Bill Text: CA AB222 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Child care.

Spectrum: Bipartisan Bill

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 431, Statutes of 2010. [AB222 Detail]

Download: California-2009-AB222-Amended.html

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BILL NUMBER: AB 222	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Members Adams and Ma
   (Coauthors: Assembly Members Blakeslee, Fletcher, Fuentes,
Galgiani, Gilmore, Mendoza, Smyth, and Torrico)

                        FEBRUARY 4, 2009

   An act to amend Sections 25741, 25806,  40194, and 40201
  and 40194  of, and to  repeal Section
40117 of   add Section 41786.5 to  , the Public
Resources Code, relating to energy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 222, as amended, Adams. Energy: biofuels.
   (1) Existing law establishes the Public Interest Research,
Development, and Demonstration Fund in the State Treasury, and
provides that the money collected by the public goods charge to
support cost-effective energy efficiency and conservation activities
and public interest energy research, development, and demonstration
projects not adequately provided by competitive and regulated
markets, be deposited in the fund for use by the State Energy
Resources Conservation and Development Commission (Energy
Commission). Existing law requires the Energy Commission to use those
funds to develop, implement, and administer the Public Interest
Research, Development, and Demonstration Program to develop
technologies to, among other things, improve environmental quality,
enhance electrical system reliability, increase efficiency of
energy-using technologies, lower electrical system costs, or provide
other tangible benefits to electric utility customers. Existing law
defines "in-state renewable electricity generation facility" for the
purposes of the program to include, among other things, a facility
that uses municipal solid waste conversion.
   This bill would instead define "in-state renewable electricity
generation facility" to include a facility that uses conversion at a
biorefinery. The bill would define "biorefinery" to mean a facility
that uses a noncombustion thermal, chemical, biological, or
mechanical conservation process, or a combination of those processes,
to produce  marketable products   electricity
or a renewable fuel  from carbonaceous materials.
   (2) The California Integrated Waste Management Act of 1989
requires cities and counties, on and after January 1, 2000, to divert
50% of all solid waste through source reduction, recycling, and
composting activities. The act defines various terms, including
"recycling" which means the process of collecting, sorting,
cleansing, treating, and reconstituting solid waste and returning
that solid waste to the economic mainstream in the form of raw
material or new, reused, or reconstituted products, but excludes
"transformation." The act defines "transformation" to mean
incineration, pyrolysis, distillation, or biological conversion, but
excludes composting, gasification, and biomass conversion.
    This bill would authorize a local jurisdiction to include
solid waste diverted to a biorefinery in meeting a requirement to
divert solid waste above 50% if the local jurisdiction makes
specified certification to the California Integrated Waste Management
Board and the board finds that the local   jurisdiction has
diverted at least 50% of all solid waste through source reduction,
recycling, and composting.  The bill would additionally define
"solid waste facility" to include a biorefinery that 
primarily  processes solid waste.  The bill would
revise and recast the definition of "transformation" to exclude,
among other things, solid waste conversion at a biorefinery from the
definition of "transformation." The bill would repeal the provision
defining "gasification." The bill would also make conforming changes.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 25741 of the Public Resources Code is amended
to read:
   25741.  As used in this chapter, the following terms have the
following meaning: 
   (a) (1) "Biorefinery" means a facility that uses a noncombustion
thermal, chemical, biological, or mechanical conversion process, or a
combination of those processes, to produce electricity or a
renewable fuel from carbonaceous material, including, but not limited
to, any of the following:  
   (A) Dedicated energy crops.  
   (B) Agricultural crop residues.  
   (C) Bark, lawn, yard, and garden clippings.  
   (D) Leaves, silvicultural residue, and tree and brush pruning.
 
   (E) Wood, wood chips, and wood waste.  
   (F) Nonrecyclable pulp or nonrecyclable paper materials. 

   (G) Waste fat, oils, and greases.  
   (H) Other types of solid waste.  
   (2) A biorefinery shall satisfy all of the following criteria:
 
   (A) Meet or exceed standards set by the State Air Resources Board,
local air pollution control districts, or local air quality
management districts regarding air contaminants or emissions,
including greenhouse gases, as defined in subdivision (g) of Section
38505 of the Health and Safety Code.  
   (B) Meet or exceed standards set by the State Water Resources
Control Board or regional water quality control boards regarding
discharges to surface waters or groundwaters of the state.  

   (C) Routinely test the ash or other residue from the facility at
least once quarterly, or on a more frequent basis as determined by
the agency responsible for regulating the testing and disposal of ash
or residue. Notwithstanding Section 25143.5 of the Health and Safety
Code, if hazardous wastes are present, the ash or residue is sent to
a class 1 hazardous waste disposal facility.  
   (D) Preprocess the solid waste feedstock to remove, to the maximum
extent feasible, all recyclable materials prior to the conversion
process.  
   (E) Meet all of the requirements of this division for solid waste
handling prior to the conversion process, and convert the solid waste
feedstock into products that have market value.  
   (F) Is in compliance with all applicable laws, regulations, and
ordinances.  
   (a) 
    (b)  "Delivered" and "delivery" mean the electricity
output of an in-state renewable electricity generation facility that
is used to serve end-use retail customers located within the state.
Subject to verification by the accounting system established by the
commission pursuant to subdivision (b) of Section 399.13 of the
Public Utilities Code, electricity shall be deemed delivered if it is
either generated at a location within the state, or is scheduled for
consumption by California end-use retail customers. Subject to
criteria adopted by the commission, electricity generated by an
eligible renewable energy resource may be considered "delivered"
regardless of whether the electricity is generated at a different
time from consumption by a California end-use customer. 
   (b) 
    (c)  "In-state renewable electricity generation facility"
means a facility that meets all of the following criteria:
   (1)  (A)    The facility uses
biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells
using renewable fuels, small hydroelectric generation of 30 megawatts
or less, digester gas, conversion at a biorefinery, landfill gas,
ocean wave, ocean thermal, or tidal current, and any additions or
enhancements to the facility using that technology. 
   (B) For the purposes of this paragraph, "biorefinery" means a
facility that uses a noncombustion thermal, chemical, biological, or
mechanical conversion process, or a combination of those processes,
to produce marketable products, including, but not limited to,
renewable fuels, chemicals, and electricity, from a carbonaceous
material, including, but not limited to, any of the following:
 
   (i) Dedicated energy crops.  
   (ii) Agricultural crop residues.  
   (iii) Bark, lawn, yard, and garden clippings.  
   (iv) Leaves, silvicultural residue, and tree and brush pruning.
 
   (v) Wood, wood chips, and wood waste.  
   (vi) Nonrecyclable pulp or nonrecyclable paper materials.
 
   (vii) Waste fat, oils, and greases.  
   (viii) Other types of solid waste.  
   (C) A "biorefinery" that receives solid waste feedstock shall
satisfy all of the following criteria:  
   (i) Meet or exceed standards set by the State Air Resources Board,
local air pollution control districts, or local air quality
management districts regarding air contaminants or emissions,
including greenhouse gases, as defined in subdivision (g) of Section
38505 of the Health and Safety Code.  
   (ii) Meet or exceed standards set by the State Water Resources
Control Board or regional water quality control boards regarding
discharges to surface waters or groundwaters of the state. 

   (iii) Routinely test the ash or other residue from the facility at
least once quarterly, or on a more frequent basis as determined by
the agency responsible for regulating the testing and disposal of ash
or residue. Notwithstanding Section 25143.5 of the Health and Safety
Code, if hazardous wastes are present, the ash or residue is sent to
a class 1 hazardous waste disposal facility.  
   (iv) Preprocess the solid waste feedstock to remove, to the
maximum extent feasible, all recyclable materials prior to the
conversion process.  
   (v) Meet all of the requirements of this division for solid waste
handling prior to the conversion process, and convert the solid waste
feedstock into products that have market value.  
   (vi) Is in compliance with all applicable laws, regulations, and
ordinances. 
   (2) The facility satisfies one of the following requirements:
   (A) The facility is located in the state or near the border of the
state with the first point of connection to the transmission network
within this state and electricity produced by the facility is
delivered to an in-state location.
   (B) The facility has its first point of interconnection to the
transmission network outside the state and satisfies all of the
following requirements:
   (i) It is connected to the transmission network within the Western
Electricity Coordinating Council (WECC) service territory.
   (ii) It commences initial commercial operation after January 1,
2005.
   (iii) Electricity produced by the facility is delivered to an
in-state location.
   (iv) It will not cause or contribute to any violation of a
California environmental quality standard or requirement.
   (v) If the facility is outside of the United States, it is
developed and operated in a manner that is as protective of the
environment as a similar facility located in the state.
   (vi) It participates in the accounting system to verify compliance
with the renewables portfolio standard by retail sellers, once
established by the Energy Commission pursuant to subdivision (b) of
Section 399.13 of the Public Utilities Code.
   (C) The facility meets the requirements of clauses (i), (iii),
(iv), (v), and (vi) in subparagraph (B), but does not meet the
requirements of clause (ii) because it commences initial operation
prior to January 1, 2005, if the facility satisfies either of the
following requirements:
   (i) The electricity is from incremental generation resulting from
expansion or repowering of the facility.
   (ii) The facility has been part of the existing baseline of
eligible renewable energy resources of a retail seller established
pursuant to paragraph (2) of subdivision (b) of Section 399.15 of the
Public Utilities Code or has been part of the existing baseline of
eligible renewable energy resources of a local publicly owned
electric utility established pursuant to Section 387 of the Public
Utilities Code. 
   (c) 
    (d)  "Procurement entity" means any person or
corporation that enters into an agreement with a retail seller to
procure eligible renewable energy resources pursuant to subdivision
(f) of Section 399.14 of the Public Utilities Code. 
   (d) 
    (e)  "Renewable energy public goods charge" means that
portion of the nonbypassable system benefits charge authorized to be
collected and to be transferred to the Renewable Resource Trust Fund
pursuant to the Reliable Electric Service Investments Act (Article 15
(commencing with Section 399) of Chapter 2.3 of Part 1 of Division 1
of the Public Utilities Code). 
   (e) 
    (f)  "Report" means the report entitled "Investing in
Renewable Electricity Generation in California" (June 2001,
Publication Number P500-00-022) submitted to the Governor and the
Legislature by the commission. 
   (f) 
    (g)  "Retail seller" means a "retail seller" as defined
in Section 399.12 of the Public Utilities Code.
  SEC. 2.  Section 25806 of the Public Resources Code is amended to
read:
   25806.  (a) A person who submits to the commission an application
for certification for a proposed generating facility shall submit
with the application a fee of one hundred thousand dollars ($100,000)
plus two hundred fifty dollars ($250) per megawatt of gross
generating capacity of the proposed facility. The total fee
accompanying an application may not exceed three hundred fifty
thousand dollars ($350,000).
   (b) A person who receives certification of a proposed generating
facility shall pay an annual fee of fifteen thousand dollars
($15,000). The first payment of the annual fee is due on the date
this section takes effect. For a facility certified on or after the
effective date of this section, the first payment of the annual fee
is due on the date the commission adopts the final decision. All
subsequent payments are due by July 1 of each year in which the
facility retains its certification. The fiscal year for the annual
fee is July 1 to June 30, inclusive.
   (c) The fees in subdivisions (a) and (b) shall be adjusted
annually to reflect the percentage change in the Implicit Price
Deflator for State and Local Government Purchases of Goods and
Services, as published by the United States Department of Commerce.
   (d) No fee is required to accompany an application for
certification, and no annual fee is required thereafter, for a
generating facility that uses a renewable resource as its primary
fuel or power source. For purposes of this subdivision, a renewable
resource includes, but is not limited to, biomass, solar thermal,
geothermal, digester gas, conversion at a biorefinery  as
defined in subparagraphs (B) and (C) of paragraph (1) of subdivision
(b) of Section 25741  , landfill gas, ocean thermal, and
solid waste converted to a clean burning fuel by using a
noncombustion thermal process.
   (e) The Energy Facility License and Compliance Fund is hereby
created in the State Treasury. All fees received by the commission
pursuant to this section shall be remitted to the Treasurer for
deposit in the fund. The money in the fund shall be expended, upon
appropriation by the Legislature, for processing applications for
certification and for compliance monitoring. 
  SEC. 3.    Section 40117 of the Public Resources
Code is repealed. 
   SEC. 4.   SEC. 3.   Section 40194 of the
Public Resources Code is amended to read:
   40194.  "Solid waste facility" includes a solid waste transfer or
processing station, a composting facility,  a gasification
facility,  a transformation facility, a biorefinery  as
defined in subparagraphs (B) and (C) of paragraph (1) of subdivision
(b) of Section 25741 that primarily   that 
processes solid waste, and a disposal facility. For purposes of Part
5 (commencing with Section 45000), "solid waste facility"
additionally includes a solid waste operation that may be carried out
pursuant to an enforcement agency notification, as provided in
regulations adopted by the board. 
  SEC. 5.    Section 40201 of the Public Resources
Code is amended to read:
   40201.  "Transformation" means the incineration of solid waste,
with or without the recovery of energy. "Transformation" does not
include composting, biomass conversion, or solid waste conversion at
a biorefinery as defined in subparagraphs (B) and (C) of paragraph
(1) of subdivision (b) of Section 25741. 
   SEC. 4.    Section 41786.5 is added to the  
Public Resources Code   , to read:  
   41786.5.  (a) A local jurisdiction shall not include solid waste
diverted to a biorefinery in meeting the requirement to divert 50
percent of all solid waste. A local jurisdiction may include solid
waste diverted to a biorefinery in meeting a requirement to divert
solid waste that is above 50 percent. A local jurisdiction shall
certify to the board that the local jurisdiction is in compliance
with this division and has reduced, recycled, or composted solid
waste to the maximum extent feasible and the board makes a finding
that the local jurisdiction has diverted at least 50 percent of all
solid waste through source reduction, recycling, and composting.
   (b) (1) As used in this section, "biorefinery" has the same
meaning as that set forth in Section 25741.
   (2) A gasification facility is not a biorefinery.