BILL ANALYSIS Ó SB 970 Page 1 Date of Hearing: August 10, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 970 (Leyva) - As Amended June 29, 2016 ----------------------------------------------------------------- |Policy |Natural Resources |Vote:|8 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill requires CalRecycle to consider various factors when awarding grants for organic waste projects funded with AB 32 cap-and-trade revenues (Greenhouse Gas Reduction Fund) and authorizes CalRecycle to provide larger grant awards for large-scale regional projects. Specifically, this bill: 1)Requires CalReycle to consider the following factors when awarding grants for organic composting or anaerobic digestion projects to reduce greenhouse gas (GHG) emissions using Greenhouse Gas Reduction Funds (GGRF): SB 970 Page 2 a) The potential amount of GHG emissions. b) The potential amount of organic material that may be diverted from landfills. c) If, and how, the project may benefit disadvantaged communities and leverage existing wastewater treatment infrastructure. d) If, and how, (for anaerobic digestion projects) the project maximizes resource recovery, including the production of clean energy or low-carbon or carbon negative transportation fuels. e) Project readiness and potential permitting requirements. f) Potential air and water quality benefits. 1)Authorizes CalRecyle, to the degree 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. FISCAL EFFECT: No additional state costs. According to CalRecycle, this bill codifies criteria that are already part of grant award consideration for anaerobic digestion and composting projects. Further, CalRecycle contends they have the ability to award SB 970 Page 3 larger grants for large-scale projects under current law. COMMENTS: 1)Purpose. According to the author, this bill will help the state meet multiple environmental goals as organics are diverted from landfills and methane is recovered and repurposed as clean energy and fuels. 2)Background. CalRecycle is tasked with diverting at least 75% of solid waste statewide by 2020. Organic materials make up one-third of the waste stream and food continues to be the greatest single item disposed, making up over 15% of materials in landfills. CalRecycle is also charged with implementing its Strategic Directive 6.1, which calls for reducing organic waste disposal by 50% by 2020. According to CalRecycle, significant gains in organic waste diversion are necessary to meet the 75% goal and to implement Strategic Directive 6.1. Recycling technologies for organic waste include composting, anaerobic digestion, and other types of processing that generate renewable fuels, energy, soil amendments (organic matter added to soil to improve composition), and mulch. Recycling provides significant GHG emissions reductions over landfilling. Composting and other organics processing technologies, including anaerobic digestion, reduce GHGs by avoiding the emissions that would be generated by SB 970 Page 4 decomposition. Landfill gas is generated by the decomposition of organic materials such as food, paper, wood, and yard waste. Fifty percent of landfill gas is methane. While most landfills have systems to capture methane, significant amounts continue to escape into the atmosphere. Methane does not linger in the atmosphere as long as CO2, but is over 80 times more potent over the first 20 years. 2)GGRF. The California Global Warming Solutions Act of 2006 (AB 32, Chapter 488, Statutes of 2006) required ARB to adopt a statewide greenhouse gas (GHG) emissions limit equivalent to 1990 levels by 2020 and adopt regulations to achieve maximum technologically feasible and cost-effective GHG emission reductions. As part of its AB 32 implementation, ARB adopted a cap-and-trade program for which the proceeds from the auction or sale of GHG allowances are deposited in the GGRF and available for appropriation by the Legislature. To date, cap-and-trade auction revenues have generated over $4 billion. However, the most recent auction, held last month, generated just over $10 million, much less than expected. The previous auction (February, 2016) generated over $500 million. The Governor proposed spending over $3 billion GGRF for a variety of programs and projects in the transportation, energy, natural resources, and waste diversion sectors in the 2016-17 budget. This included $100 million for CalRecycle's California Climate Investments (CCI) program to implement the goals of AB 32 through the increased in-state diversion of municipal solid waste through waste reduction, diversion, and reuse. However, the Legislature did not act upon these items. SB 970 Page 5 According to the Assembly Budget Committee, due to lower-than-expected auction revenues, decisions on cap-and-trade funding were deferred until after June 15, 2016. Although CalRecycle does not currently have CCI funding available for grants, previously approved funding for the CCI loan program is available and CalRecycle is currently accepting 2015-16 loan applications. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081