BILL ANALYSIS Ó
SB 804
Page 1
Date of Hearing: July 1, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 804 (Lara) - As Amended: June 25, 2013
SENATE VOTE : 32-7
SUBJECT : Solid waste: energy
SUMMARY : Specifies that conversion technologies that use
specified biomass feedstocks are included in the definition of
"biomass conversion" for purposes of the Integrated Waste
Management Act (IWMA). Defines "anaerobic digestion" and
specifies that anaerobic digestion facilities are solid waste
facilities.
EXISTING LAW , under the IWMA:
1)Requires each local jurisdiction to divert 50 percent of solid
waste from landfill disposal or transformation by January 1,
2000, through source reduction, recycling, and composting
activities.
2) Establishes a state policy goal that 75 percent of solid
waste generated in California be diverted from landfill
disposal through source reduction, recycling or composting by
2020.
3)Defines "biomass conversion" to mean the controlled
combustion, when separated from other solid waste and used for
producing electricity or heat, of specified biomass,
including, agricultural crop residues, bark, lawn, yard,
garden clippings, leaves, silvicultural residue, tree and
brush pruning, wood, wood chips, and wood waste and
non-recyclable pulp or non-recyclable paper materials.
4)Specifies that 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.
5)Defines "composting" to mean the controlled or uncontrolled
biological decomposition of organic wastes. This definition
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is currently interpreted to include aerobic and anaerobic
decomposition.
6)Defines "transformation" to mean incineration, pyrolysis,
distillation, or biological conversion other than composting.
Specifies that transformation does not include composting,
gasification, or biomass conversion.
7)Specifies that compost facilities are solid waste facilities
for purposes of the IWMA and requires that operators acquire a
solid waste facilities permit to operate.
8)Allows local jurisdictions to "count" wastes that go to
transformation facilities for up to 10 percent of their 50
percent diversion requirement.
THIS BILL :
1)Adds conversion technologies other than controlled combustion
to the definition of biomass conversion.
2)Defines "anaerobic digestion" to mean a process of breaking
down organic materials using microorganisms under controlled
conditions in the absence of oxygen or in an oxygen-starved
environment, other than in a landfill.
3)Revises the definition of "composting" to apply to the
controlled or uncontrolled biological decomposition of organic
wastes in the presence of oxygen.
4)Revises the definition of "transformation" to exclude
biological conversion and to clarify that anaerobic digestion
is not transformation.
5)Specifies that anaerobic digestion facilities are solid waste
facilities for purposes of the IWMA and require solid waste
facility permits.
6)Generally adds anaerobic digestion to the IWMA to clarify that
it is considered diversion for purposes of meeting the 50
percent and 75 percent goals.
FISCAL EFFECT : Unknown
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COMMENTS :
Conversion technology . The term "conversion technologies"
generally refers to a variety of technologies that process solid
waste through chemical, biological, or other "non-combustion"
thermal technologies to produce energy or renewable fuels. These
technologies create energy using three main processes:
thermochemical, biochemical, and physicochemical.
Thermochemical conversion processes include high-heat
technologies like gasification and pyrolysis. Thermochemical
conversion is characterized by higher temperatures and faster
conversion rates. It is best suited for lower moisture
feedstocks. Thermochemical routes can convert the entire
organic portion of suitable feedstocks. The inorganic fraction
(ash) does not contribute to the energy products and may
contribute to fouling of high temperature equipment and
increased nutrient loading in wastewater treatment and disposal
facilities. Generally the ash must be disposed. Inorganic
constituents may also accelerate some of the conversion
reactions. Under current law, pyrolysis is considered
transformation, while gasification is explicitly excluded from
the definition of transformation.
Biochemical conversion processes include aerobic conversion
(i.e., composting), anaerobic digestion, which is currently
regulated as composting, and anaerobic fermentation (for
example, the conversion of sugars from cellulose to ethanol).
Biochemical conversion processes use lower temperatures and
lower reaction rates. Higher moisture feedstocks are generally
good candidates for biochemical processes. The lignin fraction
of biomass cannot be converted by anaerobic biochemical means
and only very slowly through aerobic decomposition. As a
consequence, a significant fraction of woody and some other
fibrous feedstocks exits the process as a residue that may or
may not have market value as a soil amendment. The residue can
be composted.
Physiochemical conversion involves the physical and chemical
synthesis of products from feedstocks (for example, biodiesel
from waste fats, oils, and grease) and is primarily associated
with the transformation of fresh or used vegetable oils, animal
fats, greases, tallow, and other suitable feedstocks into liquid
fuels or biodiesel.
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Dwindling landfill capacity and the infeasibility of siting and
permitting new disposal sites have created a significant demand
for alternative management options for MSW, especially in the
Los Angeles area. However, significant barriers exist for the
development of these technologies in California, including the
lack of guidance on how these facilities could be permitted by
CalRecycle, concerns relating to air emissions from conversion
technology facilities, and whether these technologies are
considered renewable under the Renewables Portfolio Standard and
if they are considered recycling for purposes of the state's
diversion requirements.
Biomass conversion . Biomass conversion facilities use
controlled combustion of organic material separated from other
solid waste to produce electricity or heat. Biomass includes
agricultural crop residues, bark, lawn, yard, garden clippings,
leaves, silvicultural residue, tree and brush pruning, wood,
wood chips, and wood waste and non-recyclable pulp or
non-recyclable paper materials.
Composting and anaerobic digestion. Composting and anaerobic
digestion both refer to the biological decomposition of organic
material. AD is a fermentation technique that operates without
free oxygen and results in a biogas containing mostly methane
and carbon dioxide, with some fraction of impurities including
hydrogen sulfide and ammonia. CalRecycle's regulation relating
to anaerobic digestion requires that it be conducted "in
vessel." In contrast, composting is an aerobic process, using
oxygen, primarily used to process organic waste into a soil
amendment.
Managing organic waste. CalRecycle is tasked with diverting at
least 75 percent of solid waste statewide by 2020. Currently,
organic materials make up one-third of the waste stream and food
continues to be the highest single item disposed at over 15
percent of disposal. CalRecycle is also charged with
implementing its Strategic Directive 6.1, which calls for
reducing organic waste disposal by 50 percent by 2020.
According to CalRecycle, significant gains in organic waste
diversion are necessary to meet the 75 percent goal and
implementing Strategic Directive 6.1. Recycling technologies
for organic waste include composting, anaerobic digestion, and
other types of processing that generate renewable fuels, energy,
soil amendments, and mulch. Compost and other soil amendments
that can be produced from organic materials have been shown to
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improve soil health by incorporating organic matter, beneficial
micro-organisms, and nutrients and reduce the need for chemical
pesticides and fertilizers. These products also conserve water
by allowing water to penetrate the soil more quickly and
decreasing runoff.
This bill. According to the author, the existing definition of
biomass "excludes conversion technologies that can more
efficiently generate electricity from biomass with lower air
emissions." This bill would clarify that conversion
technologies can be used for the management of separated organic
wastes.
The author also states that, "existing law is unclear regarding
how anaerobic digestion facilities should be permitted. This
hampers the state's goals for diverting additional organic
materials from disposal."
Suggested amendments . Recent amendments to this bill are
intended to clarify how anaerobic digestion is regulated under
the IWMA; however, CalRecycle has already promulgated
regulations that establish permitting and oversight for
anaerobic digestion facilities under their existing compost
facility regulations. Several facilities have been permitted
over the last few years, and many are now in operation
throughout California. The need for the changes proposed by
this bill is not clear. Moreover, these provisions would
require CalRecycle to promulgate regulations for a new
permitting system for this technology and may result in
unintended effects on existing incentives for composting and
anaerobic digestion. The committee may wish to remove the
references to anaerobic digestion and allow the author to work
with the policy committees, CalRecycle, and stakeholders to
ensure appropriate regulatory oversight and permitting and to
preserve ongoing efforts to properly manage the organic waste
stream.
The recent amendments also strike out "biological conversion"
from the definition of transformation. To avoid any confusion
or unintended consequences relating to the types of technologies
that may be considered biological conversion, the committee may
wish to amend the bill to keep biological conversion within the
definition of transformation.
Double referral . This bill is double referred to the
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Environmental Safety and Toxics Materials Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Los Angeles (sponsor)
County of Santa Clara
California State Association of Counties
City of Torrance
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092