Amended in Senate March 28, 2016

Senate Bill No. 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 would begin delete require, by June 1, 2017, end delete begin insert require end 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 pilot begin insert demonstration end insert program begin delete that encourages end delete begin insert to award matching grant funding for end insert cost effective and efficient integrated organic food waste diversion begin delete projects. end delete begin 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:

SECTION 1.  

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

SEC. 2.  

The Legislature finds and declares all of the following:

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

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

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

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

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

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

begin delete

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

end delete begin insert

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

end insert begin insert

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

end insert begin delete

(h)

end delete

begin insert (i) end insert  Significant efforts to divert organic materials from begin delete landfills
and end delete begin insert landfills, end insert reduce methane begin delete emissions end delete begin insert emissions, end insert and begin delete develop end delete begin insert end insert
begin insert create clean energy, including end insert low or negative carbon
transportation begin delete fuels end delete begin insert fuels, end insert should be encouraged by state policies.

begin delete

(i)

end delete

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

SEC. 3.  

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

begin delete

42649.88.  

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

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

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

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

(d) Effective use of public-private partnerships.

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

(f) Local job creation.

end delete

begin insert

begin insert 42649.88. end insert   

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert