BILL ANALYSIS Ó
SB 804
Page 1
SENATE THIRD READING
SB 804 (Lara)
As Amended September 6, 2013
Majority vote
SENATE VOTE : 32-7
NATURAL RESOURCES 9-0 ENVIRONMENTAL SAFETY 5-1
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|Ayes:|Chesbro, Grove, Bigelow, |Ayes:|Alejo, Dahle, Bloom, |
| |Garcia, Muratsuchi, | |Donnelly, Ting |
| |Patterson, Skinner, | | |
| |Stone, Williams | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Stone |
| | | | |
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APPROPRIATIONS 12-1
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|Ayes:|Gatto, Bocanegra, | | |
| |Bradford, | | |
| |Ian Calderon, Campos, | | |
| |Eggman, Gomez, Hall, | | |
| |Holden, Pan, Quirk, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly | | |
| | | | |
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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). Specifically, this bill :
1)Adds "conversion technologies other than controlled
combustion" to the definition of biomass conversion.
2)Defines "biomass conversion technology facility" to mean a
facility that uses a conversion technology capable of
converting biomass into marketable products and fuels through
noncombustion thermal, chemical, or biological processes.
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Specifies that biomass conversion technology facility does not
include composting or biomass controlled combustion.
3)Requires biomass conversion technology facilities to:
a) Certify to the air district that a local agency sending
biomass to the facility is in compliance with the IWMA;
and,
b) Allow CalRecycle, consistent with their existing
authority to inspect legal and illegal solid waste
facilities, 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."
4)Requires the Department of Resources Recycling and Recovery
(CalRecycle) to notify the air district (e.g., air quality
management districts and air pollution control districts)
within 48 hours if there is a violation of the state's solid
waste laws, and requires the air district to investigate and
begin necessary enforcement actions.
5)Requires an air district, prior to issuing a permit for a
biomass conversion technology facility, to determine whether
or not the facility meets the requirements for best available
control technology for criteria air pollutants, toxic air
contaminants, and greenhouse gases, and that the technology :
a) Is "more protective" than existing biomass controlled
combustion technology;
b) Causes no net increase in public health risks, toxic air
contaminants, or criteria air pollutants as compared to
existing biomass controlled combustion technology;
c) Is not designed to produce hazardous waste as a
byproduct of the technology; and,
d) Complies with the Health and Safety Code Section
25143.5, relating to biomass conversion ash.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has increased costs to CalRecycle in the
$160,000 range for rulemaking and enforcement.
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COMMENTS : 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.
Dwindling landfill capacity and the infeasibility of siting and
permitting new disposal sites have created a significant demand
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for alternative management options for municipal solid waste,
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 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 both refer to the biological
decomposition of organic material. Anaerobic digestion 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.
CalRecycle is tasked with diverting at least 75% 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% of disposal.
CalRecycle is also charged with implementing its Strategic
Directive 6.1, which calls for reducing organic waste disposal
by 50% by 2020. According to CalRecycle, significant gains in
organic waste diversion are necessary to meet the 75% 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
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
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by allowing water to penetrate the soil more quickly and
decreasing runoff.
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.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0002626