BILL ANALYSIS �
AB 1126
Page 1
ASSEMBLY THIRD READING
AB 1126 (Gordon and Mullin)
As Amended May 8, 2013
Majority vote
NATURAL RESOURCES 9-0 APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Chesbro, Grove, Bigelow, |Ayes:|Gatto, Harkey, Bigelow, |
| |Garcia, Muratsuchi, | |Bocanegra, Bradford, Ian |
| |Patterson, Skinner, | |Calderon, Campos, |
| |Stone, Williams | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
| | | | |
-----------------------------------------------------------------
SUMMARY : Establishes regulatory standards for facilities that
convert municipal solid waste (MSW) for energy generation.
Specifically, this bill:
1)Defines terms used in the bill, including:
a) "MSW conversion" means the conversion of solid waste
through a process that meets the following requirements:
i) The waste to be converted is beneficial and
effective in that it replaces or supplements the use of
fossil fuels or other standard commercial fuels.
ii) The waste to be converted, the resulting ash, and
any other products of conversion do not meet the criteria
or guidelines for the identification of a hazardous
waste;
iii) The conversion is efficient and maximizes the net
calorific value and burn rate of the waste;
iv) The waste to be processed contains less than 25%
moisture and less than 10% noncombustible waste;
v) The waste to be processed at the facility is handled
in compliance with the requirements for handling solid
waste; and,
AB 1126
Page 2
vi) No more than 500 tons of waste per day is converted.
b) "MSW conversion facility" (conversion facility) as a
facility that converts the materials that meet the
definition above.
c) Specifies that "solid waste disposal" includes processed
MSW conversion.
d) Specifies that "solid waste facility" includes a
conversion facility.
e) Specifies that "transformation" does not include MSW
conversion.
2)Requires that a county's countywide siting element include a
description of the areas to be used for MSW conversion
facilities, but does not require MSW conversion facilities to
be approved by the "majority of the majority" of local
governments located within the county.
3)Specifies that tires and biomass processed by conversion
facilities are not considered disposal under the Integrated
Waste Management Act (Act).
EXISTING LAW establishes the Act, which is administered by the
Department of Resources Recycling and Recovery (CalRecycle).
Under the Act:
1)Requires each county, city, and regional agency, if any, to
divert 50% of solid waste disposed by their jurisdictions from
landfill disposal.
2)Establishes a state policy goal that 75% of solid waste
generated be diverted from landfill disposal by 2020.
3)Allows the 50% diversion requirement to include up to 10
percent through transformation (i.e., combustion).
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has minor and absorbable costs to
CalRecycle to permit MSW conversion facilities.
AB 1126
Page 3
COMMENTS : The term "conversion technologies" generally refers
to a variety of technologies that process solid waste through
chemical, biological, or other "non-combustion" thermal
technologies to produce energy or renewable fuels. These
technologies create energy using three main processes:
thermochemical, biochemical, and physicochemical.
Thermochemical conversion processes include high-heat
technologies like gasification and pyrolysis. Thermochemical
conversion is characterized by higher temperatures and faster
conversion rates. It is best suited for lower moisture
feedstocks. Thermochemical routes can convert the entire
organic portion of suitable feedstocks. The inorganic fraction
(ash) does not contribute to the energy products and may
contribute to fouling of high temperature equipment and
increased nutrient loading in wastewater treatment and disposal
facilities. Generally the ash must be disposed. Inorganic
constituents may also accelerate some of the conversion
reactions. Under current law, pyrolysis is considered
transformation, while gasification is explicitly excluded from
the definition of transformation.
Biochemical conversion processes include aerobic conversion
(i.e., composting), anaerobic digestion, which is currently
regulated as composting, and anaerobic fermentation (for
example, the conversion of sugars from cellulose to ethanol).
Biochemical conversion processes use lower temperatures and
lower reaction rates. Higher moisture feedstocks are generally
good candidates for biochemical processes. The lignin fraction
of biomass cannot be converted by anaerobic biochemical means
and only very slowly through aerobic decomposition. As a
consequence, a significant fraction of woody and some other
fibrous feedstocks exits the process as a residue that may or
may not have market value as a soil amendment. The residue can
be composted.
Physiochemical conversion involves the physical and chemical
synthesis of products from feedstocks (for example, biodiesel
from waste fats, oils, and grease) and is primarily associated
with the transformation of fresh or used vegetable oils, animal
fats, greases, tallow, and other suitable feedstocks into liquid
fuels or biodiesel.
Dwindling landfill capacity and the infeasibility of siting and
AB 1126
Page 4
permitting new disposal sites have created a significant demand
for alternative management options for MSW, especially in the
Los Angeles area. However, significant regulatory barriers
exist for the development of these technologies in California,
including the lack of guidance on how these facilities could be
permitted by CalRecycle.
According to the author, the intent of this bill is to establish
a clear permitting pathway for conversation facilities that
process MSW in a manner that provides a reasonable approach
commensurate with the potential risk to public health and
safety. This bill would allow MSW to be converted for energy
generation, which would offset the need for traditional fossil
fuels. The author states that by reducing the use of fossil
fuels and moving the material away from landfills, this bill
would help California achieve its greenhouse gas reduction
goals.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0000760