Amended in Assembly June 29, 2016

Amended in Assembly June 20, 2016

Amended in Senate May 10, 2016

Amended in Senate April 25, 2016

Amended in Senate March 28, 2016

Senate BillNo. 970


Introduced by Senator Leyva

February 8, 2016


An act to amend Section 42999 of the Public Resources Code, relating to greenhouse gases.

LEGISLATIVE COUNSEL’S DIGEST

SB 970, as amended, Leyva. Greenhouse Gas Reduction Fund: grant program: recyclable materials.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature.

Existing law requires certain moneys appropriated by the Legislature from the Greenhouse Gas Reduction Fund to be used by the Department of Resources Recycling and Recovery for a grant program to provide financial assistance to reduce greenhouse gas emissions by promoting in-state development of infrastructure to process organic and other recyclable materials into new, value-added products.

This bill would require the department, in awarding a grant for organics composting or anaerobic digestion under the program, to consider, among other things, the amount of greenhouse gas emissions reductions that may result from the project and the amount of organic material that may be diverted from landfills as a result of the project. This bill would also permit the department, to the degree that funds are available, to provide larger grant awards for large-scale regional integrated projects that provide cost-effective organic waste diversion and maximize environmental benefits.

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.  

The Legislature finds and declares the following:

2(a) Organic waste diversion policies in California should
3encourage and incentivize regional integrated projects that
4maximize the efficient diversion of landfill waste, achieve
5cost-effective reductions in emissions of greenhouse gases, and
6maximize resource recovery and environmental benefits through
7the creation of clean energy and low-carbon transportation fuels.

8(b) According to the California Air Resources Board, leveraging
9existing excess capacity at California’s waste treatment facilities
10can dramatically reduce the number of new facilities that may be
11required to handle diverted organic waste and help maximize the
12environmental and economic potential of organic waste diversion.

13

SEC. 2.  

Section 42999 of the Public Resources Code is
14amended to read:

15

42999.  

(a) Any additional funds appropriated by the
16Legislature from the Greenhouse Gas Reduction Fund, established
17pursuant to Section 16428.8 of the Government Code, to the
18department shall be used to administer a grant program to provide
19financial assistance to reduce greenhouse gas emissions by
20promoting in-state development of infrastructure to process
21organics and other recyclable materials into new, value-added
22products. The moneys shall be expended consistent with the
23requirements of Article 9.7 (commencing with Section 16428.8)
24of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government
P3    1Code and Chapter 4.1 (commencing with Section 39710) of Part
22 of Division 26 of the Health and Safety Code.

3(b) From moneys appropriated for purposes of this section, the
4department shall provide grants, incentive payments, contracts, or
5other funding mechanisms to public and private entities located
6in the state for any of the following:

7(1) Organics composting.

8(2) Anaerobic digestion.

9(3) Recyclable material manufacturing infrastructure projects
10or other related activities that reduce greenhouse gas emissions.

11(c) For purposes of this section, eligible infrastructure projects
12that reduce greenhouse gas emissions include, but are not limited
13to, any of the following:

14(1) Capital investments in new facilities and increased
15throughput at existing facilities for activities, such as converting
16windrow composting to aerated-static-pile composting to use food
17waste as feedstock.

18(2) Designing and constructing anaerobic digestion facilities to
19produce biofuels and bioenergy.

20(3) Designing and constructing facilities for processing
21recyclable materials.

22(d) In awarding a grant for organics composting or anaerobic
23digestion pursuant to this section, the department shall consider
24all of the following:

25(1) The amount of greenhouse gas emissions reductions that
26may result from the project.

27(2) The amount of organic material that may be diverted from
28landfills as a result of the project.

29(3) If, and how, the project may benefit disadvantaged
30communities.

begin delete

31(4) If, and how, the project leverages existing waste water
32treatment infrastructure.

end delete
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33(5) If,

end delete

34begin insert(4)end insertbegin insertend insertbegin insertFor a grant awarded for an anaerobic digestion project, if,end insert
35 and how, the project maximizes resource recovery, including the
36production of clean energy or low-carbon or carbon negative
37transportation fuels.

begin delete

38(6) If, and how, the project encourages and results in broad
39regional integrated solutions that maximize the environmental and
40economic potential of organic waste diversion.

end delete
begin delete

P4    1(7)

end delete

2begin insert(5)end insert Project readiness and permitting that the project may require.

begin delete

3(8)

end delete

4begin insert(6)end insert Air and water quality benefits that the project may provide.

5(e) To the degree that funds are available, the department may
6provide larger grant awards for large-scale regional integrated
7projects that provide cost-effective organic waste diversion and
8maximize environmental benefits.



O

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