BILL ANALYSIS Ó
SB 804
Page 1
Date of Hearing: August 30, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 804 (Lara) - As Amended: August 27, 2013
Policy Committee: Natural
ResourcesVote:9-0
Environmental Safety 5-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill provides expanded authority for biomass and composting
facilities under the Integrated Waste Management Act.
Specifically, this bill:
1)Expands the definition of biomass conversion technologies to
include a facility that uses a conversion technology capable
of converting biomass into marketable products and fuels
through non-combustion thermal, chemical, or biological
process. Specifies that a biomass conversion technology
facility does not include composting.
2)Requires a biomass conversion technology facility to:
a) Remove all recyclable materials from the solid waste
stream prior to the conversion process and certify to the
local air district that those materials will be recycled or
composted.
b) Certify to the air district that a local agency sending
biomass to a facility is in compliance with this bill and
has reduced or recycled to the maximum extent feasible.
c) Allow CalRecycle to inspect the facility to ensure any
biomass processed meets the local certification
requirements as specified.
1)Requires an air district to require immediate compliance with
specified permits upon notification by CalRecyle that the
biomass conversion facility is out of compliance with
SB 804
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specified requirements.
2)Authorizes an air district to review and approve a facility if
it meets all the specified requirements including those
relating to public health risks, toxic air emissions and
greenhouse gas emissions
3)Expands the definition of composting to include aerobic
decomposition and anaerobic decomposition or organic wastes.
FISCAL EFFECT
Increased costs to CalRecycle in the $160,000 range for
rulemaking and enforcement.
COMMENTS
1)Rationale. The existing definition of biomass conversion
excludes conversion technologies that generate electricity
more efficiently and with lower air emissions. Existing law
is unclear regarding, whether anaerobic digestion facilities
are permitted, which hampers the state's goal for diverting
additional organic materials from landfills.
According to the sponsor, the County of Los Angeles,
conversion technologies and anaerobic decomposition of organic
wastes promote the highest and best use of resources while
supporting the state's air quality and greenhouse gas
reduction goals.
This bill expands the definition of biomass conversion to
include conversion technologies that use biomass feedstocks
and specifies that anaerobic digestion facilities are solid
waste facilities. This bill will allow cities and counties to
send increased material to biomass facilities and receive
credit toward mandatory diversion requirements in the
Integrated Waste Management Act.
2)Background. CalRecycle administers the Integrated Waste
Management Act of 1989. The Act requires local governments to
divert 50% solid waste disposed by their jurisdictions from
landfills. The traditional decomposition of landfills
produces significant amounts of methane, a greenhouse gas
emission.
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Anaerobic digestion refers to the controlled biological
decomposition of organic material with little or no oxygen.
Anaerobic digestion is not defined in current law but is
considered a method of composting by the industry.
Anaerobic digestion is widely used to manage waste from
wastewater treatment and dairy manure. Anaerobic solid waste
digesters are emerging in California with a number of new and
proposed facilities underway.
3)Concerns. In its current draft, the bill raise several
concerns relating to implementation. The biomass industry is
concerned that this bill requires CalRecycle to inspect
facilities for which it has no permitting authority and report
violations to local air districts for enforcement action.
This bill may also prevent the intended feedstock from being
converted due to overly broad requirements relating to
activities required before conversion.
Lastly, the term toxic air emissions is not clearly defined in
statute. The author may wish to amend this bill to address
concerns.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081