FEBRUARY 21, 2013
An act to amend Section 40106 of, and to add Section 44107 to, the
Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 498, Lara. Solid waste: biomass conversion.
The California Integrated Waste Management Act of 1989, 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 not more than 10% through transformation or "biomass
conversion," as defined, if specified conditions are met. The act
defines "biomass conversion," to mean the controlled combustion used
for the production of heat or electricity of specified materials for
the purposes of the act.
This bill would revise the definition of the term "biomass
conversion" to mean the production of heat, fuels, or electricity by
the controlled combustion of, or the use of other noncombustion
thermal technologies on, those specified materials. The bill would
require a solid waste facility sending materials to a biomass
conversion facility to ensure that the materials sent are limited to
those specified materials. The bill would authorize the department of
a local enforcement agency to inspect the solid waste facility, as
specified. The bill would require the owner or operator of a biomass
conversion facility to submit an annual report to the department,
under the penalty of perjury, containing specified information for
the preceding year. Because a violation of this requirement would be
a crime, this bill would impose a state-mandated local program.
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 a specified reason.
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 production of heat,
fuels, or electricity by the controlled combustion of, or the use of
other noncombustion thermal conversion technologies on, the following
materials, when separated from other solid waste:
(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 44107 is added to the Public Resources Code, to
read:
44107. (a) A solid waste facility, as defined in Section 40194,
sending materials to a biomass conversion facility, shall ensure that
the materials are limited to those listed in subdivision (a) of
Section 40106. The enforcement agency may inspect solid waste
facilities and operations for compliance with this section.
(b) On or before April 1, 2016, and on or before April 1 of each
year thereafter, the operator or owner of a biomass conversion
facility shall provide an annual report to the department, in
writing, for the preceding year, containing all of the following
information:
(1) The name, address, and telephone number of the facility, the
operator, and the owner.
(2) The total amount and type of material accepted by the
facility.
(3) The name and address, or the physical location, of the source
of each type of material accepted by the facility. A facility that
cannot provide the name and address, or the physical location, of a
source of material accepted by the facility shall provide an
explanation why the information is not available.
(4) The total amount and type of material that was rejected by the
facility.
(5) The name and address, or physical location, of the source of
each type of material rejected by the facility and the reasons for
the rejection. A facility that cannot provide the name and address,
or the physical location, of a source of material rejected by the
facility shall provide an explanation why the information is not
available.
(6) The name and address, or physical location, of the final end
user of ash or other byproducts produced by the facility. Until
January 1, 2017, a facility that cannot provide the name and address,
or physical location, of the final end user of ash or byproducts
shall provide an explanation why that information is not available.
(7) Signatures of the operator and owner of the facility
certifying the accuracy of the information provided under the penalty
of perjury.
(8) Any other information that is necessary for the department to
determine the accuracy of the information provided pursuant to this
subdivision.
(c) To the extent that information specified in subdivision (b)
has previously been submitted by the owner or operator of a biomass
conversion facility to another state agency or instrument of a state
agency, the owner or operator of the facility may submit those
reports to the department. Information required by subdivision (b)
and not contained in the previously submitted reports shall be
provided separately to the department.
(d) If any information provided by a biomass conservation facility
pursuant to this section is designated as confidential, the
department shall treat that information in accordance with Section
40062 and its implementing regulations.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only 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.