BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 624
          Author:   Romero (D)
          Amended:  4/13/09
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  7-0, 4/27/09
          AYES:  Simitian, Runner, Ashburn, Corbett, Hancock,  
            Lowenthal, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Solid waste:  anaerobic digestion

           SOURCE  :     Author


           DIGEST  :    This bill (1) defines the term anaerobic  
          digestion" for purposes of the California Integrated Waste  
          Management Act of 1989, ((2) defines 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, and (3) revises the definition of the  
          term "transformation" to exclude anaerobic digestion.

           ANALYSIS  :    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  
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            that shows a city or county must diver 25 percent 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  
            mean 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 utilized AD.

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

           Comments

           According to the author's office, 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.
           







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           This bill updates the California Integrated Waste  
          Management Boards (CIWMBs) 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.  This bill  
          clarifies that AD is a composting technology and is not  
          transformation (burning of waste).
           
           Composting is regulated by the CIWMB as one of the options  
          available for reducing the volume of solid waste disposed  
          of in landfills and reducing the emissions of landfill  
          gasses.  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 50 105  
          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 from landfill  
          disposal to assist local governments in reaching their  
          diversion mandates with the added benefit of energy and  
          fertilizer production.
           
          Solid Waste and Biomass Facilities  .  The CIWMB 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 CIWMB.  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.  
           







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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          TSM:cm  5/12/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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