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. 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 districtbegin insert to either require immediate compliance with the conditions of the biomass conversion technology facility’s permit, as specified, or revoke that permit upon notification by the department that a facility did not meet specified conditions. The bill would authorize an air districtend insert to review and approve a biomass conversion technology facility if thebegin insert
airend insert district finds the technology used in the facility meets specified requirements. Because the bill would impose additional duties on an airbegin delete quality management district or air pollution controlend delete district, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 40106 of the Public Resources Code is
2amended to read:
(a) “Biomass conversion” means the controlled
4combustion, or other conversion technology, when separated from
5other solid waste and used for producing electricity or heat, of the
6following materials:
7(1) Agricultural crop residues.
8(2) Bark, lawn, yard, and garden clippings.
9(3) Leaves, silvicultural residue, and tree and brush pruning.
10(4) Wood, wood chips, and wood waste.
11(5) Nonrecyclable pulp or nonrecyclable paper materials.
P3 1(b) “Biomass conversion” does not include the controlled
2combustion of recyclable pulp or recyclable paper materials, or
3materials that contain sewage sludge, industrial sludge, medical
4waste, hazardous waste, or either high-level or low-level
5radioactive waste.
6(c) For purposes of this section, “nonrecyclable pulp or
7nonrecyclable paper materials” means either of the following, as
8determined by the department:
9(1) Paper products or fibrous materials that cannot be
10technically, feasibly, or legally recycled because of the manner in
11which the product or material has been manufactured, treated,
12coated, or constructed.
13(2) Paper products
or fibrous materials that have become soiled
14or contaminated and as a result cannot be technically, feasibly, or
15legally recycled.
Section 40116.1 of the Public Resources Code is
17amended to read:
(a) “Composting” means the controlled or
19uncontrolled biological decomposition of organic wastes.
20(b) “Composting” includes aerobic decomposition and anaerobic
21decomposition of organic wastes.
Chapter 6 (commencing with Section 48800) is added
23to Part 7 of Division 30 of the Public Resources Code, to read:
24
For the purpose of this chapter, the following terms
28have the following meanings:
29(a) “Air district” means an air quality management district or
30an air pollution control district with jurisdiction over the biomass
31conversion technology facility.
32(b) “Biomass” means nonrecyclable organic waste materials as
33specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
34Section 40106.
35(c) “Biomass conversion technology facility” means a facility
36that uses a conversion technology capable of converting biomass
37into marketable products and fuels through
noncombustion thermal,
38chemical, or biological process.begin insert “Biomass conversion technology
39facility” does not include composting.end insert
(a) A biomass conversion technology facility shall
2comply with all of the following requirements:
3(1) Remove, to the maximum extent feasible, all recyclable
4materials from the solid waste stream prior to the conversion
5process andbegin insert haveend insert the owner of the facility certify to the air district
6that those materials will be recycled or composted.
7(2) Certify to the air district that a local agency sending biomass
8to the facility is in compliance with this division and has reduced
9or recycled to the maximum extent
feasible.
10(3) begin delete(A)end deletebegin delete end deleteAllow the department to inspect the facility to ensure
11that the facility is only processing biomass that meets the local
12certification requirement and is limited to the previously specified
13biomass eligible waste stream, as required pursuant to paragraph
14(2).
15(B) The
end delete
16begin insert(b)end insertbegin insert end insertbegin insertUpon notification by the department that a biomass
17conversion technology facility is processing biomass that does not
18meet the local certification requirement or is not limited to the
19previously specified biomass eligible waste stream, theend insert air district
20shallbegin insert require immediate compliance with the conditions of the
21facility’s permit issued pursuant to Division 26 (commencing with
22Section 39000) of the Health and Safety Code or shallend insert revokebegin delete aend delete
23begin insert thatend insert permitbegin delete for the operation of the facility upon notification by .
24the department that the facility is processing biomass that does not
25meet the local certification requirement or is not limited to the
26previously specified biomass eligible waste streamend delete
27(b)
end delete
28begin insert(c)end insert An air districtbegin delete shallend deletebegin insert mayend insert review and approvebegin insert, as part of the
29air district’s permitting authority pursuant to Division 26
30(commencing with Section 39000) of the Health and Safety Code,end insert
31 the biomass conversion technology facility if the air district finds
32that the technology used by the facility meets all of the following
33requirements:
34(1) Is more protective than controlledbegin insert
biomassend insert combustion
35begin delete technologiesend deletebegin insert technologyend insert.
36(2) Causes no net increase inbegin insert public health risks,end insert toxic air
37emissionsbegin insert,end insert or greenhouse gas emissions as compared to controlled
38begin insert biomassend insert combustionbegin delete technologiesend deletebegin insert
technologyend insert.
39(3) Does not produce hazardous waste as a byproduct of the
40technology.
P5 1(d) A biomass conversion technology facility shall comply with
2this chapter in addition to all other applicable provisions of local,
3state, and federal law.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6a local agency or school district has the authority to levy service
7charges, fees, or assessments sufficient to pay for the program or
8level of service mandated by this act, within the meaning of Section
917556 of the Government Code.
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