Amended in Assembly August 20, 2013

Amended in Assembly August 5, 2013

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 40106 and 40116.1 of begin insert , and to add Chapter 6 (commencing with Section 48800) to Part 7 of Division 30 of end insert begin insert , 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 aerobic and anaerobic decomposition of organic wastes. begin insert The bill would require a biomass conversion technology facility, as defined, to meet specified requirements. The bill would require an air quality management district or air pollution control district to review and approve a biomass conversion technology facility if the district finds the technology used in the facility meets specified requirements. Because the bill would impose additional duties on an air quality management district or air pollution control district, this bill would impose a state-mandated local program. end insert

begin 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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 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.

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” includes aerobic decomposition and anaerobic
decomposition of organic wastes.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Chapter 6 (commencing with Section 48800) is added
to Part 7 of Division 30 of the end insert begin insert Public Resources Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 6. end insert Biomass Conversion Technology Facility

 

begin insert 48800. end insert   

For the purpose of this chapter, the following terms
have the following meanings:

(a) “Air district” means an air quality management district or
an air pollution control district with jurisdiction over the biomass
conversion technology facility.

(b) “Biomass” means nonrecyclable organic waste materials
as specified in paragraphs (1) to (5), inclusive, of subdivision (a)
of Section 40106.

(c) “Biomass conversion technology facility” means a facility
that uses a conversion technology capable of converting biomass
into marketable products and fuels through noncombustion
thermal, chemical, or biological process.

begin insert 48805. end insert   

(a) A biomass conversion technology facility shall
comply with all of the following requirements:

(1) Remove, to the maximum extent feasible, all recyclable
materials from the solid waste stream prior to the conversion
process and the owner of the facility certify to the air district that
those materials will be recycled or composted.

(2) Certify to the air district that a local agency sending biomass
to the facility is in compliance with this division and has reduced
or recycled to the maximum extent feasible.

(3) (A) Allow the department to inspect the facility to ensure
that the facility is only processing biomass that meets the local
certification requirement and is limited to the previously specified
biomass eligible waste stream, as required pursuant to paragraph
(2).

(B) The air district shall revoke a permit for the operation of
the facility upon notification by the department that the facility is
processing biomass that does not meet the local certification
requirement or is not limited to the previously specified biomass
eligible waste stream.

(b) An air district shall review and approve the biomass
conversion technology facility if the air district finds that the
technology used by the facility meets all of the following
requirements:

(1) Is more protective than controlled combustion technologies.

(2) Causes no net increase in toxic air emissions or greenhouse
gas emissions as compared to controlled combustion technologies.

(3) Does not produce hazardous waste as a byproduct of the
technology.

end insert

begin insert

begin insert SEC. 4. 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