BILL ANALYSIS Ó
SB 498
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 498 (Lara) - As Amended: June 26, 2014
Policy Committee: Natural
ResourcesVote:9-0
Environmental Safety and Toxic Materials6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill provides expanded authority for biomass processing
facilities. Specifically, this bill:
1)Includes conversion technologies that use specified biomass
feedstock in the definition of biomass for purposes of the
Integrated Waste Management Act (IWMA).
2)Defines biomass facilities to include production of fuel in
addition to heat and electricity.
3)Requires solid waste facilities to ensure any materials sent
to a biomass facility are limited to the following materials
separated from solid waste:
a) Agricultural crop residues.
b) Leaves, silvicultural residue, and tree and bush
pruning.
c) Wood, wood chips, and wood waste.
d) Nonrecyclable pulp or nonrecyclable paper material.
1)Authorizes a local enforcement agency to inspect the solid
waste facilities and operations for compliance with the
provisions of the bill.
2)Beginning in 2016, requires the operator or owner of a biomass
conversion facility, under penalty of perjury, to provide an
annual report to CalRecycle by April 1st of each year
containing specified information regarding the previous year.
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FISCAL EFFECT
Minor absorbable costs to CalRecycle.
COMMENTS
1)Rationale . The existing definition of biomass conversion
excludes conversion technologies that generate electricity
more efficiently and with lower air emissions. Existing law
is unclear regarding whether anaerobic digestion facilities
are permitted, which hampers the state's goal for diverting
additional organic materials from landfills.
According to the sponsor, the County of Los Angeles,
conversion technologies and anaerobic decomposition of organic
wastes promote the highest and best use of resources while
supporting the state's air quality and greenhouse gas
reduction goals.
This bill expands the definition of biomass conversion to
include conversion technologies that use biomass feedstocks
and specifies that anaerobic digestion facilities are solid
waste facilities. This bill will allow cities and counties to
send increased material to biomass facilities and receive
credit toward mandatory diversion requirements in the IWMA.
2)Background. CalRecycle administers the Integrated Waste
Management Act of 1989. The Act requires local governments to
divert 50% solid waste disposed by their jurisdictions from
landfills. The traditional decomposition of landfills
produces significant amounts of methane, a greenhouse gas
emission.
Anaerobic digestion refers to the controlled biological
decomposition of organic material with little or no oxygen.
Anaerobic digestion is not defined in current law but is
considered a method of composting by the industry.
Anaerobic digestion is widely used to manage waste from
wastewater treatment and dairy manure. Anaerobic solid waste
digesters are emerging in California with a number of new and
proposed facilities underway.
3)Opposition. A coalition of environmental and community
justice groups opposed to this bill argue that combustion or
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conversion to energy production is responsible for air, water
and land pollution. Further, biomass plants are not required
to go through a permit process at CalRecyle to assess the
environmental and health impacts of burning organics for
energy production.
4)Prior Legislation. SB 804 (Lara) would have provided expanded
authority for biomass and composting facilities. This bill
was vetoed by the Governor with a message directing CalRecycle
to work with stakeholders to develop a sensible approach. It
is unclear if this bill addresses the Governor's concerns with
last minute amendments to SB 804 which he argued made the bill
overly complicated and unworkable.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081