Bill Text: CA SB804 | 2013-2014 | Regular Session | Amended

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

---

Bill Title: Solid waste: energy.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB804 Detail]

Download: California-2013-SB804-Amended.html

---

BILL NUMBER: SB 804	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act to amend  Section 25620.8   Sections
25301, 25741, 40106, 40116.1, 40117, 40194, 40201, 44017, and 50001
 of, and to add  Section   Sections 
40005  , 40116.2, 40182.5, and 43036  to, the Public
Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 804, as amended, Lara. Solid waste: energy.
   (1) Existing law requires the State Energy Resources Conservation
and Development Commission  (Energy Commission) to submit an
annual report to the Legislature by March 31 of each year regarding
awards made pursuant to the Public Interest Research, Development,
and Demonstration Program.   at least every 2 years, to
conduct assessments and forecasts of all aspects of energy industry
supply, production, transportation, delivery and distribution,
demand, and prices.  
   This bill would require the energy commission to include in the
annual report that is due by March 31, 2015, an analysis of the
opportunities for utilizing waste conversion technologies. 

   (2) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, requires each city, county, and regional agency, if any, to
develop a source reduction and recycling element of an integrated
waste management plan.  
   This bill would make a statement of legislative intent regarding
the development of waste conversion technology facilities. 

   This bill would require the commission, when developing that
assessment and forecast, to investigate the potential for conversion
technology facilities to assist the state in meeting specified
environmental goals and to evaluate the anticipated greenhouse gas
emission reductions by utilizing those facilities.  
   (2) The existing California Renewables Portfolio Standard Program
requires the Public Utilities Commission to implement annual
procurement targets for the procurement of eligible renewable energy
resources, which includes a renewable electrical generation facility,
applicable to all retail sellers of electricity. Existing law
defines a renewable electrical generation facility as a facility
that, among other things, uses biomass or municipal solid waste
conversion.  
   This bill would revise the definition of renewable electrical
generation facility by revising the definition of municipal solid
waste conversion and defining the term "biomass" as the renewable
portion of residual solid waste, as specified.  
   (3) The California Integrated Waste Management Act of 1989, which
is administered by the Department of Resources Recycling and
Recovery, requires each city, county, and regional agency, if any, to
develop a source reduction and recycling element of an integrated
waste management plan. With certain exceptions, the source reduction
and recycling element of that plan is required to divert 50% of all
solid waste, through source reduction, recycling, and composting
activities. Existing law allows the 50% diversion requirement to
include not more than 10% through transformation or "biomass
conversion," as defined, if specified conditions are met. The act
defines various terms, including "biomass conversion," "composting"
"gasification" and "transformation," for the purposes of the act.
 
   Existing law defines "transformation" to include various
activities and to exclude other activities.  
   This bill would define the terms "conversion technology" and
"residual solid waste" for purposes of the act and would revise the
definition of the term "biomass conversion" to include conversion
technology. The bill would revise those other terms, including
defining "transformation" to only include the incineration of solid
waste, and to exclude conversion technology. The bill would impose a
state-mandated local program by imposing new duties upon local
agencies with regard to the diversion of solid waste. The bill would
also make conforming changes.  
   (4) The act requires the department to adopt regulations setting
forth standards for solid waste handling. A violation of the
provisions regulating solid waste facilities is a crime.  
   This bill would prohibit a solid waste facility from accepting
recyclable or compostable materials, except for the purposes of
beneficially using those materials, as approved by the local
enforcement agency, or for the purposes of temporarily storing the
materials for later transport to another facility. The bill would
allow a solid waste disposal facility to only accept residual solid
waste for disposal or processing. Since a violation of these
requirements would be a crime, the bill would impose a state-mandated
local program.  
    (5) The act provides for the designation of an enforcement agency
under specified procedures and requires enforcement agencies to
perform specified functions with regard to solid waste handling and
the issuance and enforcement of solid waste facilities permits. The
enforcement agency is required to include, in the permit of a solid
waste facility designed to convert solid waste into energy or
synthetic fuels, a provision requiring operating procedures to
prevent hazardous waste from entering the conversion process. 

   This bill would instead require the enforcement agency to include
such a provision in the permit of a conversion technology facility
processing residual solid waste, thereby imposing a state-mandated
local program by imposing new duties upon a local agency.  
   (6) Existing law prohibits a person from establishing or expanding
a solid waste facility in a county, after a countywide or regional
agency integrated waste management plan has been approved, unless the
solid waste facility meets certain criteria.  
   This bill would additionally include, as one of those criteria, a
facility that is a conversion technology facility processing residual
solid waste and that is identified and described in, or found to
conform with, the countywide integrated waste management plan, as
specified.  
   (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for specified reasons. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) It is the intent of the Legislature to establish clear
definitions in statute that promote the highest and best use of
resources while supporting the state's key environmental goals,
including the California Renewables Portfolio Standard Program
(Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1
of Division 1 of the Public Utilities Code), the low-carbon fuel
standards adopted by the State Air Resources Board in Subarticle 7
(commencing with Section 95480) of Title 17 of the California Code of
Regulations, and greenhouse gas reduction goals, as provided in
Division 25.5 (commencing with Section 38500) of the Health and
Safety Code.
   (b) The state's "Bioenergy Action Plan" has identified municipal
solid waste as a  substantiality   substantially
 underutilized resource for biomass feedstock that could
produce renewable fuels and energy.
   (c) Around the world, advanced solid waste conversion technologies
are being used to process postrecycled, residual waste to divert
materials from landfills and recover a variety of marketable products
from those residuals, including clean-burning fuels, chemicals,
construction materials, soil amendments, and electricity. 
  SEC. 2.    Section 25620.8 of the Public Resources
Code is amended to read:
   25620.8.  (a) The commission shall prepare and submit to the
Legislature an annual report, not later than March 31 of each year,
on awards made pursuant to this chapter and progress toward achieving
the goals set forth in Section 25620.1. The report shall include
information on the names of award recipients, the amount of awards,
and the types of projects funded, an evaluation of the success of
funded projects, and recommendations for improvements in the program.
The report shall set forth the actual costs of programs or projects
funded by the commission, the results achieved, and how the actual
costs and results compare to the expected costs and benefits. The
commission shall establish procedures for protecting confidential or
proprietary information and shall consult with all interested parties
in the preparation of the annual report.
   (b) The commission shall include, in the annual report due not
later than March 31, 2015, an analysis of the opportunities for
utilizing waste conversion technologies, to achieve the goals set
forth in Section 25620.1.  
  SEC. 3.    Section 40005 is added to the Public
Resources Code, to read:
   40005.  The Legislature finds and declares that, to spur economic
development, promote environmental justice by managing residual waste
near where it is generated, reduce greenhouse gas emissions,
decrease pollution, groundwater contamination, and other
environmental impacts associated with solid waste disposal, and
reduce the state's dependence on landfill disposal, it is the intent
of the Legislature to examine the development of solid waste
conversion technology facilities to manage the residual solid waste
that cannot feasibly be recycled or composted. 
   SEC. 2.    Section 25301 of the   Public
Resources Code   is amended to read: 
   25301.  (a) At least every two years, the commission shall conduct
assessments and forecasts of all aspects of energy industry supply,
production, transportation, delivery and distribution, demand, and
prices. The commission shall use these assessments and forecasts to
develop energy policies that conserve resources, protect the
environment, ensure energy reliability, enhance the state's economy,
and protect public health and safety. To perform these assessments
and forecasts, the commission may require submission of demand
forecasts, resource plans, market assessments, and related outlooks
from electric and natural gas utilities, transportation fuel and
technology suppliers, and other market participants. These
assessments and forecasts shall be done in consultation with the
appropriate state and federal agencies including, but not limited to,
the Public Utilities Commission, the  Office  
Division  of Ratepayer Advocates, the  State  Air
Resources Board,  the Electricity Oversight Board, 
the Independent System Operator, the Department of Water Resources,
 the California Consumer Power and Conservation Financing
Authority,  the Department of Transportation, and the
Department of Motor Vehicles.
   (b) In developing the assessments and forecasts prepared pursuant
to subdivision (a), the commission shall do all of the following:
   (1) Provide information about the performance of energy
industries.
   (2) Develop and maintain the analytical capability sufficient to
answer inquiries about energy issues from government, market
participants, and the public.
   (3) Analyze and develop energy policies.
   (4) Provide an analytical foundation for regulatory and policy
decisionmaking.
   (5) Facilitate efficient and reliable energy markets. 
   (6) In collaboration with the State Air Resources Board, do both
of the following:  
   (A) Investigate the potential for conversion technology
facilities, as defined in Section 40116.2, to assist the state in
meeting key environmental goals, including, but not limited to, the
California Renewables Portfolio Standard Program (Article 16
(commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division
1 of the Public Utilities Code), and the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500))
of the Health and Safety Code.  
   (B) Evaluate the measurable net reductions in greenhouse gas
emissions anticipated to be realized by utilizing conversion
technology facilities to manage residual solid waste, based on the
production of low carbon fuels, diversion of waste materials from
landfill disposal, and the reduction in the transportation of waste
to remote disposal facilities. 
   SEC. 3.    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) "Renewable electrical generation facility" means a facility
that meets all of the following criteria:
   (1) The facility uses biomass, solar thermal, photovoltaic, wind,
geothermal, fuel cells using renewable fuels, small hydroelectric
generation of 30 megawatts or less, digester gas, municipal solid
waste conversion, landfill gas, ocean wave, ocean thermal, or tidal
current, and any additions or enhancements to the facility using that
technology.
   (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
of a balancing authority area primarily located within the state.
For purposes of this subparagraph, "balancing authority area" has the
same meaning as defined in Section 399.12 of the Public Utilities
Code.
   (B) The facility has its first point of interconnection to the
transmission network outside the state, within the Western
Electricity Coordinating Council (WECC) service area, and satisfies
all of the following requirements:
   (i) It commences initial commercial operation after January 1,
2005.
   (ii) It will not cause or contribute to any violation of a
California environmental quality standard or requirement.
   (iii) It participates in the accounting system to verify
compliance with the renewables portfolio standard once established by
the commission pursuant to subdivision (b) of Section 399.25 of the
Public Utilities Code.
   (C) The facility meets the requirements of clauses (ii) and (iii)
in subparagraph (B), but does not meet the requirements of clause (i)
of subparagraph (B) because it commenced 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) Electricity generated by the facility was procured by a
retail seller or local publicly owned electric utility as of January
1, 2010.
   (3) If the facility is outside 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.
   (4) If eligibility of the facility is based on the use of landfill
gas, digester gas, or another renewable fuel delivered to the
facility through a common carrier pipeline, the transaction for the
procurement of that fuel, including the source of the fuel and
delivery method, satisfies the requirements of Section 399.12.6 of
the Public Utilities Code and is verified pursuant to the accounting
system established by the commission pursuant to 399.25 of the Public
Utilities Code, or a comparable system, as determined by the
commission.
   (b) "Municipal solid waste conversion," as used in subdivision
(a), means a technology that uses a noncombustion thermal process to
convert solid waste to a clean-burning fuel for the purpose of
generating electricity, and that meets all of the following criteria:

   (1) The technology does not use air or oxygen in the conversion
process, except ambient air to maintain temperature control.
 
   (2) 
    (1)  The technology produces no discharges of air
contaminants or emissions, including greenhouse gases as defined in
Section 38505 of the Health and Safety Code. 
   (3) 
    (2)  The technology produces no discharges to surface or
groundwaters of the state. 
   (4) 
    (3)  The technology produces no hazardous wastes.

   (5) 
    (4)  To the maximum extent feasible, the technology
removes all recyclable materials and marketable green waste
compostable materials from the solid waste stream prior to the
conversion process and the owner or operator of the facility
certifies that those materials will be recycled or composted.

   (6) 
    (5)  The facility at which the technology is used is in
compliance with all applicable laws, regulations, and ordinances.

   (7) 
    (6)  The technology meets any other conditions
established by the commission. 
   (8) 
    (7)  The facility certifies that any local agency
sending solid waste to the facility diverted at least 30 percent of
all solid waste it collects through solid waste reduction, recycling,
and composting. For purposes of this paragraph, "local agency" means
any city, county, or special district, or subdivision thereof, which
is authorized to provide solid waste handling services.
   (c) "Renewable energy public goods charge" means that portion of
the nonbypassable system benefits charge required to be collected to
fund renewable energy 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).
   (d) "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.
   (e) "Retail seller" means a "retail seller" as defined in Section
399.12 of the Public Utilities Code. 
    (f) (1) For the purposes of complying with the California
Renewables Portfolio Standard Program (Article 16 (commencing with
Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public
Utilities Code), "biomass," as used in subdivision (a), means the
renewable portion of residual solid waste, as defined in Section
40182.5, if the facility results in a net reduction of greenhouse gas
emissions and other air emissions compared to the landfill disposal
of the same feedstock.  
   (2) To quantify the proportion of gross energy produced by a
facility subject to this subdivision that qualifies as a renewable
electrical generation facility, the facility at which the technology
is used shall do either of the following and provide the results to
the commission:  
   (A) Analyze the age of the carbon emitted from the facility. 

   (B) Complete an annual waste characterization analysis for all
materials processed through the conversion process. 
   SEC. 4.    Section 40005 is added to the  
Public Resources Code   , to read:  
   40005.  The Legislature finds and declares that, to spur economic
development, promote environmental justice by managing residual waste
near where it is generated, reduce greenhouse gas emissions,
decrease pollution, groundwater contamination, and other
environmental impacts associated with solid waste disposal, and
reduce the state's dependence on landfill disposal, it is the intent
of the Legislature to examine the development of solid waste
conversion technology facilities to manage the residual solid waste
that cannot feasibly be recycled or composted. 
   SEC. 5.   Section 40106 of the   Public
Resources Code   is amended to read: 
   40106.  (a) "Biomass conversion" means the controlled combustion,
 or other conversion technology,  when separated from other
solid waste and used for producing electricity or heat, of the
following materials:
   (1) Agricultural crop residues.
   (2) Bark, lawn, yard, and garden clippings.
   (3) Leaves, silvicultural residue, and tree and brush pruning.
   (4) Wood, wood chips, and wood waste.
   (5) Nonrecyclable pulp or nonrecyclable paper materials.
   (b) "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.
   (c) For purposes of this section, "nonrecyclable pulp or
nonrecyclable paper materials" means either of the following, as
determined by the  board   department  :
   (1) Paper products or fibrous materials that cannot be
technically, feasibly, or legally recycled because of the manner in
which the product or material has been manufactured, treated, coated,
or constructed.
   (2) Paper products or fibrous materials that have become soiled or
contaminated and as a result cannot be technically, feasibly, or
legally recycled.
   SEC. 6.    Section 40116.1 of the   Public
Resources Code   is amended to read: 
   40116.1.   (a)    "Composting" means the
controlled or uncontrolled biological decomposition of organic
wastes.
    (b)     "Composting" includes aerobic
decomposition and anaerobic decomposition of organic waste. 
  SEC. 7.    Section 40116.2 is added to the  
Public Resources Code   , to read:  
   40116.2.  "Conversion technology" means a technology that uses
noncombustion thermal, chemical, biological, or mechanical conversion
processes, or a combination thereof, to produce marketable products,
including, but not limited to, fuels, chemicals, and electricity,
from any 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 material.
   (g) Waste fats, oils, and greases.
   (h) Residual solid waste. 
   SEC. 8.    Section 40117 of the   Public
Resources Code   is amended to read: 
   40117.  "Gasification" means a technology that uses a
noncombustion thermal process to convert solid waste to a clean
burning fuel for the purpose of generating electricity, and that, at
minimum, meets all of the following criteria: 
   (a) The technology does not use air or oxygen in the conversion
process, except ambient air to maintain temperature control.
 
   (b) 
    (a)  The technology produces no discharges of air
contaminants or emissions, including greenhouse gases, as defined in
subdivision (g) of Section 38505 of the Health and Safety Code.

   (c) 
    (b)  The technology produces no discharges to surface or
groundwaters of the state. 
   (d) 
    (c)  The technology produces no hazardous waste.

   (e) 
    (  d)  To the maximum extent feasible, the
technology removes all recyclable materials and marketable green
waste compostable materials from the solid waste stream prior to the
conversion process and the owner or operator of the facility
certifies that those materials will be recycled or composted.

   (f) 
    (e)  The facility where the technology is used is in
compliance with all applicable laws, regulations, and ordinances.

   (g) 
    (f)  The facility certifies to the  board
  department  that any local agency sending solid
waste to the facility is in compliance with this division and has
reduced, recycled, or composted solid waste to the maximum extent
feasible, and the  board   department 
makes a finding that the local agency has diverted at least 30
percent of all solid waste through source reduction, recycling, and
composting.
   SEC. 9.    Section 40182.5 is added to the  
Public Resources Code   , to read:  
   40182.5.  "Residual solid waste" means material that remains after
all marketable recyclable materials and compostable materials have
been separated from a solid waste received by a solid waste facility,
to the maximum extent feasible, including, but not limited to, by a
curbside source separation program, a materials recovery facility, or
another process. 
   SEC. 10.    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 conversion
technology facility that processes residual solid waste,  a
gasification facility, a transformation facility, 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   department  .
   SEC. 11.    Section 40201 of the   Public
Resources Code   is amended to read: 
   40201.  "Transformation" means  the  incineration
 , pyrolysis, distillation, or biological conversion other
than composting   of solid waste, with or without the
recovery of energy  . "Transformation" does not include
composting, gasification,  or  biomass conversion
 , or conversion technology  .
   SEC. 12.    Section 43036 is added to the  
Public Resources Code   , to read:  
   43036.  (a) A solid waste facility shall not accept recyclable or
compostable materials, except for the purposes of beneficially using
those materials, as approved by the local enforcement agency, or for
the purposes of temporarily storing the materials for later transport
to another facility.
   (b) A solid waste disposal facility shall only accept residual
solid waste for disposal or processing. 
   SEC. 13.    Section 44017 of the   Public
Resources Code   is amended to   read: 
   44017.  The enforcement agency shall include, in the  solid
waste facilities  permit  of any solid waste facility
designed to convert solid waste into energy or synthetic fuels
  for a conversion technology facility processing
residual solid waste  , a provision  which 
 that  requires the use of operating procedures at the
facility to prevent hazardous waste from entering the conversion
process.
   SEC. 14.    Section 50001 of the   Public
Resources Code   is amended to read: 
   50001.  (a) Except as provided by subdivision (b), after a
countywide or regional agency integrated waste management plan has
been approved by the Department of Resources Recycling and Recovery
pursuant to Division 30 (commencing with Section 40000), a person
shall not establish or expand a solid waste facility, as defined in
Section 40194, in the county unless the solid waste facility meets
one of the following criteria:
   (1) The solid waste facility is a disposal facility or a
transformation facility, the location of which is identified in the
countywide siting element or amendment to that element, which has
been approved pursuant to Section 41721.
   (2) The solid waste facility is a facility that is designed to
recover for reuse or recycling at least 5 percent of the total volume
of material received by the facility, and that is identified in the
nondisposal facility element that has been approved pursuant to
Section 41800 or is included in an update to that element. 
    (3) The facility is a conversion technology facility processing
residual solid waste and is identified and described in, or found to
conform with, the countywide integrated waste management plan. The
conformance finding shall be in accordance with a procedure for a
finding of conformance that is set forth in the countywide integrated
waste management plan, or that is formally adopted on or before
December 31, 2014, by the task force created pursuant to Section
40950. 
   (b) Solid waste facilities other than those specified in
paragraphs (1)  and   ,  (2)  , and (3)
 of subdivision (a) shall not be required to comply with the
requirements of this section.
   (c) The person or agency proposing to establish a solid waste
facility shall prepare and submit a site identification and
description of the proposed facility to the task force established
pursuant to Section 40950. Within 90 days after the site
identification and description is submitted to the task force, the
task force shall meet and comment on the proposed solid waste
facility in writing. These comments shall include, but are not
limited to, the relationship between the proposed solid waste
facility and the implementation schedule requirements of Section
41780 and the regional impact of the facility. The task force shall
transmit these comments to the person or public agency proposing
establishment of the solid waste facility, to the county, and to all
cities within the county. The comments shall become part of the
official record of the proposed solid waste facility.
   (d) The review and comment by the local task force shall not be
required for an update to a nondisposal facility element.
   SEC. 15.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act or
because costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.