BILL ANALYSIS                                                                                                                                                                                                    



                                                                SB 624
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2008-2010 Regular Session
                                           
           BILL NO:    SB 624
           AUTHOR:     Romero
           AMENDED:    April 13, 2009
           FISCAL:     Yes               HEARING DATE:     April 27, 2008
           URGENCY:    No                CONSULTANT:       Caroll  
           Mortensen
            
           SUBJECT  :    SOLID WASTE:  ANAEROBIC DIGESTION

            SUMMARY  :    
           
            Existing law  , under the California Integrated Waste Management  
           Act of 1989:

           1)Requires each city or county source reduction and recycling  
             element to include an implementation schedule that shows a  
             city or county must divert 25% of solid waste from landfill  
             disposal or transformation by January 1, 1995, through  
             source reduction, recycling, and composting activities, and  
             must divert 50% of solid waste on and after January 1, 2000.

           2)Defines "compost" 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. 

           3)Defines the term "transformation" as meaning incineration,  
             pyrolysis, distillation, or biological conversion, and  
             excludes composting, gasification, or biomass conversion  
             from that definition.

            This bill  :

           1)Defines "anaerobic digestion" (AD) as a process of bacterial  
             breakdown or organic materials that involves the natural  
             biodegradation in the absence of oxygen and does not exceed  
             a temperature of 140 degrees Fahrenheit.

           2)Defines "composting operation" or "composting facility" to  









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             mean a operation or facility that produces compost,  
             including but limited to an entity that produces compost  
             either aerobically or nonaerobically and an operation or  
             facility the utilizes AD.

           3)Clarifies that "AD" is not a transformation technology.

            COMMENTS  :

            1)Purpose of Bill  .  According to the author,  there is a need  
             to clarify the definition of both AD and composting  
             operations, to make clear that the former involves a natural  
             process of decomposition absent any oxygen, and to make  
             clear that the latter include facilities that can produce  
             compost either aerobically (with oxygen) and anaerobically  
             (without).  As additional facilities of this type come  
             online, there is a need for the state to clearly establish  
             guidelines on the range of their activities to ensure that  
             our environment is adequately protected.

            2)Background  .  This bill updates the Integrated Waste  
             Management Board's (IWMB) framework for regulating  
             composting facilities to acknowledge the AD process for  
             producing compost.  This bill also specifies that  
             "transformation," the process of burning or heating solid  
             waste to reduce its volume, does not include AD.  SB 624  
             clarifies that AD is a composting technology and is not  
             transformation (burning of waste).

             Composting is regulated by the IWMB as one of the options  
             available for reducing the volume of solid waste disposed of  
             in landfills and reducing the emissions of landfill gases.   
             AD is a composting system that employs microorganisms to  
             break down biodegradable material in the absence of oxygen  
             to reduce its volume and mass.  The process produces methane  
             and carbon dioxide rich biogas in a controlled environment  
             that is captured and can be used for energy and the solids  
             remaining after digestion can be used as a fertilizer.  AD  
             is a low-heat technology with optimum temperatures  
             maintained in the range of 95 to 105 degrees Fahrenheit and  
             no higher than 140 degrees Fahrenheit.  When used as a solid  
             waste management technique, AD diverts organic solid wastes  
             such as paper and cardboard, yard trimmings, and food waste  









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             from landfill disposal to assist local governments in  
             reaching their diversion mandates with the added benefit of  
             energy and fertilizer production. 

            3)Solid Waste and Biomass Facilities  .  The IWMB regulates  
             facilities, including composting facilities that manage  
             municipal solid waste.  AD is a technique used by a wide  
             range of other facilities that utilize waste streams that  
             are not normally disposed in a solid waste landfill such as  
             agriculture and forestry wastes.  These facilities are not  
             regulated by the IWMB.  Farms, dairies, wood and paper mill  
             facilities often utilize AD as a pollution prevention and  
             energy production strategy.  Thus, AD is a widely used  
             technique not exclusive to the management of municipal solid  
             waste.  AD, while more capital intensive than traditional  
             composting, has the added benefit of a controlled  
             environment that limits water and/or leachate run-off and  
             increases control of air emissions that cause pollution  
             (including greenhouse gasses) and odors.

            SOURCE  :        Senator Romero  

           SUPPORT  :       None on File  

           OPPOSITION  :    None on file