BILL ANALYSIS Ó
SB 804
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Date of Hearing: September 10, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SB 804 (Lara) - As Amended: September 9, 2013
SENATE VOTE : 32-7
SUBJECT : Biomass
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" as a facility
that uses a conversion technology capable of converting
biomass into marketable products and fuels through
noncombustion thermal, chemical, or biological processes.
Specifies that a 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 (e.g., air quality
management districts and air pollution control districts)
that a local agency sending biomass to the facility is in
compliance with the IWMA; and,
b) Allow Department of Resource Recycling and Recovery
(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 CalRecycle to notify the air district 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.
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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.
6)Requires the applicant for a biomass conversion technology
facility to demonstrate to the local land use permitting
agency that the technology to be used:
a) Is designed to cause no net increase in toxic air
contaminants or criteria air pollutants when compared to
existing biomass controlled combustion technology;
b) Is not designed to produce hazardous waste as a
byproduct of the technology; and,
c) Complies with a state law relating to biomass conversion
ash.
EXISTING LAW :
1)Requires cities and counties to divert 50% of the solid waste
disposed 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, the bill is likely to increase costs to CalRecycle in
the $160,000 range for rulemaking and enforcement.
COMMENTS :
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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 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 particulate matter, sulphur oxides and nitrogen oxides or
other emissions. NSR may also require the use of emission
reduction credits (ERCs). In addition, federal rules that
govern the permitting of new or modified facilities may apply.
The primary green house gas (GHG) emitted from biomass
conversion plants is carbon dioxide, which is not controlled.
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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
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)Arguments in Support . Support for this bill comes from local
government including Ventura County who stated: "SB 804
redefines the term "biomass conversion" to include other
conversion?. 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
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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."
5)Arguments in Opposition . Opposition to this bill from
environmentalists raise 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."
6)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 on the Senate Inactive File.
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 on
the Assembly Floor awaiting Concurrence in Senate
amendments.
7)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)
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California State Association of Counties (sponsor)
City of Torrance
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
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965