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.begin delete The act defines various terms, including “biomass conversion” and “composting,” for the purposes of the act. end delete
This bill would revise the definition of the term “biomass conversion” to include, in addition to controlled combustion,begin delete any otherend deletebegin insert theend insert conversionbegin delete technology, as specifiedend deletebegin insert technology used in a biomass conversion technology facility, as defined by this billend insert.begin delete The bill would define “composting” to include aerobic and anaerobic decomposition of organic wastes.end delete The bill would require a biomass conversion technologybegin delete facility, as defined,end deletebegin insert
facilityend insert to meet specified requirements. The bill would require an air quality management district or air pollution control district 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 district to review and approve a biomass conversion technology facility if the air district finds the technology used in the facility meets specified requirements. Because the bill would impose additional duties on an air district, this bill would impose a state-mandated local program.
The act defines various terms, including “biomass conversion” and “composting,” for the purposes of the act.
end insertbegin insertThis bill would define “composting” to include aerobic and anaerobic decomposition of organic wastes.
end insertThe 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, orbegin delete otherend deletebegin insert theend insert conversion technologybegin insert specified in
5subdivision (c) of Section 48800end insert, when separated from other solid
6waste and used for producing electricity or heat, of the following
7materials:
P3 1(1) Agricultural crop residues.
2(2) Bark, lawn, yard, and garden clippings.
3(3) Leaves, silvicultural residue, and tree and brush pruning.
4(4) Wood, wood chips, and wood waste.
5(5) Nonrecyclable pulp or nonrecyclable paper materials.
6(b) “Biomass conversion” does not include the controlled
7combustion of recyclable pulp or recyclable paper materials, or
8materials that contain sewage sludge, industrial sludge, medical
9waste, hazardous waste, or either high-level or low-level
10radioactive waste.
11(c) For purposes of this section, “nonrecyclable pulp or
12nonrecyclable paper materials” means either of the following, as
13determined by the department:
14(1) Paper products or fibrous materials that cannot be
15technically, feasibly, or legally recycled because of the manner in
16which the product or material has been manufactured, treated,
17coated, or constructed.
18(2) Paper products or fibrous materials that have become soiled
19or contaminated and as a result cannot be technically, feasibly, or
20legally recycled.
Section 40116.1 of the Public Resources Code is
22amended to read:
(a) “Composting” means the controlled or
24uncontrolled biological decomposition of organic wastes.
25(b) “Composting” includes aerobic decomposition and anaerobic
26decomposition of organic wastes.
Chapter 6 (commencing with Section 48800) is added
28to Part 7 of Division 30 of the Public Resources Code, to read:
29
For the purpose of this chapter, the following terms
33have the following meanings:
34(a) “Air district” means an air quality management district or
35an air pollution control district with jurisdiction over the biomass
36conversion technology facility.
37(b) “Biomass” means nonrecyclable organic waste materials as
38specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
39Section 40106.
P4 1(c) “Biomass conversion technology facility” means a facility
2that uses a conversion technology capable of converting biomass
3into marketable products and fuels through
noncombustion thermal,
4chemical, or biological process. “Biomass conversion technology
5facility” does not include composting.
(a) A biomass conversion technology facility shall
7comply withbegin delete allend deletebegin insert bothend insert of the following requirements:
8(1) Remove, to the maximum extent feasible, all recyclable
9materials from the solid waste stream prior to the conversion
10process and have the owner of the facility certify to the air district
11that those materials will be recycled or composted.
12(2)
end delete
13begin insert(1)end insert Certify to the air district that a local agency sending biomass
14to the facility is in compliance with thisbegin delete division and has reduced begin insert division.end insert
15or recycled to the maximum extent feasible.end delete
16(3)
end delete
17begin insert(2)end insert Allow the departmentbegin insert,
consistent with the authority of the
18department specified in Section 44100, end insert
to inspect the facility to
19ensure that the facility is only processing biomass that meets the
20local certification requirement and is limited to the begin deletepreviously biomass eligible waste stream, as
21specifiedend deletebegin delete required pursuant to begin insert specified in subdivision (a) of Section 40106.end insert
22paragraph (2).end delete
23(b) Upon notification by the department that a biomass
24conversion technology facility is processing biomass that does not
25meet the local certification requirement or is not limited to the
26begin deletepreviously specified end deletebiomass
eligible waste stream,begin insert
as specified
27in subdivision (a) of Section 40106,end insert the air district shall require
28immediate compliance with the conditions of the facility’s permit
29issued pursuant to Division 26 (commencing with Section 39000)
30of the Health and Safety Code or shall revoke that permit.
31(c) An air district may review and approve, as part of the air
32district’s permitting authority pursuant to Division 26 (commencing
33with Section 39000) of the Health and Safety Code, the biomass
34conversion technology facility if the air district finds that the
35technology used by the facility meets all of the following
36requirements:
37(1) Is more protective than controlled biomass combustion
38technology.
P5 1(2) Causes no net increase in public healthbegin delete risks, toxic air begin insert risks or toxic air contaminants.end insert
2emissions, or greenhouse gas emissions as compared to controlled
3biomass combustion technology.end delete
4(3) begin deleteDoes not end deletebegin insertIs not designed to end insertproduce hazardous wastebegin insert, as
5defined in Section 40141,end insert as a byproduct of the technology.
6(4) Complies with Section 25143.5 of the Health and Safety
7Code.
8(d) A biomass conversion technology facility shall comply with
9this chapter in addition to all other applicable provisions of local,
10state, and federal law.
No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13a local agency or school district has the authority to levy service
14charges, fees, or assessments sufficient to pay for the program or
15level of service mandated by this act, within the meaning of Section
1617556 of the Government Code.
O
91