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 combustionbegin insert
used for producing heat or electricityend insert, 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 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 specifiedbegin delete, and that the technology used by the facility meets specified requirementsend delete.begin insert The bill would also require a biomass conversion technology facility to submit
specified documents to the city or county with land use permitting authority over the proposed facility that demonstrate the designend insertbegin insert
and operationend insertbegin insert of the facility.end insert Because the bill would impose additional duties on an air districtbegin insert, cities, and countiesend insert, 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteThe 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 insertbegin insertThis bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
end insertbegin insertWith regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
end insertVote: 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
4begin delete combustion, orend deletebegin insert combustion used for producing heat or electricity,
5orend insert the conversion technology specified in subdivision (c) of Section
648800, when separated from other solidbegin delete waste and used for begin insert waste,end insert of the following materials:
7producing electricity or heat,end delete
8(1) Agricultural crop residues.
9(2) Bark, lawn, yard, and garden clippings.
10(3) Leaves, silvicultural residue, and tree and brush pruning.
11(4) Wood, wood chips, and wood waste.
12(5) Nonrecyclable pulp or nonrecyclable paper materials.
13(b) “Biomass conversion” does not include the controlled
14combustion of recyclable pulp or recyclable paper materials, or
15materials that contain sewage sludge, industrial sludge, medical
16waste, hazardous waste, or either high-level or low-level
17radioactive waste.
18(c) For purposes of this section,
“nonrecyclable pulp or
19nonrecyclable paper materials” means either of the following, as
20determined by the department:
21(1) Paper products or fibrous materials that cannot be
22technically, feasibly, or legally recycled because of the manner in
23which the product or material has been manufactured, treated,
24coated, or constructed.
25(2) Paper products or fibrous materials that have become soiled
26or contaminated and as a result cannot be technically, feasibly, or
27legally recycled.
Chapter 6 (commencing with Section 48800) is added
29to Part 7 of Division 30 of the Public Resources Code, to read:
30
For the purpose of this chapter, the following terms
34have the following meanings:
35(a) “Air district” means an air quality management district or
36an air pollution control district with jurisdiction over the biomass
37conversion technology facility.
P4 1(b) “Biomass” means nonrecyclable organic waste materials as
2specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
3Section 40106.
4(c) “Biomass conversion technology facility” means a facility
5that uses a conversion technology capable of converting biomass
6into marketable products and fuels through
noncombustion thermal,
7chemical, or biological process. “Biomass conversion technology
8facility” does not include composting or biomass controlled
9combustion.
(a) A biomass conversion technology facility shall
11comply with both of the following requirements:
12(1) Certify to the air district that a local agency sending biomass
13to the facility is in compliance with this division.
14(2) Allow the department, consistent with the authority of the
15department specified in Section 44100, to inspect the facility to
16ensure that the facility is only processing biomass that meets the
17local certification requirement and is limited to the biomass eligible
18waste stream, as specified in subdivision (a) of Section 40106.
19(b) The department shall notify an air district within 48 hours
20of determining there is a violation of subdivision (a) so the air
21district can investigate and begin any necessary enforcement action,
22which may include, but is not limited to, permit revocation pursuant
23to Section 42307 of the Health and Safety Code, and seeking a
24temporary restraining order, injunctive relief, an order for
25abatement, or civil or criminal penalties.
26(c) Prior to issuing a permit to a biomass conversion technology
27facility, an air district shall determine whether the facility meets
28all the requirements for best available control technology for
29criteria air pollutants, toxic air contaminants, and greenhouse gases
30required pursuant to federal and state law and the rules of the airbegin delete31 district, and that the technology used by the facility meets all of
32the
following:end delete
33(1) Is more protective than existing biomass controlled
34combustion technology.
35(2) Causes no net increase in public health risks, toxic air
36contaminants, or criteria air pollutants as compared to existing
37biomass controlled combustion technology.
38(3) Is not designed to produce hazardous waste, as defined in
39Section 40141, as a byproduct of the technology.
P5 1(4) Complies with Section 25143.5 of the Health and Safety
2Code.
3(d) A biomass conversion technology facility shall submit
4documents to the city or county with land use permitting authority
5over the proposed facility, that demonstrate all of the following:
6(1) The biomass conversion technology facility is designed to
7cause no net increase in toxic air contaminants, or criteria air
8pollutants for which state ambient air quality standards are
9specified, as compared to an existing and comparable biomass
10controlled combustion facility.
11(2) The biomass conversion technology facility is not designed
12to produce hazardous waste, as defined in Section 40141, as an
13end byproduct of
the technology.
14(3) The biomass conversion technology facility will operate
15using a process to ensure that any hazardous waste generated by
16the facility is disposed of in accordance with state law and
17consistent with the requirements of Section 25143.5 of the Health
18and Safety Code.
19(d)
end delete
20begin insert(e)end insert A biomass conversion technology facility shall comply with
21this chapter in addition to all other applicable provisions of local,
22state, and federal
law.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitutionbegin insert for certain
25costsend insert because a local agency or school district has the authority to
26levy service charges, fees, or assessments sufficient to pay for the
27program or level of service mandated by this act, within the
28meaning of Section 17556 of the Government Code.
29However, if the Commission on State Mandates determines that
30this act contains other costs mandated by
the state, reimbursement
31to local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.
O
89