BILL ANALYSIS Ó
SB 804
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Date of Hearing: August 13, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SB 804 (Lara) - As Amended: August 5, 2013
SENATE VOTE : 32-7
SUBJECT : Biomass and Composting
SUMMARY : Provides expanded authority for biomass and composting
facilities. Specifically, this bill :
1) Includes conversion technologies that use specified
biomass feedstock in the definition of "biomass conversion"
for purposes of the Integrated Waste Management Act (IWMA).
2) Defines composting under the IWMA to include aerobic
decomposition and anaerobic decomposition of organic waste.
EXISTING LAW :
1)Requires cities and counties to divert 50% of the solid waste
disposed of within their jurisdiction through source
reduction, recycling, and composting, but authorizes a city or
county to comply with up to 10% of the 50% diversion
requirement through biomass conversion. This requirement is
contained in the IWMA.
2)Defines "biomass conversion" as the controlled combustion of
agricultural waste, yard and garden clippings, leaves and
forestry residue, wood chips, wood waste and non-recyclable
pulp or non-recyclable paper materials when these substances
are separated from other solid waste. The combustion of these
materials is used for producing electricity or heat.
3)Excludes from the definition of "biomass conversion" the
controlled combustion of pulp or paper materials, sewage or
industrial sludge, medical, hazardous, or radioactive wastes.
4)Defines "composting" to mean the controlled or uncontrolled
biological decomposition of organic wastes.
FISCAL EFFECT : Unknown.
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COMMENTS :
1)Need for the bill . According to the author, existing
California law defines "biomass conversion" as the direct
combustion of certain listed types of biomass materials. This
definition excludes conversion technologies that can more
efficiently generate electricity from biomass with lower air
emissions. Additionally, existing law is unclear regarding
how anaerobic digestion facilities should be permitted. This
hampers the state's goals of diverting additional organic
materials from disposal".
2)Biomass in California
According to the State Energy Commission, at present biomass
in California is converted to electric power though one of two
processes based on the characteristics of the biomass.
Two-thirds of California's biomass power capacity is generated
by the direct combustion of solid biomass in boiler-steam
turbine plants, ranging in size from about 5 to 50 MW. The
remainder is generated by the combustion of landfill gas and
biogas in a range of power generating equipment including
boiler-steam turbine systems, reciprocating engines, and gas
turbines.
According to information from the California Biomass
Collaborative, there are 22 biomass conversion facilities in
commercial operation in California. These plants are located
throughout the state, often near timber harvest or
agricultural operations. Most of these facilities were built
in the 1980s or early 1990s, after the federal Public
Utilities Regulatory Policy Act (PURPA) of 1978 required
utilities to purchase power provided by qualifying independent
power producers at relatively attractive rates. However,
California's regulatory policies were restructured in 1996,
decreasing the financial incentives available for biomass
conversion facilities.
Biomass facilities are generally subject to local air quality
district regulations and permit requirements. For new or
modified facilities, "New Source Review" (NSR) regulations may
require the use of "best available control technology" (BACT)
for PM, NOx, SOx, or other emissions. NSR may also require
the use of emission reduction credits (ERCs). In addition,
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federal rules that govern the permitting of new or modified
facilities may apply. The primary GHG emitted from biomass
conversion plants is carbon dioxide, which is not controlled.
Pending Biomass Projects:
The County of Los Angles (a sponsor of the proposed
legislation) has undertaken a Conversion Technology
Demonstration Project and has approved three conversion
technology demonstration projects designed to address the
dwindling landfill space in Los Angeles. To date, none of the
proposed projects would rely on a biomass conversion
technology include in this bill. According to the
California's Department of Resources Recycling and Recovery
(CalRecycle), one potential project that may be affected by
his change in facility definition is the Cabin Creek Biomass
Facility Project Truckee, Placer County.
Placer County is proposing to construct a two-megawatt (MW)
wood-to-energy biomass facility at the Eastern Regional
Materials Recovery Facility (MRF) and Transfer Station that
would use a gasification technology.
3)Biomass Projects Problems in California:
Some biomass facilities in California a have a history of
environmental issues including Clear Air act violations. In
2011, the U.S. Environmental Protection Agency and the San
Joaquin Valley Air Pollution Control District lodged consent
decrees against two biomass power plants in Chowchilla and El
Nido, California. The two companies have agreed to pay a
combined civil penalty of $835,000 to resolve alleged
violations of the federal Clean Air Act and District rules,
including excess emissions of air pollutants such as nitrogen
oxides, a precursor to ozone, and fine particulates.
4)Aerobic and Anaerobic Composting :
Aerobic composting is the principle at work in aboveground
composting environment, whether it takes place in a
freestanding pile or in a container that provides air
circulation, such as a bin with open sides or a tumbler with
aeration holes.
In an anaerobic system there is an absence of gaseous oxygen.
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Oxygen is prevented from entering the system through physical
containment in sealed tanks. Anaerobes access oxygen from
sources other than the surrounding air. The oxygen source for
these microorganisms can be the organic material itself or
alternatively may be supplied by inorganic oxides from within
the input material. When the oxygen source in an anaerobic
system is derived from the organic material itself, then the
'intermediate' end products are primarily alcohols, aldehydes,
and organic acids plus carbon dioxide. In the presence of
specialized methanogens, the intermediates are converted to
the 'final' end products of methane, carbon dioxide with trace
levels of hydrogen sulfide. CalRecycle's regulation relating
to anaerobic digestion requires that it be conducted "in
vessel.
Regulating Anaerobic Digestion and Composting : CalRecycle
regulates solid waste handling, processing and disposal,
including the operation of landfills, transfer-processing
stations, material recovery facilities, compost facilities and
waste-to-energy facilities, or conversion facilities
(transformation). CalRecycle's regulatory structure is
designed to provide a level of regulatory oversight
commensurate with the impacts associated with a solid waste
handling or disposal activity. Transformation facilities,
including incineration and pyrolysis, use municipal solid
waste (MSW) as their feedstock, and are required to obtain a
full solid waste facility permit, which entails the greatest
level of review and oversight due to the potential hazards
associated with processing MSW. Because of the extensive
permitting requirements, full solid waste facility permits are
much more costly and time consuming to obtain for the owner or
operator.
The definition for transformation includes "other biological
conversion other than composting" and because current law
lacks a definition for anaerobic digesters, concerns have been
raised that anaerobic digestion could fall under the
definition of high-heat technologies commonly identified with
transformation, making such facilities more difficult to
permit in the state.
5)Arguments in Support :
Support for this bill comes from local government including
Ventura County who stated: "SB 804 redefines the term "biomass
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conversion" to include other conversion technologies in and
clarifies that "composting" includes aerobic and anaerobic
decomposition of organic wastes. Such technologies promote the
highest and best use of resources while supporting the state's
key environmental goals. Ventura County supports the vision
of solid waste as a potential local resource rather than
material destined for disposal within our local landfills.
Further, by including conversion technology as a viable option
for solid waste management, we can address the state's
Bioenergy Plan, which has identified municipal solid waste as
a substantially underutilized resource for biomass feedstock;
not only can this feedstock produce renewable fuels and energy
but it can also help achieve the environmental goals
established by AB 32, including the Renewable Portfolio
Standard, Low Carbon Fuel Standard and reducing Green House
Gas (GHG) emissions. California can benefit from conversion
technologies through their potential to create green jobs,
reduce greenhouse gas emissions and other pollutants, reduce
groundwater contamination, produce green fuels and
electricity, and improve recycling rates while diverting trash
from our state's landfills."
6)Arguments in Opposition :
Opposition to this bill from environmentalists raised concerns
about the safety of conversion technologies. According to the
Sierra Club California, "Conversion technologies using
high-heat processes like pyrolysis and gasification bear
substantial similarities to incineration. Combustion for
energy production is responsible for air, water and land
pollution. These pollutants, including smog, acid rain, and
persistent bioaccumulative toxics, threaten human health and
the environment. Since burning produces CO2, biomass
conversion technologies can aggravate global warming. The EPA
now suggests "It is not safe to assume biomass power plants
are carbon neutral."
7)Recommended Amendments:
The purpose of this measure is to parse the definition of
biomass conversion that would allow cities and counties to
send increased material to a biomass facility and receive a
credit against the 50% diversion requirement applicable to
local agencies under the Integrated Waste Management Act.
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The broadened definition of biomass may allow applicants to
avoid solid waste incineration rules. Much of the materials
allowed to be burned under the Biomass permits are classified
as solid waste under California solid waste laws. Yet, the
project is able to avoid solid waste incinerator facility
siting laws by calling itself a renewable energy "biomass"
project. Across the country, biomass facilities often avoid
siting laws that would require comprehensive environmental
reviews and more community input.
a) The bill as drafted provides no definition of conversion
technologies. The Committee may wish to provide a
definition of what constitutes these non-combustion
technologies by identifying the goals or outcome form the
conversion process.
b) Expanded definition of biomass "conversion" does not
require net environmental benefits from such technologies.
While the information supplied to the committee by the
sponsors suggests that conversion technologies are
environmentally beneficial and preferable to incineration
or controlled combustion for waste solid waste or wood
products, nothing in this measure suggests that a test
should be applied to these technologies prior to endorsing
their widespread use. The Committee may wish to include a
standard that new conversion technologies be more
protective of the environment than the currently authorized
combustion facilities.
c) With the expanded definition of biomass projects and the
ability of waste processed as biomass the waste will no
longer be subject to the current 50% waste reduction and
recycling requirements. The committee may wish to include
requirements that the new conversion technology biomass
projects certify that they both removed recyclable
materials from the waste stream and that local agencies are
meeting their waste reduction requirements prior to sending
material to new biomass facilities.
d) CalRecycle lacks clear enforcement authority to
determine if biomass facilities are processioning
non-authorized waste material. The reduced regulatory
oversight for biomass facilities is based in part on the
limited organic feed stock that is processed by the
facilities. The current law lack specific authority for
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CalRecycle or the local enforcement agency to inspect and
insure that the feed stock is, in fact, the limited
material. The Committee may wish to include authority for
inspection of these feed stocks to ensure that unauthorized
municipal solid waste is not stored or used at these
facilities.
8)Related legislation :
a) AB 997 (Chesbro) of 2013 defines anaerobic digestion in
the Integrated Waste Management Act and amends the
definition of composting to include anaerobic digestion
processes. AB 997 is currently on the Assembly floor.
b) AB 1126 (Gordon) of 2013 adds thermal conversion to the
definition of biomass conversion, clarifies that composting
includes anaerobic digestion, and makes other changes
related to municipal solid waste conversion. AB 1126 is
currently in Assembly Natural Resources Committee.
9)Double Referral . SB 804 was heard in the Assembly Natural
Resources Committee on July 1, 2013 and passed on a 9 to 0
vote.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Los Angeles (sponsor)
California State Association of Counties (sponsor)
City of Torrance
County of Santa Barbra
County of Santa Clara
County of Ventura
Environmental Problem Solving Enterprise
North Valley Coalition of Concerned Citizens, Inc.
Salinas Valley Solid Waste Authority
Opposition
Global Alliance for Incinerator Alternatives
Greenaction for Health and Environmental Justice
Sierra Club California
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Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965