BILL NUMBER: SB 624	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Romero

                        FEBRUARY 27, 2009

    An act to amend Section 49120 of the Public Resources
Code, relating   An act to amend Sections 40116 and
40201 of, and to add Section 40103 to, the Public Resources Code,
relating  to solid waste.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 624, as amended, Romero. Solid waste  : garbage and
refuse disposal districts: governing board membership.  
: anaerobic digestion.  
   The California Integrated Waste Management Act of 1989 establishes
an integrated waste management program administered by the
California Integrated Waste Management Board that requires each city,
county, and regional agency, if any, to develop a source reduction
and recycling element of an integrated waste management plan, which
is required to divert 50% of the solid waste subject to the element
from landfill disposal or transformation, through source reduction,
recycling, and composting activities. The act allows the source
reduction and recycling element to include not more than 10%
diversion through transformation, as defined. The act defines the
term "compost" for the purposes of the act as the product resulting
from the controlled biological decomposition of organic wastes that
are source separated from the municipal solid waste stream, or which
are separated at a centralized facility. The act defines the term
"transformation" as meaning incineration, pyrolysis, distillation, or
biological conversion, and excludes composting, gasification, or
biomass conversion from that definition.  
   This bill would define the term "anaerobic digestion" for purposes
of the act. The bill would additionally define the term "composting
operation" or "composting facility" as an operation or facility that
produces compost, including, but not limited to, an entity that
produces compost either aerobically or nonaerobically and an
operation or facility that utilizes anaerobic digestion. The bill
would revise the definition of the term "transformation" to exclude
anaerobic digestion.  
   Existing law authorizes the formation of garbage and refuse
disposal districts under certain conditions, including that if the
district includes 2 or more cities that the legislative body of each
city within the district appoint one member to the governing board to
represent each incorporated city.  
   This bill would remove the requirement that the city represented
in this provision be incorporated. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 40103 is added to the 
 Public Resources Code   , to read:  
   40103.  "Anaerobic digestion" means a process using the bacterial
breakdown of compostable organic material that meets all of the
following conditions:
   (a) The process involves the natural biodegradation of organic
materials in the absence of oxygen.
   (b) The temperature during the process does not exceed 140 degrees
Fahrenheit in an engineered and controlled environment. 
   SEC. 2.    Section 40116 of the   Public
Resources Code   is amended to read: 
   40116.   (a)    "Compost" means the product
resulting from the controlled biological decomposition of organic
wastes that are source separated from the municipal solid waste
stream, or  which   that  are separated at
a centralized facility. "Compost" includes vegetable, yard, and wood
wastes  which   that  are not hazardous
waste. 
   (b) "Composting operation" or "composting facility" means an
operation or facility that produces compost, including, but not
limited to, an entity that produces compost either aerobically or
nonaerobically and an operation or facility that utilizes anaerobic
digestion. 
   SEC. 3.    Section 40201 of the   Public
Resources Code   is amended to read: 
   40201.  "Transformation" means incineration, pyrolysis,
distillation, or biological conversion other than composting.
"Transformation" does not include composting,  anaerobic
digestion,  gasification, or biomass conversion. 
  SECTION 1.    Section 49120 of the Public
Resources Code is amended to read:
   49120.  (a) Within 30 days after the filing with the Secretary of
State of the certified copy of the order of formation, a governing
board of trustees for the district shall be appointed.
   (b) The governing board of a district is a board of directors of
not less than three members. The district board shall be appointed as
follows:
   (1) If the district includes only one city, two members of the
governing body shall be selected by the board of supervisors and one
member of the governing body shall be selected by the city council.
   (2) If the district includes two or more cities, only one member
of the governing body of the district shall be selected by the board
of supervisors to represent the unincorporated area. The legislative
body of each city within the district shall appoint one member to
represent each city within the district. If the selection of members
pursuant to this subdivision results in the governing body having an
even number of members, those members may appoint an additional
member from the district at large.
   (c) A vacancy shall be filled in the same manner as an original
appointment. The person appointed shall reside within the area he or
she represents.