BILL ANALYSIS �
SB 498
Page 1
Date of Hearing: June 16, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 498 (Lara) - As Amended: January 27, 2014
SENATE VOTE : 34-0
SUBJECT : Solid waste: biomass conversion
SUMMARY : Adds the production of fuels and the use of
non-combustion thermal conversion technologies to the definition
of "biomass conversion" for purposes of the Integrated Waste
Management Act (IWMA).
EXISTING LAW :
1)Requires each local jurisdiction to divert 50 percent of solid
waste from landfill disposal or transformation by January 1,
2000, through source reduction, recycling, and composting
activities.
2) Establishes a state policy goal that 75 percent of solid
waste generated in California be diverted from landfill
disposal through source reduction, recycling or composting by
2020.
3)Defines "biomass conversion" to mean the controlled
combustion, when separated from other solid waste and used for
producing electricity or heat, of specified biomass,
including, agricultural crop residues, bark, lawn, yard,
garden clippings, leaves, silvicultural residue, tree and
brush pruning, wood, wood chips, and wood waste and
non-recyclable pulp or non-recyclable paper materials.
4)Specifies that biomass conversion does not include the
controlled combustion of recyclable pulp or recyclable paper
materials, or materials that contain sewage sludge, industrial
sludge, medical waste, hazardous waste, or either high-level
or low-level radioactive waste.
5)Under California's Renewables Portfolio Standard (RPS),
requires retail sellers of electricity (investor owned
utilities, energy service providers, and community choice
aggregators) to achieve specified renewable energy targets:
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a) 20 percent on average from January 1, 2011 to December
31, 2013;
b) 25 percent by December 31, 2016; and,
c) 33 percent by December 31, 2020 and each year
thereafter.
6)Identifies the types of renewable energy that apply toward the
targets, including biodiesel, biomass, biomethane, fuel cells
using renewable fuels, geothermal, hydroelectric, municipal
solid waste, ocean wave, ocean thermal, solar, tidal current,
and wind, as specified.
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill has no state costs.
COMMENTS :
1)Conversion technology . The term "conversion technologies"
generally refers to a variety of technologies that process
material 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. These technologies produce ash that must be
disposed.
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
residues from these processes can be composted.
Physiochemical conversion involves the physical and chemical
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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.
2)Biomass conversion . Biomass conversion facilities use
controlled combustion of organic material separated from solid
waste to produce electricity or heat. Biomass includes
agricultural crop residues, bark, lawn, yard, garden
clippings, leaves, silvicultural residue, tree and brush
pruning, wood, wood chips, and wood waste and non-recyclable
pulp or non-recyclable paper materials.
3)Managing organic waste. CalRecycle is tasked with diverting
at least 75 percent of solid waste statewide by 2020.
Currently, organic materials make up one-third of the waste
stream and food continues to be the highest single item
disposed at over 15 percent of disposal. CalRecycle is also
charged with implementing its Strategic Directive 6.1, which
calls for reducing organic waste disposal by 50 percent by
2020. According to CalRecycle, significant gains in organic
waste diversion are necessary to meet the 75 percent goal and
implementing 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, and mulch. Compost and other soil
amendments that can be produced from organic materials have
been shown to improve soil health by incorporating organic
matter, beneficial micro-organisms, and nutrients and reduce
the need for chemical pesticides and fertilizers. These
products also conserve water by allowing water to penetrate
the soil more quickly and decreasing runoff.
4)Author's statement :
Existing California law defines "biomass conversion" as the
direct combustion of certain listed types of biomass
materials such as yard clippings, wood waste, and
agricultural residues. This definition excludes conversion
technologies that can more efficiently generate electricity
from those same biomass materials with lower air emissions.
SB 498 will help facilitate cleaner and more efficient
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technologies to develop in California for converting
organic waste to electricity and help the state reach its
75 percent waste reduction goal. Specifically, SB 498
includes conversion technologies (CT) within the definition
of biomass conversion.
While CT could potentially have positive environmental
impacts in California, our ability to use CTs as a
potential "tool in our tool box" of waste diversion
technologies is hindered by a lack of inclusion of CT in
current conversion definitions.
SB 498 would address deficiencies in current law by
adjusting the definition of "biomass conversion" to include
non-combustion conversion technologies. This is a
technology-neutral approach providing combustion and
non-combustion biomass facilities with the same incentives
and helping to facilitate cleaner and more efficient
technologies to develop in California for converting
biomass materials to renewable energy.
5 Prior legislation . SB 804 was similar to SB 498; however, it
included a number of provisions relating to composting and
anaerobic digestion and various certification requirements
relating to air quality that are not included in this bill.
SB 804 was vetoed by Governor Brown:
To the Members of the California State Senate:
I am returning Senate Bill 804 without my signature.
This bill would expand the existing definition of biomass
conversion to include non-combustion thermal, chemical, or
biological processes.
While I agree with the intent of the bill, last minute
amendments made the bill overly complicated and unworkable.
Therefore, I am directing the Department of Resources,
Recycling and Recovery, in conjunction with stakeholders,
to develop a sensible approach that would apply to all
biomass facilities irrespective of the technologies used.
Sincerely,
SB 498
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Edmund G. Brown Jr.
6 Double referral. This bill is double-referred to the Assembly
Environmental Safety and Toxic Materials Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Association of Counties
City of Calabasas
City of Glendale Water and Power
City of Torrance
County of Los Angeles
County of Santa Barbara
Enerkem
Interior Removal Specialist, Inc.
Rural County Representatives of California
Sanitation Districts of Los Angeles County
Sierra Energy
Opposition
Asamblea de Poder Popular de Gonzales
California Safe Schools
Center for Biological Diversity
Center on Race, Poverty, and the Environment
Clean Water Action
Global Alliance for Incinerator Alternatives
Global Community Monitor
Grayson Neighborhood Council
Greenaction for Health and Environmental Justice
Sierra Club California
Valley Improvement Projects
West Berkeley Alliance for Clean Air and Safe Jobs
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092