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 used for producing heat or electricity, 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 specified. The bill would also require a biomass conversion technology facility to submit specified documents to the city or countybegin insert, including a city and county,end insert with land use permitting authority over the proposed facility that demonstrate the design and operation of the facility. Because the bill would impose additional duties on an air district, cities, and counties, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With 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.
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
2combustion used for producing heat or electricity, or the conversion
3technology specified in subdivision (c) of Section 48800, when
4separated from other solid waste, of the following materials:
5(1) Agricultural crop residues.
6(2) Bark, lawn, yard, and garden clippings.
7(3) Leaves, silvicultural residue, and tree and brush pruning.
8(4) Wood, wood chips, and wood waste.
9(5) Nonrecyclable pulp or nonrecyclable paper materials.
10(b) “Biomass conversion” does not include the controlled
11combustion of recyclable pulp or recyclable paper materials, or
12materials that contain sewage sludge, industrial sludge, medical
13waste, hazardous waste, or either high-level or low-level
14radioactive waste.
15(c) For purposes of this section, “nonrecyclable pulp or
16nonrecyclable paper materials” means either of the following, as
17determined by the department:
18(1) Paper products or fibrous materials that cannot be
19technically, feasibly, or legally recycled because of the manner in
20which the product or material has been manufactured, treated,
21coated, or constructed.
22(2) Paper products or fibrous materials that have become soiled
23or contaminated and as a result cannot be technically, feasibly, or
24legally recycled.
Chapter 6 (commencing with Section 48800) is added
26to Part 7 of Division 30 of the Public Resources Code, to read:
27
For the purpose of this chapter, the following terms
31have the following meanings:
32(a) “Air district” means an air quality management district or
33an air pollution control district with jurisdiction over the biomass
34conversion technology facility.
35(b) “Biomass” means nonrecyclable organic waste materials as
36specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
37Section 40106.
38(c) “Biomass conversion technology facility” means a facility
39that uses a conversion technology capable of converting biomass
40into marketable products and fuels through
noncombustion thermal,
P4 1chemical, or biological process. “Biomass conversion technology
2facility” does not include composting or biomass controlled
3combustion.
(a) A biomass conversion technology facility shall
5comply with both of the following requirements:
6(1) Certify to the air district that a local agency sending biomass
7to the facility is in compliance with this division.
8(2) Allow the department, consistent with the authority of the
9department specified in Section 44100, to inspect the facility to
10ensure that the facility is only processing biomass that meets the
11local certification requirement and is limited to the biomass eligible
12waste stream, as specified in subdivision (a) of Section 40106.
13(b) The department shall notify an air district within 48 hours
14of determining there is a violation of subdivision (a) so the air
15district can investigate and begin any necessary enforcement action,
16which may include, but is not limited to, permit revocation pursuant
17to Section 42307 of the Health and Safety Code, and seeking a
18temporary restraining order, injunctive relief, an order for
19abatement, or civil or criminal penalties.
20(c) Prior to issuing a permit to a biomass conversion technology
21facility, an air district shall determine whether the facility meets
22all the requirements for best available control technology for
23criteria air pollutants, toxic air contaminants, and greenhouse gases
24required pursuant to federal and state law and the rules of the air
25district.
26(d) A biomass conversion technology facility shall submit
27documents to the begin deletecity or countyend deletebegin insert city, county, or city and countyend insert
28 with land use permitting authority over the proposed facility, that
29demonstrate all of the following:
30(1) The biomass conversion technology facility is designed to
31cause no net increase in toxic air contaminants, or criteria air
32pollutants for which state ambient air quality standards are
33specified, as compared to an existing and comparable biomass
34controlled combustion facility.
35(2) The biomass conversion technology facility is not designed
36to produce hazardous waste, as defined in Section
40141, asbegin delete an
37end byproduct of
the technology.end delete
38that remains a hazardous waste at the end of the production
39process, unless the hazardous waste is treated at the facility, in
P5 1compliance with all applicable requirements, to render the
2hazardous waste nonhazardous. end insert
3(3) The biomass conversion technology facility will operate
4using a process to ensure that any hazardous waste generated by
5the facility is disposed of in accordance with state lawbegin delete andend deletebegin insert and,
6as applicable, is end insert consistent with the requirements of Section
725143.5 of the Health and Safety Code.
8(e) 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 for certain
13costs because a local agency or school district has the authority to
14levy service charges, fees, or assessments sufficient to pay for the
15program or level of service mandated by this act, within the
16meaning of Section 17556 of the Government Code.
17However, if the Commission on State Mandates determines that
18this act contains other costs mandated by the state, reimbursement
19to local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214
of Title 2 of the Government Code.
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