Amended in Assembly June 25, 2013

Amended in Senate May 8, 2013

Amended in Senate April 22, 2013

Amended in Senate April 9, 2013

Senate Bill No. 804

Introduced by Senator Lara

February 22, 2013

An act to amend Sections begin delete 40106 and end delete begin insert 40051, 40106, end insert 40116.1 begin insert , end insert begin insert 40127, 40194, 40201, 40507, 40900.1, 41780, 41780.01, 41780.02, 41780.1, and 41781 end insert of begin insert , and to add Section 40103 to, end insert the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 804, as amended, Lara. Solid waste: energy.

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 various terms, including “biomass conversion” and “composting,” for the purposes of the act.

This bill would revise the definition of the term “biomass conversion” to include, in addition to controlled combustion, any other conversion technology, as specified. The bill would define “composting” to include begin delete aerobic and anaerobic end delete decomposition of organic wastes begin insert in the presence of oxygen end insert . begin insert The bill would include as a part of the 50% diversion rate requirement the diversion of solid waste through anaerobic digestion, as defined. end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 40051 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40051.  

In implementing this division, the board and local
agencies shall do both of the following:

(a) Promote the following waste management practices in order
of priority:

(1) Source reduction.

(2)  begin delete Recycling and end delete begin insert Recycling, end insert composting begin insert , and anaerobic
digestion end insert .

(3) Environmentally safe transformation and environmentally
safe land disposal, at the discretion of the city or county.

(b) Maximize the use of all feasible source reduction, recycling,
begin delete and end delete composting begin insert , and anaerobic digestion end insert options in order to reduce
the amount of solid waste that must be disposed of by
transformation and land disposal. For wastes that cannot feasibly
be reduced at their source, recycled, begin delete or end delete composted, begin insert or anaerobically
digested, end insert the local agency may use environmentally safe
transformation or environmentally safe land disposal, or both of
those practices.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 40103 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 40103. end insert   

“Anaerobic digestion” means a process of breaking
down organic materials using microorganisms under controlled
conditions in the absence of oxygen or in an oxygen-starved
environment, other than within a landfill.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

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

40106.  

(a) “Biomass conversion” means the controlled
combustion, or other conversion technology, 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 delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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

40116.1.  

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

begin delete

(b) “Composting” includes aerobic decomposition and anaerobic
decomposition of organic waste.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 40127 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40127.  

“Diversion program” means a program in the source
reduction and recycling element of a jurisdiction’s integrated waste
management plan, specified in Chapter 2 (commencing with
Section 41000) of, or Chapter 3 (commencing with Section 41300)
of, Part 2 and that has the purpose of diverting solid waste from
landfill disposal or transformation through source reduction,
recycling, begin delete and end delete composting begin insert , and anaerobic digestion end insert activities.
“Diversion program” additionally includes any amendments,
revisions, or updates to the element, and any programs set forth
in a time extension, alternative requirement, or compliance order
approved by the board pursuant to Part 2 (commencing with
Section 40900).

begin insert

begin insert SEC. 6. 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, begin insert an anaerobic digestion
facility, end insert a gasification facility, a transformation 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.

begin insert

begin insert SEC. 7. 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,
begin delete distillation, or biological conversion other than composting end delete begin insert or
distillation end insert . “Transformation” does not include composting,
begin insert anaerobic digestion, end insert gasification, or biomass conversion.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 40507 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40507.  

(a) On or before March 1 of each year, the board shall
file an annual report with the Legislature highlighting significant
programs or actions undertaken by the board to implement
programs pursuant to this division during the prior calendar year.
The report shall include, but is not limited to, the information
described in subdivision (b).

(b)  begin delete Commencing January 1, 1997, the end delete begin insert The end insert board shall file annual
progress reports with the Legislature covering the activities and
actions undertaken by the board in the prior fiscal year. The board
shall prepare, and may electronically file with the Legislature, the
progress reports throughout the calendar year, as determined by
the board, on the following programs:

(1) The local enforcement agency program.

(2) The research and development program.

(3) The public education program.

(4) The market development program.

(5) The used oil program.

(6) The planning and local assistance program.

(7) The site cleanup program.

(c) The progress report shall specifically include, but is not
limited to, all of the following information:

(1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part
4.

(2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:

(A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section
42650) of Part 3.

(B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.

(C) A report on the progress in implementing the monitoring
and control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations,
as needed, to improve the program.

(D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant
to Chapter 17 (commencing with Section 42860) of Part 3.

(3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:

(A) A review of actions taken by the board to educate and inform
individuals and public and private sector entities who generate
solid waste on the importance of source reduction, recycling, begin delete and end delete
composting begin insert , and anaerobic digestion end insert of solid waste, and
recommendations for administrative or legislative actions which
will inform and educate these parties.

(B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12
(commencing with Section 42600) of Part 3, including
recommendations on administrative and legislative changes to
improve the program.

(C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant
to Chapter 12.5 (commencing with Section 42620) of Part 3,
including recommendations on administrative and legislative
changes to improve the program’s effectiveness.

(D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan
implemented pursuant to Part 4 (commencing with Section 71300)
of Division 34, including recommendations on administrative and
legislative changes which will improve the program.

(E) A summary of available and wanted materials, a profile of
the participants, and the amount of waste diverted from disposal
sites as a result of the California Materials Exchange Program
established pursuant to subdivision (a) of Section 42600.

(4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:

(A) A review of market development strategies undertaken by
the board pursuant to this division to ensure that markets exist for
materials diverted from solid waste facilities, including
recommendations for administrative and legislative actions which
will promote expansion of those markets. The recommendations
shall include, but not be limited to, all of the following:

(i) Recommendations for actions to develop more direct liaisons
with private manufacturing industries in the state to promote
increased utilization of recycled feedstock in manufacturing
processes.

(ii) Recommendations for actions which can be taken to assist
local governments in the inclusion of recycling activities in county
overall economic development plans.

(iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.

(iv) Recommendations to improve state, local, and private
industry product and material procurement practices.

(B) Development and implementation of a program to assist
local agencies in the identification of markets for materials that
are diverted from disposal facilities through source reduction,
recycling, begin delete and end delete composting begin insert , and anaerobic digestion end insert pursuant to
Section 40913.

(C) A report on the Recycling Market Development Zone Loan
Program conducted pursuant to Article 3 (commencing with
Section 42010) of Chapter 1 of Part 3.

(D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part
3.

(E) A report on the progress in developing and implementing
the comprehensive Market Development Plan, pursuant to Article
2 of Chapter 1 (commencing with Section 42005) of Part 3.

(F) The number of retreaded tires purchased by the Department
of General Services during the prior fiscal year pursuant to Section
42414.

(G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42415 to
determine if tire retreads, procured by the Department of General
Services, have met all quality and performance criteria of a new
tire, including any recommendations to expand, revise, or curtail
the program.

(H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services
pursuant to Section 42443.

(I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to paragraph (1) of
subdivision (c) of Section 12162 of the Public Contract Code.

(J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with
Section 42560) of Part 3.

(5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:

(A) A report on the annual audit of the used oil recycling
program established pursuant to Chapter 4 (commencing with
Section 48600) of Part 7.

(B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter
4 (commencing with Section 48600) of Part 7, recommendations,
if any, for statutory changes to the program, including changes in
the amounts of the payment required by Section 48650 and the
recycling incentive, and plans for present and future programs to
be conducted over the next two years.

(6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:

(A) The development by the board of the model countywide or
regional siting element and model countywide or regional agency
integrated waste management plan pursuant to Section 40912,
including its effectiveness in assisting local agencies.

(B) The adoption by the board of a program to provide assistance
to cities, counties, or regional agencies in the development and
implementation of source reduction programs pursuant to
subdivision (c) of Section 40912.

(C) The development by the board of model programs and
materials to assist rural counties and cities in preparing city and
county source reduction and recycling elements pursuant to Section
41787.3.

(D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.

(E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
criteria specified in Section 41782, so that those counties and cities
will be able to meet the objectives of this division. The
recommendations shall, among other things, address both of the
following matters:

(i) Assistance in developing methods of raising revenue at the
local level to fund rural integrated waste management programs.

(ii) Assistance in developing alternative methods of source
reduction, recycling, begin delete and end delete composting begin insert , and anaerobic digestion end insert of
solid waste suitable for rural local governments.

(F) A report on the status and implementation of the “Buy
Recycled” program established pursuant to subdivision (d) of
Section 42600, including the waste collection and recycling
programs established pursuant to Sections 12164.5 and 12165 of
the Public Contract Code.

(7) Pursuant to paragraph (7) of subdivision (b), a description
of sites cleaned up under the Solid Waste Disposal and Codisposal
Site Cleanup Program established pursuant to Article 2.5
(commencing with Section 48020) of Chapter 2 of Part 7, a
description of remaining sites where there is no responsible party
or the responsible party is unable or unwilling to pay for cleanup,
and recommendations for any needed legislative changes.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 40900.1 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

40900.1.  

The Legislature hereby further finds and declares all
of the following:

(a) It is important to encourage state agencies to plan and
implement programs that will reduce the amount of solid waste
going to disposal facilities through source reduction, recycling,
begin delete and end delete composting begin insert , and anaerobic digestion end insert .

(b) Local agencies, other than a host jurisdiction, and federal
agencies should be encouraged to plan and implement programs
that will reduce the amount of solid waste going to disposal
facilities through source reduction, recycling, begin delete and end delete composting begin insert ,
and anaerobic digestion end insert .

(c) Each state agency shall, to the extent feasible and within
existing budgetary constraints, develop and implement source
reduction, recycling, begin delete and end delete composting begin insert , and anaerobic digestion end insert
programs that will reduce the amount of solid waste going to
disposal facilities. Those programs shall be consistent with
Executive Order W-7-91, which ordered state agencies to establish
recycling programs, reduce paper waste, purchase recycled
products, and implement measures that minimize the generation
of waste.

(d) Local, state, and federal agencies generating solid waste that
is sent to a host jurisdiction for disposal should be encouraged to
provide the host jurisdiction with information on the amount of
solid waste and regarding any solid waste source reduction,
recycling, begin delete or end delete composting begin insert , or anaerobic digestion end insert programs that
have been implemented by the agency, to assist the host jurisdiction
in developing and implementing the planning requirements of this
division.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 41780 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

41780.  

(a) Each jurisdiction’s source reduction and recycling
element shall include an implementation schedule that shows both
of the following:

(1) For the initial element, the jurisdiction shall divert 25 percent
of all solid waste by January 1, 1995, through source reduction,
recycling, and composting activities.

(2) Except as provided in Sections 41783 and 41784, for the
first and each subsequent revision of the element, the jurisdiction
shall divert 50 percent of all solid waste on and after January 1,
2000, through source reduction, recycling, begin delete and end delete composting begin insert , and
anaerobic digestion end insert activities.

(b) This section does not prohibit a jurisdiction from
implementing source reduction, recycling, begin delete and end delete composting begin insert , and
anaerobic digestion end insert activities designed to exceed the requirements
of this division.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 41780.01 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

41780.01.  

(a) The Legislature hereby declares that it is the
policy goal of the state that not less than 75 percent of solid waste
generated be source reduced, recycled, begin delete or end delete composted begin insert , or
anaerobically digested end insert by the year 2020, and annually thereafter.

(b) Notwithstanding subdivision (a), the department shall not
establish or enforce a diversion rate on a city or county that is
greater than the 50 percent diversion rate established pursuant to
Section 41780.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 41780.02 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

41780.02.  

(a) On or before January 1, 2014, the department
shall submit a report to the Legislature that provides strategies to
achieve the state’s policy goal that not less than 75 percent of solid
waste generated be source reduced, recycled, begin delete or end delete composted begin insert , or
anaerobically digested end insert by the year 2020, and annually thereafter,
pursuant to Section 41780.01.

(b) The report shall also include all of the following:

(1) A review and update of the information required pursuant
to subparagraph (A) of paragraph (4) of subdivision (c) of Section
40507, with emphasis on new and emerging trends in resource
management.

(2) Identification of problematic waste streams and sources and
recommendations on handling those waste streams.

(3) Evaluation of current programs and their effectiveness, and
recommendations for changes to those programs.

(4) Recommendations for reprioritizing existing resources to
best achieve the purpose of Section 41780.01.

(5) Recommendations for legislative changes, if any, that are
necessary to achieve the goals of Section 41780.01.

(6) Report on regulatory changes, if any, that are necessary, to
achieve the goals of Section 41780.01.

(7) Any other information or recommendations the department
deems pertinent.

(c) The department may provide the report required pursuant
to this section in conjunction with the report required pursuant to
Section 40507 if the combined report is submitted on or before
January 1, 2014.

(d) The department may hold public workshops to gather input
from stakeholders.

(e) (1) Pursuant to Section 10231.5 of the Government Code,
this section is repealed on January 1, 2017.

(2) The report shall be submitted in compliance with Section
9795 of the Government Code.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 41780.1 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

41780.1.  

(a) Notwithstanding any other requirement of this
part, for the purposes of determining the amount of solid waste
that a regional agency is required to divert from disposal or
transformation through source reduction, recycling, begin delete and end delete
composting begin insert , and anaerobic digestion end insert to meet the diversion
requirements of Section 41780, the regional agency shall use the
solid waste disposal projections in the source reduction and
recycling elements of the regional agency’s member agencies. The
method prescribed in Section 41780.2 shall be used to determine
the maximum amount of disposal allowable to meet the diversion
requirements of Section 41780.

(b) Notwithstanding any other requirement of this part, for the
purposes of determining the amount of solid waste that a city or
county is required to divert from disposal or transformation through
source reduction, recycling, begin delete and end delete composting begin insert , and anaerobic
digestion end insert to meet the diversion requirements of Section 41780, the
city or county shall use the solid waste disposal projections in the
source reduction and recycling elements of the city or county. The
method prescribed in Section 41780.2 shall be used to determine
the maximum amount of disposal allowable to meet the diversion
requirements of Section 41780.

(c) To determine achievement of the diversion requirements of
Section 41780 in 1995 and in the year 2000, projections of disposal
amounts from the source reduction and recycling elements shall
be adjusted to reflect annual increases or decreases in population
and other factors affecting the waste stream, as determined by the
board. By January 1, 1994, the board shall study the factors which
affect the generation and disposal of solid waste and shall develop
a standard methodology and guidelines to be used by cities,
counties, and regional agencies in adjusting disposal projections
as required by this section.

(d) The amount of additional diversion required to be achieved
by a regional agency to meet the diversion requirements of Section
41780 shall be equal to the sum of the diversion requirements of
its member agencies. To determine the maximum amount of
disposal allowable for the regional agency to meet the diversion
requirements of Section 41780, the maximum amount of disposal
allowable for each member agency shall be added together to yield
the agency disposable maximum.

begin insert

begin insert SEC. 14. 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 facility
or transformation facility through source reduction, recycling, begin delete or end delete
composting begin insert , or anaerobic digestion end insert .

(b) For the purposes of this section, “solid waste” does not
include any solid waste which would not normally be disposed of
at a disposal 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.