BILL NUMBER: SB 804 AMENDED
BILL TEXT
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
INTRODUCED BY Senator Lara
FEBRUARY 22, 2013
An act to amend Sections 40106 and 40116.1
Section 40106 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 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
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
. 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. 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.
This bill would define "composting" to include aerobic and
anaerobic decomposition of organic wastes.
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.
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.
SEC. 3. SEC. 2. 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 or biomass controlled
combustion .
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.
(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:
(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.
(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:
(1) Is more protective than existing biomass controlled
biomass combustion technology.
(2) Causes no net increase in public health risks or
risks, toxic air contaminants , or criteria
air pollutants as compared to existing biomass controlled combustion
technology .
(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.
SEC. 4. SEC. 3. 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.