Amended in Assembly September 6, 2013

Amended in Assembly September 5, 2013

Amended in Assembly August 27, 2013

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 begin delete Sections 40106 and 40116.1 end delete begin insert Section end insert begin insert 40106 end insert of, and to add Chapter 6 (commencing with Section 48800) to Part 7 of Division 30 of, 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.

This bill would revise the definition of the term “biomass conversion” to include, in addition to controlled combustion, the conversion technology used in a biomass conversion technology facility, as defined by this bill. The bill would require a biomass conversion technology facility to meet specified requirements. The bill would require begin delete 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 end delete begin insert the department to notify an air district within 48 hours of determining there is a specified violation so the air district can investigate and begin any necessary enforcement action end insert . begin insert The bill would require an air district, prior to issuing a permit to a biomass conversion technology facility, to determine whether a facility meets all the requirements for best available control technology, as specified, and that the technology used by the facility meets specified requirements. end insert Because the bill would impose additional duties on an air district, this bill would impose a state-mandated local program.

begin delete

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

end delete begin delete

This bill would define “composting” to include aerobic and anaerobic decomposition of organic wastes.

end delete

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 1.  

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

40106.  

(a) “Biomass conversion” means the controlled
combustion, or the conversion technology specified in subdivision
(c) of Section 48800, 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.  

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.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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

 

Chapter  6. Biomass Conversion Technology Facility

 

48800.  

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. “Biomass conversion technology
facility” does not include composting begin insert or biomass controlled
combustion end insert .

48805.  

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

(1) Certify to the air district that a local agency sending biomass
to the facility is in compliance with this division.

(2) Allow the department, consistent with the authority of the
department specified in Section 44100, to inspect the facility to
ensure that the facility is only processing biomass that meets the
local certification requirement and is limited to the biomass eligible
waste stream, as specified in subdivision (a) of Section 40106.

begin delete

(b) Upon notification by the department that a biomass
conversion technology facility is processing biomass that does not
meet the local certification requirement or is not limited to the
biomass eligible waste stream, as specified in subdivision (a) of
Section 40106, the air district shall require immediate compliance
with the conditions of the facility’s permit issued pursuant to
Division 26 (commencing with Section 39000) of the Health and
Safety Code or shall revoke that permit.

(c) An air district may review and approve, as part of the air
district’s permitting authority pursuant to Division 26 (commencing
with Section 39000) of the Health and Safety Code, the biomass
conversion technology facility if the air district finds that the
technology used by the facility meets all of the following
requirements:

end delete begin insert

(b) The department shall notify an air district within 48 hours
of determining there is a violation of subdivision (a) so the air
district can investigate and begin any necessary enforcement
action, which may include, but is not limited to, permit revocation
pursuant to Section 42307 of the Health and Safety Code, and
seeking a temporary restraining order, injunctive relief, an order
for abatement, or civil or criminal penalties.

end insert begin insert

(c) Prior to issuing a permit to a biomass conversion technology
facility, an air district shall determine whether the facility meets
all the requirements for best available control technology for
criteria air pollutants, toxic air contaminants, and greenhouse
gases required pursuant to federal and state law and the rules of
the air district, and that the technology used by the facility meets
all of the following:

end insert

(1) Is more protective than begin insert existing biomass end insert controlled begin delete biomass end delete
combustion technology.

(2) Causes no net increase in public health begin delete risks or end delete begin insert risks, end insert toxic
air contaminants begin insert , or criteria air pollutants as compared to existing
biomass controlled combustion technology end insert .

(3) Is not designed to produce hazardous waste, as defined in
Section 40141, as a byproduct of the technology.

(4) Complies with Section 25143.5 of the Health and Safety
Code.

(d) A biomass conversion technology facility shall comply with
this chapter in addition to all other applicable provisions of local,
state, and federal law.

begin delete SEC. 4. end delete
begin insert SEC. 3. end 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.