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

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

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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

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BILL NUMBER: SB 804	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 8, 2013
	AMENDED IN SENATE  APRIL 22, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act to amend Sections 40106  and40116.1  
and 40116.1  of the Public Resources Code, relating to solid
waste.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 804, as amended, Lara. Solid waste: energy. 
   (1) The 
    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" and
"composting," for the purposes of the act.
   This bill would revise the definition of the term "biomass
conversion" to include  ,  in addition to controlled
combustion, any other conversion technology, as specified. The bill
would define "composting"  for purposes of implementing
certain solid waste management practices and reduction goals
 to include aerobic and anaerobic decomposition of organic
wastes.  The bill would impose a state-mandated local program
by imposing new duties upon local agencies with regard to the
diversion of solid waste.  
   (2) 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:  yes   no  .


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

  SECTION 1.  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 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. 2.  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)  For the purposes of Sections 40051, 41780.01, and
41200, and Article 5 (commencing with Section 41400) of Chapter 3,
"composting"   "Composting"  includes aerobic
decomposition and anaerobic decomposition of organic waste. 
  SEC. 3.    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.