Amended in Senate March 28, 2016

Senate BillNo. 970


Introduced by Senator Leyva

February 8, 2016


An act to add Section 42649.88 to the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 970, as amended, Leyva. Organic food waste diversion.

Existing law requires the Department of Resources Recycling and Recovery to identify and recommend actions to address permitting and siting challenges and to encourage the continued viability of the state’s organic waste processing and recycling infrastructure, in partnership with the California Environmental Protection Agency and other specified state and regional agencies. Existing law requires the department to cooperate with local jurisdictions and industry to provide assistance for increasing the feasibility of organic waste recycling and to identify certain state financing mechanisms and state funding incentives and post this information on its Internet Web site.

This bill wouldbegin delete require, by June 1, 2017,end deletebegin insert requireend insert the department, in consultation with the State Air Resources Board and the State Energy Resources Conservation and Development Commission,begin insert by June 1, 2017,end insert to develop a pilotbegin insert demonstrationend insert programbegin delete that encouragesend deletebegin insert to award matching grant funding forend insert cost effective and efficient integrated organic food waste diversionbegin delete projects.end deletebegin insert projects at existing wastewater treatment facilities, as provided.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

This act shall be known, and may be cited, as the
2Regional Integrated Organics Diversion and Beneficial Utilization
3Act.

4

SEC. 2.  

The Legislature finds and declares all of the following:

5(a) The California Global Warming Solutions Act of 2006
6(Division 25.5 (commencing with Section 38500) of the Health
7and Safety Code) establishes a policy to reduce emissions of
8greenhouse gases to 1990 levels by 2020 and to continue those
9reductions of greenhouse gases beyond 2020.

10(b) The critical role that short-lived climate pollutants (SLCPs)
11must play in the state’s climate efforts is recognized in Chapter
124.2 (commencing with Section 39730) of Part 2 of Division 26 of
13the Health and Safety Code, which requires the State Air Resources
14Board to develop a strategy to reduce the emissions of SLCPs.

15(c) California must achieve deep reductions in the emissions of
16SLCPs by 2030 to meet potential or actual future greenhouse gas
17emissions targets and air quality goals.

18(d) Intensified state and global action to reduce the emissions
19of SLCPs is the only way to immediately slow global warming
20and manage the damaging effects of climate change.

21(e) California has clear goals to reduce waste and to divert
22organic materials from landfills and put them to beneficial use.
23The state has a target to reduce landfilling of solid waste by 75
24percent by 2020.

25(f) Organic waste constitutes more than one-third of California’s
26waste stream. Food waste alone accounts for about five million
27tons of landfilled organics each year.

begin delete

28(g) Efforts to divert organics from landfills and develop
29infrastructure that makes best use of the material are key elements
30of an integrated strategy.

end delete
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31
(g) Conservative estimates suggest that publicly owned
32wastewater treatment agencies have existing capacity to codigest
33up to 75 percent or more of the food waste currently being
34landfilled.

end insert
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35
(h) The diversion of food waste, fats, oils, and grease from
36landfills by using existing infrastructure and facilities at
37wastewater treatment agencies is recognized by the State Air
38Resources Board as an effective and cost-efficient strategy to
P3    1maximize the resource recovery of the organic waste. Using
2existing facilities also ensures projects can be sited, permitted,
3and constructed in a timely fashion to meet the state’s ambitious
4waste diversion goals.

end insert
begin delete

5(h)

end delete

6begin insert(i)end insert Significant efforts to divert organic materials frombegin delete landfills
7andend delete
begin insert landfills,end insert reduce methanebegin delete emissionsend deletebegin insert emissions,end insert andbegin delete developend deletebegin insert end insert
8begin insert create clean energy, includingend insert low or negative carbon
9transportationbegin delete fuelsend deletebegin insert fuels,end insert should be encouraged by state policies.

begin delete

10(i)

end delete

11begin insert(j)end insert As future clean energy investments are planned and
12implemented, state officials should ensure targeted investment,
13regional cooperation, and public-private partnerships are utilized
14begin insert at existing wastewater agenciesend insert to maximize the state’s organics
15diversion efforts and achieve cost effective and environmentally
16beneficial reductions in the emissions of greenhouse gases.

17

SEC. 3.  

Section 42649.88 is added to the Public Resources
18Code
, to read:

begin delete
19

42649.88.  

By June 1, 2017, the department, in consultation
20with the State Air Resources Board and the State Energy Resources
21Conservation and Development Commission, shall develop a pilot
22program that encourages cost-effective and efficient integrated
23organic food waste diversion projects. The pilot program shall
24give priority to projects that are based on regional cooperation and
25provide the following benefits:

26(a) Cost-effective utilization of existing anaerobic digestion
27capacity at public wastewater agencies.

28(b) Making the best use of diverted organics, including the
29production of low or negative carbon transportation fuels.

30(c) Direct or indirect reduction in the emissions of criteria air
31pollutants.

32(d) Effective use of public-private partnerships.

33(e) Environmental benefits for disadvantaged communities, as
34identified pursuant to Section 39711 of the Health and Safety Code.

35(f) Local job creation.

end delete
36begin insert

begin insert42649.88.end insert  

end insert
begin insert

(a) No later than June 1, 2017, the department, in
37consultation with the State Air Resources Board and the State
38Water Resources Control Board, shall develop a pilot
39demonstration program to provide matching grant funds for cost
40effective and efficient regional integrated food waste diversion
P4    1projects at existing wastewater treatment facilities. The pilot
2demonstration program shall give priority to projects that provide
3the following benefits:

end insert
begin insert

4
(1) Maximize food waste diversion in a cost-effective manner
5that uses existing facilities and infrastructure.

end insert
begin insert

6
(2) Maximize resource recovery of diverted waste, including
7the production of clean energy, or low or negative carbon
8transportation fuels.

end insert
begin insert

9
(3) Maximize regional cooperation among publicly owned
10wastewater treatment agencies, cities or counties, waste haulers,
11landfill operators, and other relevant regional entities.

end insert
begin insert

12
(4) Demonstrate effective and efficient organics management
13 strategies that can be duplicated throughout the state.

end insert
begin insert

14
(b) Projects funded pursuant to the program shall be located
15at existing wastewater treatment facilities in California and result
16in all of the following:

end insert
begin insert

17
(1) Permanent, annual, measurable, and verifiable reductions
18in the emissions of greenhouse gases from the diversion of food
19waste through avoidance of methane release at landfill and capture
20and use of methane at wastewater treatment facilities.

end insert
begin insert

21
(2) Permanent, annual, measurable, and verifiable increases
22in the quantity of food waste diverted from landfills to digestion
23or composting.

end insert
begin insert

24
(3) Permanent, annual, measurable, and verifiable
25environmental benefits for disadvantaged communities, as
26identified pursuant to Section 39711 of the Health and Safety Code.

end insert
begin insert

27
(c) (1) The department shall give priority to projects with
28minimal siting and permitting requirements.

end insert
begin insert

29
(2) In awarding grants pursuant to the program, the department
30shall seek to maximize the reduction in the emissions of greenhouse
31gases achieved by a project for each grant dollar awarded.

end insert
begin insert

32
(d) (1) Projects eligible for matching grant funds pursuant to
33the program include, but are not limited to, the modification,
34renovation, or expansion of existing wastewater treatment facilities
35to accept and process food waste streams.

end insert
begin insert

36
(2) The department shall identify three to five regional projects
37for matching grant funds pursuant to the program. The department,
38upon appropriation by the Legislature, may expend moneys from
39the Greenhouse Gas Reduction Fund established pursuant to
P5    1Section 16428.8 of the Government Code for awarding grants
2pursuant to the program.

end insert
begin insert

3
(3) The department may award matching funds of up to ten
4million dollars ($10,000,000) for each project. The amount
5awarded shall not exceed 50 percent of the project cost.

end insert


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