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  APRIL 22, 2013
	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act to amend Sections  25301, 25741,  40106
 ,   and  40116.1  , 40117, 40194,
40201, 44017, and 50001  of  , and to add 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 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 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) 
    (   1)  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,"   conversion" and "composting, 
 "  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  in addition to controlled combustion, any other 
conversion technology  , as specified  . The bill would
 revise those other terms, including defining "transformation"
to only include the incineration of solid waste, and to exclude
conversion technology   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.  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) 
    (   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.


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 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 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 Division of Ratepayer
Advocates, the State Air Resources Board, the Independent System
Operator, the Department of Water Resources, 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 produces no discharges of air contaminants or
emissions, including greenhouse gases as defined in Section 38505 of
the Health and Safety Code.
   (2) The technology produces no discharges to surface or
groundwaters of the state.
   (3) The technology produces no hazardous wastes.
   (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.
   (5) The facility at which the technology is used is in compliance
with all applicable laws, regulations, and ordinances.
   (6) The technology meets any other conditions established by the
commission.
   (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 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. 6.   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)  "Composting"   For the purposes of
Sections 40051, 41780.01, and 41200, and Article 5 (commencing with
Section 41400) of Chapter 3, "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 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.
   (b) The technology produces no discharges to surface or
groundwaters of the state.
   (c) The technology produces no hazardous waste.
   (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.
   (e) The facility where the technology is used is in compliance
with all applicable laws, regulations, and ordinances.
   (f) The facility certifies to the 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 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 department.  

  SEC. 11.    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, gasification, 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 for a conversion technology facility processing
residual solid waste, a provision 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), (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.   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.