Bill Text: CA SB1062 | 2023-2024 | Regular Session | Amended
Bill Title: Conversion of electrical generation facilities using biomass.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1062 Detail]
Download: California-2023-SB1062-Amended.html
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Amended
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Assembly
July 03, 2024 |
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Amended
IN
Assembly
June 24, 2024 |
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Amended
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Senate
April 29, 2024 |
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Amended
IN
Senate
April 03, 2024 |
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Amended
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Senate
March 20, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1062
| Introduced by Senator Dahle (Coauthor: Assembly Member Wood) |
February 08, 2024 |
An act to add Chapter 17 (commencing with Section 25994) to Division 15 of the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
SB 1062, as amended, Dahle.
Electrical generation facilities using biomass: conversion to advanced bioenergy technology facilities. Conversion of electrical generation facilities using biomass.
Existing law establishes the Agricultural Biomass Utilization Account in the Department of Food and Agricultural Fund, which is administered by the Department of Food and Agriculture, in consultation with the State Air Resources Board and the Department of Resources Recycling and Recovery, for purposes of providing grants to persons that use agricultural biomass as a means for avoiding landfill use, preventing air pollution, and enhancing environmental quality.
This bill would require the Department of Conservation, on or before December 1, 2025, to establish and administer the Biomass Technology Transition Program to support the conversion of biomass generation facilities using traditional combustion technologies to newer advanced bioenergy technology facilities, as defined. The bill would require the department,
Department of Conservation, on or before December 1, 2025, to identify generation facilities with a generation capacity of 10 megawatts or greater that use, or are in the process of recommissioning or redeveloping those facilities to use, forest biomass waste, waste or agricultural biomass waste, as defined, and the operators of those facilities have demonstrated to the department Department of Conservation their intent to convert the facilities to advanced bioenergy technology facilities. The bill would require the department
Department of Conservation to request the relevant local air pollution control district or air quality management district to provide information for each identified generation facility about best available control technologies, and other potential advanced emission control technologies applicable to the district, that would be required if the generation facility requests a permit, as provided. The bill would require the department, Department of Conservation, on or before January 1, 2030, to establish a grant program to support the conversion of the generation facilities identified pursuant to the above-described provisions to advanced bioenergy technology facilities and would require an operator of a generation facility, in order to receive a grant, to develop and submit to the department
Department of Conservation business plans meeting specified guidelines. The bill would prohibit actions taken by the department Department of Conservation and by operators of generation facilities pursuant to the above-described provisions from being funded by ratepayers.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 17 (commencing with Section 25994) is added to Division 15 of the Public Resources Code, to read:CHAPTER 17. Biomass Technology Transition Program
Article 1. General Provisions
25994.
Unless the context requires otherwise, for purposes of this chapter, the following definitions apply:(a) “Advanced bioenergy technology facility” means a noncombustion bioenergy facility that results in significant reductions in the emissions of criteria pollutants, toxic air contaminants, and greenhouse gases relative to traditional technologies, and may include, but is not limited to, sustainable aviation fuel or other biofuel production, or renewable natural gas or biomass conversion to hydrogen.
(b) “Agricultural biomass waste” means agricultural crop residue, including woody debris and pruning, associated leaves and silvicultural residue, and orchard or vineyard removals, and the wood, wood chips, and wood waste that results from orchard or vineyard removals.
(b)
(c) “Department” means the Department of Conservation.
(c)
(d) “District” has the same meaning as set forth in Section 39025 of the Health and Safety Code.
(d)
(e) “Forest biomass waste” means forest biomass that is removed to reduce or mitigate the risk of wildfire, reduce the risk to public safety or infrastructure from falling trees or tree limbs, or create defensible space, or for forest restoration projects.
(e)
(f) “Generation facility” means an electrical generation facility using biomass.
(f)
(g) “Program” means the Biomass Technology Transition Program established pursuant to Section 25994.10.
Article 2. Biomass Technology Transition Program
25994.10.
On or before December 1, 2025, the department, in consultation with the commission, the Public Utilities Commission, the State Air Resources Board, the Governor’s Office of Business and Economic Development, the California Infrastructure and Economic Development Bank, and districts, shall establish and administer the Biomass Technology Transition Program with relevant program terms to support the conversion of biomass generation facilities using traditional combustion technologies to newer advanced bioenergy technology facilities.25994.11.
(a) On or before December 1, 2025, the department shall identify generation facilities with a generation capacity of 10 megawatts or greater that use, or are in the process of recommissioning or redeveloping those facilities to use, forest biomass waste or agricultural biomass waste, and the operators of those facilities have demonstrated to the department their intent to convert their facilities to advanced bioenergy technology facilities.(b) The department shall request the relevant district to provide information for each identified generation facility about
best available control technologies, and other potential advanced emission control technologies, as applicable to the district, that would be required if the generation facility requests a permit. As part of the evaluation of the generation facility’s grant application pursuant to Section 25994.14, the department shall consider the upgrades needed by the generation facility to meet the emission limits equivalent to, or more stringent than, the applicable best available control technology, as determined by the district.
25994.12.
(a) On or before January 1, 2026, for purposes of Section 25994.13, the department, in consultation with the commission, the Public Utilities Commission, the State Air Resources Board, the Governor’s Office of Business and Economic Development, the California Infrastructure and Economic Development Bank, districts, and relevant federal agencies, shall assess market conditions for products from advanced bioenergy technology facilities, including, but not limited to, by estimating feasible market demand and technology readiness.(b) Beginning January 1, 2030, and every two years thereafter, the department shall update the assessment of market conditions for
products from advanced bioenergy production technology facilities, including, but not limited to, by estimating feasible market demand and technology readiness.
25994.13.
(a) To receive a grant pursuant to Section 25994.14, the operator of a generation facility shall, on or before January 1, 2027, develop and submit to the department business plans pursuant to guidelines established by the department. The business plans may include a carbon sequestration component.(b) The department shall establish guidelines that, at minimum, incorporate all of the following criteria:
(1) (A) On or before January 1, 2030, if the department estimates feasible market demand and technology readiness, as determined pursuant to subdivision (a) of Section 25994.12, for products
from advanced bioenergy technology facilities, the operator of the generation facility shall, within two years of the department’s estimation, begin converting the existing generation facility to an advanced bioenergy technology facility.
(B) The department may provide assistance through the grant program established pursuant to Section 25994.14 to those converted generation facilities to obtain offtake agreements for new products.
(2) After January 1, 2030, if the department determines that feasible market demand and technology readiness is estimated in the updated assessment required pursuant to subdivision (b) of Section 25994.12, the operator of the generation facility shall, within two years of the department’s estimation, begin converting the facility
to an advanced bioenergy technology facility.
(3) Ensure the business plans described in this subdivision are consistent, as applicable, with the State Board of Forestry and Fire Protection’s Joint Institute Recommendations to Expand Wood and Biomass Utilization in California approved on November 4, 2020.
