BILL ANALYSIS Ó
SB 804
Page 1
SENATE THIRD READING
SB 804 (Lara)
As Amended September 11, 2013
Majority vote
SENATE VOTE :32-7
ENVIRONMENTAL SAFETY 4-1
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|Ayes:|Alejo, Bloom, Lowenthal, | | |
| |Ting | | |
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|-----+--------------------------+-----+--------------------------|
|Nays:|Stone | | |
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SUMMARY : Specifies that conversion technologies that use
specified biomass feedstock 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 its existing authority to
inspect the facility to ensure that the facility is only
processing biomass that meets the local certification
SB 804
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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.
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 at the end of
the production process, unless the hazardous waste is
treated at the facility to render it nonhazardous; and,
c) Complies with state waste management law and specific
applicable standards 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.
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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 :
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 megawatts. 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.
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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 greenhouse gas 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 included 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
wood-to-energy biomass facility at the Eastern Regional
Materials Recovery Facility and Transfer Station that would
use a gasification technology.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0002792