BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 804|
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UNFINISHED BUSINESS
Bill No: SB 804
Author: Lara (D)
Amended: 9/11/13
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-1, 5/1/13
AYES: Hill, Gaines, Calderon, Corbett, Jackson, Leno
NOES: Fuller
NO VOTE RECORDED: Hancock, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 32-7, 5/29/13
AYES: Beall, Block, Calderon, Cannella, Corbett, Correa, De
León, DeSaulnier, Emmerson, Evans, Gaines, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Lieu, Liu,
Monning, Padilla, Pavley, Price, Roth, Steinberg, Torres,
Wolk, Wright, Yee
NOES: Anderson, Berryhill, Fuller, Knight, Nielsen, Walters,
Wyland
NO VOTE RECORDED: Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Solid waste: energy
SOURCE : California State Association of Counties
County of Los Angeles
DIGEST : This bill specifies that conversion technologies that
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use specified biomass feedstock are included in the definition
of "biomass conversion" for purposes of the Integrated Waste
Management Act (IWMA).
Assembly Amendments (1) specify that "biomass conversion
technology" does not include biomass controlled combustion; (2)
delete the definition of composting; (3) specify that biomass
conversion technology facilities must be more protective than
existing biomass controlled combustion technology and is
designed to cause no net increase in toxic air contaminants or
criteria air pollutants; (4) require 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; (5)
require the Department of Resource Recycle and Recovery
(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; (6) require a biomass conversion technology facility to
submit specified documents to the city or county, including a
city and county, with land use permitting authority over the
proposed facility that demonstrate the design and operation of
the facility; and (7) make other clarifying and technical
changes.
ANALYSIS :
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.
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 CalRecycle, consistent with its existing
authority 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."
1. 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.
2. 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.
3. Requires the applicant for a biomass conversion technology
facility to demonstrate to the local land use permitting
agency that the technology to be used:
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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.
1. Requires a biomass conversion technology facility to submit
specified documents to the city or county, including a city
and county, with land use permitting authority over the
proposed facility that demonstrate the design and operation
of the facility.
Background
Conversion technologies . According to CalRecycle, conversion
technologies are processes that can convert organic materials
into usable forms of energy including heat, steam, electricity,
natural gas, and liquid fuels. Conversion technologies are
grouped into three primary classes: thermochemical,
biochemical, and physiochemical.
Thermochemical conversion processes include combustion,
gasification, and pyrolysis. Thermochemical conversion is
characterized by higher temperatures and faster conversion
rates. It is best suited for lower moisture feedstock.
Thermochemical routes can convert all of the organic portion of
suitable feedstock. The inorganic fraction of a feedstock does
not contribute to the energy products produced, but may result
in fouling of high temperature equipment. Inorganic
constituents may also accelerate some of the conversion
reactions.
Biochemical conversion processes include aerobic conversion
(i.e., composting), anaerobic digestion (AD) (which occurs in
landfills and controlled reactors or digesters), and anaerobic
fermentation (for example, the conversion of sugars from
cellulose to ethanol). Biochemical conversion proceeds at lower
temperatures and lower reaction rates. Higher moisture
feedstocks are generally good candidates for biochemical
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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 feedstock exits the process as a
residue that may or may not have market value. The residue
called digestate can be composted.
Physiochemical conversion involves the physical and chemical
synthesis of products from feedstock (for example, biodiesel
from waste fats, oils, and grease-known as FOG) and is primarily
associated with the transformation of fresh or used vegetable
oils, animal fats, greases, tallow, and other suitable feedstock
into liquid fuels or biodiesel.
The definition of transformation in existing law captures many
thermochemical, biochemical and physiochemical conversion
technologies, except those processes which are specifically
excluded, namely composting, gasification and biomass
conversion. Under existing law, only 10% of solid waste that
undergoes transformation may count as diversion, for purposes of
compliance by local governments with the 50% solid waste
diversion mandate. Biomass conversion, currently defined as the
controlled combustion of specified biomass feedstock when
separated from municipal solid waste (MSW), is excluded from the
definition of transformation, and is not counted as disposal.
Composting and AD . Both composting and AD refer to the
biological decomposition of organic material. AD 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. AD occurs in manure lagoons (covered or
not), controlled reactors, or digesters and is the principal
process occurring in landfills. In contrast, composting is an
aerobic process, using oxygen, primarily used to produce
nutrient rich soil.
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
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handling or disposal activity. Transformation facilities,
including incineration and pyrolysis, use 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 existing law lacks
a definition for AD, concerns have been raised that AD could
fall under the definition of high-heat technologies commonly
identified with transformation, making such facilities more
difficult to permit in the state.
An organic (and, therefore compostable) feedstock is used for
AD, and for that reason, AD facilities do not pose the same
hazards as transformation facilities handling MSW.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, this bill is
likely to increase costs to CalRecycle in the $160,000 range for
rulemaking and enforcement.
SUPPORT : (Verified 9/12/13)
California State Association of Counties (co-source)
County of Los Angeles (co-source)
City of Torrance
County of Ventura
Environmental Problem Solving Enterprise
North Valley Coalition of Concerned Citizens, Inc.
Salinas Valley Solid Waste Authority
OPPOSITION : (Verified 9/12/13)
Global Alliance for Incinerator Alternatives
Greenaction for Health and Environmental Justice
Sierra Club California
ARGUMENTS IN SUPPORT : According to the author, "Existing
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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
AD facilities should be permitted. This hampers the state's
goals of diverting additional organic materials from disposal."
RM:nek 9/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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