BILL NUMBER: SB 804 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 12, 2013
PASSED THE ASSEMBLY SEPTEMBER 12, 2013
AMENDED IN ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY SEPTEMBER 9, 2013
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 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, 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 county, including a city
and county, 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.
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
used for producing heat or electricity, or the conversion technology
specified in subdivision (c) of Section 48800, when separated from
other solid waste, 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. 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) 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.
(d) A biomass conversion technology facility shall submit
documents to the city, county, or city and county with land use
permitting authority over the proposed facility, that demonstrate all
of the following:
(1) The biomass conversion technology facility is designed to
cause no net increase in toxic air contaminants, or criteria air
pollutants for which state ambient air quality standards are
specified, as compared to an existing and comparable biomass
controlled combustion facility.
(2) The biomass conversion technology facility is not designed to
produce hazardous waste, as defined in Section 40141, as a byproduct
of the technology that remains a hazardous waste at the end of the
production process, unless the hazardous waste is treated at the
facility, in compliance with all applicable requirements, to render
the hazardous waste nonhazardous.
(3) The biomass conversion technology facility will operate using
a process to ensure that any hazardous waste generated by the
facility is disposed of in accordance with state law and, as
applicable, is consistent with the requirements of Section 25143.5 of
the Health and Safety Code.
(e) A biomass conversion technology facility shall comply with
this chapter in addition to all other applicable provisions of local,
state, and federal law.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.