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 ASSEMBLY  AUGUST 5, 2013
	AMENDED IN ASSEMBLY  JUNE 25, 2013
	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  40051, 40106, 40116.1, 40127,
40194, 40201, 40507, 40900.1, 41780, 41780.01, 41780.02, 41780.1, and
41781 of, and to add Section 40103 to,   40106 and
40116.1 of  the Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 804, as amended, Lara. Solid waste: energy. 
   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" to include aerobic and anaerobic decomposition of
organic wastes.  
   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" to include decomposition of organic wastes in the
presence of oxygen. The bill would include as a part of the 50%
diversion rate requirement the diversion of solid waste through
anaerobic digestion, as defined. 
   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 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. 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" includes aerobic decomposition and anaerobic
decomposition of organic wastes.  
  SECTION 1.    Section 40051 of the Public
Resources Code is amended to read:
   40051.  In implementing this division, the board and local
agencies shall do both of the following:
   (a) Promote the following waste management practices in order of
priority:
   (1) Source reduction.
   (2) Recycling, composting, and anaerobic digestion.
   (3) Environmentally safe transformation and environmentally safe
land disposal, at the discretion of the city or county.
   (b) Maximize the use of all feasible source reduction, recycling,
composting, and anaerobic digestion options in order to reduce the
amount of solid waste that must be disposed of by transformation and
land disposal. For wastes that cannot feasibly be reduced at their
source, recycled, composted, or anaerobically digested, the local
agency may use environmentally safe transformation or environmentally
safe land disposal, or both of those practices.  
  SEC. 2.    Section 40103 is added to the Public
Resources Code, to read:
   40103.  "Anaerobic digestion" means a process of breaking down
organic materials using microorganisms under controlled conditions in
the absence of oxygen or in an oxygen-starved environment, other
than within a landfill.  
  SEC. 3.    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. 4.    Section 40116.1 of the Public Resources
Code is amended to read:
   40116.1.  "Composting" means the controlled or uncontrolled
biological decomposition of organic wastes in the presence of oxygen.
 
  SEC. 5.    Section 40127 of the Public Resources
Code is amended to read:
   40127.  "Diversion program" means a program in the source
reduction and recycling element of a jurisdiction's integrated waste
management plan, specified in Chapter 2 (commencing with Section
41000) of, or Chapter 3 (commencing with Section 41300) of, Part 2
and that has the purpose of diverting solid waste from landfill
disposal or transformation through source reduction, recycling,
composting, and anaerobic digestion activities. "Diversion program"
additionally includes any amendments, revisions, or updates to the
element, and any programs set forth in a time extension, alternative
requirement, or compliance order approved by the board pursuant to
Part 2 (commencing with Section 40900).  
  SEC. 6.    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, an anaerobic digestion
facility, 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.
 
  SEC. 7.    Section 40201 of the Public Resources
Code is amended to read:
   40201.  "Transformation" means incineration, pyrolysis, or
distillation. "Transformation" does not include composting, anaerobic
digestion, gasification, or biomass conversion.  
  SEC. 8.    Section 40507 of the Public Resources
Code is amended to read:
   40507.  (a) On or before March 1 of each year, the board shall
file an annual report with the Legislature highlighting significant
programs or actions undertaken by the board to implement programs
pursuant to this division during the prior calendar year. The report
shall include, but is not limited to, the information described in
subdivision (b).
   (b) The board shall file annual progress reports with the
Legislature covering the activities and actions undertaken by the
board in the prior fiscal year. The board shall prepare, and may
electronically file with the Legislature, the progress reports
throughout the calendar year, as determined by the board, on the
following programs:
   (1) The local enforcement agency program.
   (2) The research and development program.
   (3) The public education program.
   (4) The market development program.
   (5) The used oil program.
   (6) The planning and local assistance program.
   (7) The site cleanup program.
   (c) The progress report shall specifically include, but is not
limited to, all of the following information:
   (1) Pursuant to paragraph (1) of subdivision (b), the status of
the certification and evaluation of local enforcement agencies
pursuant to Chapter 2 (commencing with Section 43200) of Part 4.
   (2) Pursuant to paragraph (2) of subdivision (b), all of the
following information:
   (A) The results of the research and development programs
established pursuant to Chapter 13 (commencing with Section 42650) of
Part 3.
   (B) A report on information and activities associated with the
establishment of the Plastics Recycling Information Clearinghouse,
pursuant to Section 42520.
   (C) A report on the progress in implementing the monitoring and
control program for the subsurface migration of landfill gas
established pursuant to Section 43030, including recommendations, as
needed, to improve the program.
   (D) A report on the comparative costs and benefits of the
recycling or conversion processes for waste tires funded pursuant to
Chapter 17 (commencing with Section 42860) of Part 3.
   (3) Pursuant to paragraph (3) of subdivision (b), all of the
following information:
   (A) A review of actions taken by the board to educate and inform
individuals and public and private sector entities who generate solid
waste on the importance of source reduction, recycling, composting,
and anaerobic digestion of solid waste, and recommendations for
administrative or legislative actions which will inform and educate
these parties.
   (B) A report on the effectiveness of the public information
program required to be implemented pursuant to Chapter 12 (commencing
with Section 42600) of Part 3, including recommendations on
administrative and legislative changes to improve the program.
   (C) A report on the status and effectiveness of school district
source reduction and recycling programs implemented pursuant to
Chapter 12.5 (commencing with Section 42620) of Part 3, including
recommendations on administrative and legislative changes to improve
the program's effectiveness.
   (D) A report on the effectiveness of the integrated waste
management educational program and teacher training plan implemented
pursuant to Part 4 (commencing with Section 71300) of Division 34,
including recommendations on administrative and legislative changes
which will improve the program.
   (E) A summary of available and wanted materials, a profile of the
participants, and the amount of waste diverted from disposal sites as
a result of the California Materials Exchange Program established
pursuant to subdivision (a) of Section 42600.
   (4) Pursuant to paragraph (4) of subdivision (b), all of the
following information:
   (A) A review of market development strategies undertaken by the
board pursuant to this division to ensure that markets exist for
materials diverted from solid waste facilities, including
recommendations for administrative and legislative actions which will
promote expansion of those markets. The recommendations shall
include, but not be limited to, all of the following:
   (i) Recommendations for actions to develop more direct liaisons
with private manufacturing industries in the state to promote
increased utilization of recycled feedstock in manufacturing
processes.
   (ii) Recommendations for actions which can be taken to assist
local governments in the inclusion of recycling activities in county
overall economic development plans.
   (iii) Recommendations for actions to utilize available financial
resources for expansion of recycling industry capacity.
   (iv) Recommendations to improve state, local, and private industry
product and material procurement practices.
   (B) Development and implementation of a program to assist local
agencies in the identification of markets for materials that are
diverted from disposal facilities through source reduction,
recycling, composting, and anaerobic digestion pursuant to Section
40913.
   (C) A report on the Recycling Market Development Zone Loan Program
conducted pursuant to Article 3 (commencing with Section 42010) of
Chapter 1 of Part 3.
   (D) A report on implementation of the Compost Market Program
pursuant to Chapter 5 (commencing with Section 42230) of Part 3.
   (E) A report on the progress in developing and implementing the
comprehensive Market Development Plan, pursuant to Article 2 of
Chapter 1 (commencing with Section 42005) of Part 3.
   (F) The number of retreaded tires purchased by the Department of
General Services during the prior fiscal year pursuant to Section
42414.
   (G) The results of the study performed in consultation with the
Department of General Services pursuant to Section 42415 to determine
if tire retreads, procured by the Department of General Services,
have met all quality and performance criteria of a new tire,
including any recommendations to expand, revise, or curtail the
program.
   (H) The number of recycled lead-acid batteries purchased during
the prior fiscal year by the Department of General Services pursuant
to Section 42443.
   (I) A list of established price preferences for recycled paper
products for the prior fiscal year pursuant to paragraph (1) of
subdivision (c) of Section 12162 of the Public Contract Code.
   (J) A report on the implementation of the white office paper
recovery program pursuant to Chapter 10 (commencing with Section
42560) of Part 3.
   (5) Pursuant to paragraph (5) of subdivision (b), both of the
following information:
   (A) A report on the annual audit of the used oil recycling program
established pursuant to Chapter 4 (commencing with Section 48600) of
Part 7.
   (B) A summary of industrial and lubricating oil sales and
recycling rates, the results of programs funded pursuant to Chapter 4
(commencing with Section 48600) of Part 7, recommendations, if any,
for statutory changes to the program, including changes in the
amounts of the payment required by Section 48650 and the recycling
incentive, and plans for present and future programs to be conducted
over the next two years.
   (6) Pursuant to paragraph (6) of subdivision (b), all of the
following information:
   (A) The development by the board of the model countywide or
regional siting element and model countywide or regional agency
integrated waste management plan pursuant to Section 40912, including
its effectiveness in assisting local agencies.
   (B) The adoption by the board of a program to provide assistance
to cities, counties, or regional agencies in the development and
implementation of source reduction programs pursuant to subdivision
(c) of Section 40912.
   (C) The development by the board of model programs and materials
to assist rural counties and cities in preparing city and county
source reduction and recycling elements pursuant to Section 41787.3.
   (D) A report on the number of tires that are recycled or otherwise
diverted from disposal in landfills or stockpiles.
   (E) A report on the development and implementation of
recommendations, with proposed implementing regulations, for
providing technical assistance to counties and cities that meet
criteria specified in Section 41782, so that those counties and
cities will be able to meet the objectives of this division. The
recommendations shall, among other things, address both of the
following matters:
   (i) Assistance in developing methods of raising revenue at the
local level to fund rural integrated waste management programs.
   (ii) Assistance in developing alternative methods of source
reduction, recycling, composting, and anaerobic digestion of solid
waste suitable for rural local governments.
   (F) A report on the status and implementation of the "Buy Recycled"
program established pursuant to subdivision (d) of Section 42600,
including the waste collection and recycling programs established
pursuant to Sections 12164.5 and 12165 of the Public Contract Code.
   (7) Pursuant to paragraph (7) of subdivision (b), a description of
sites cleaned up under the Solid Waste Disposal and Codisposal Site
Cleanup Program established pursuant to Article 2.5 (commencing with
Section 48020) of Chapter 2 of Part 7, a description of remaining
sites where there is no responsible party or the responsible party is
unable or unwilling to pay for cleanup, and recommendations for any
needed legislative changes.  
  SEC. 9.    Section 40900.1 of the Public Resources
Code is amended to read:
   40900.1.  The Legislature hereby further finds and declares all of
the following:
   (a) It is important to encourage state agencies to plan and
implement programs that will reduce the amount of solid waste going
to disposal facilities through source reduction, recycling,
composting, and anaerobic digestion.
   (b) Local agencies, other than a host jurisdiction, and federal
agencies should be encouraged to plan and implement programs that
will reduce the amount of solid waste going to disposal facilities
through source reduction, recycling, composting, and anaerobic
digestion.
   (c) Each state agency shall, to the extent feasible and within
existing budgetary constraints, develop and implement source
reduction, recycling, composting, and anaerobic digestion programs
that will reduce the amount of solid waste going to disposal
facilities. Those programs shall be consistent with Executive Order
W-7-91, which ordered state agencies to establish recycling programs,
reduce paper waste, purchase recycled products, and implement
measures that minimize the generation of waste.
   (d) Local, state, and federal agencies generating solid waste that
is sent to a host jurisdiction for disposal should be encouraged to
provide the host jurisdiction with information on the amount of solid
waste and regarding any solid waste source reduction, recycling,
composting, or anaerobic digestion programs that have been
implemented by the agency, to assist the host jurisdiction in
developing and implementing the planning requirements of this
division.  
  SEC. 10.   Section 41780 of the Public Resources
Code is amended to read:
   41780.  (a) Each jurisdiction's source reduction and recycling
element shall include an implementation schedule that shows both of
the following:
   (1) For the initial element, the jurisdiction shall divert 25
percent of all solid waste by January 1, 1995, through source
reduction, recycling, and composting activities.
   (2) Except as provided in Sections 41783 and 41784, for the first
and each subsequent revision of the element, the jurisdiction shall
divert 50 percent of all solid waste on and after January 1, 2000,
through source reduction, recycling, composting, and anaerobic
digestion activities.
   (b) This section does not prohibit a jurisdiction from
implementing source reduction, recycling, composting, and anaerobic
digestion activities designed to exceed the requirements of this
division.  
  SEC. 11.    Section 41780.01 of the Public
Resources Code is amended to read:
   41780.01.  (a) The Legislature hereby declares that it is the
policy goal of the state that not less than 75 percent of solid waste
generated be source reduced, recycled, composted, or anaerobically
digested by the year 2020, and annually thereafter.
   (b) Notwithstanding subdivision (a), the department shall not
establish or enforce a diversion rate on a city or county that is
greater than the 50 percent diversion rate established pursuant to
Section 41780.  
  SEC. 12.    Section 41780.02 of the Public
Resources Code is amended to read:
   41780.02.  (a) On or before January 1, 2014, the department shall
submit a report to the Legislature that provides strategies to
achieve the state's policy goal that not less than 75 percent of
solid waste generated be source reduced, recycled, composted, or
anaerobically digested by the year 2020, and annually thereafter,
pursuant to Section 41780.01.
   (b) The report shall also include all of the following:
   (1) A review and update of the information required pursuant to
subparagraph (A) of paragraph (4) of subdivision (c) of Section
40507, with emphasis on new and emerging trends in resource
management.
   (2) Identification of problematic waste streams and sources and
recommendations on handling those waste streams.
   (3) Evaluation of current programs and their effectiveness, and
recommendations for changes to those programs.
   (4) Recommendations for reprioritizing existing resources to best
achieve the purpose of Section 41780.01.
   (5) Recommendations for legislative changes, if any, that are
necessary to achieve the goals of Section 41780.01.
   (6) Report on regulatory changes, if any, that are necessary, to
achieve the goals of Section 41780.01.
   (7) Any other information or recommendations the department deems
pertinent.
   (c) The department may provide the report required pursuant to
this section in conjunction with the report required pursuant to
Section 40507 if the combined report is submitted on or before
January 1, 2014.
   (d) The department may hold public workshops to gather input from
stakeholders.
   (e) (1) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2017.
   (2) The report shall be submitted in compliance with Section 9795
of the Government Code.  
  SEC. 13.    Section 41780.1 of the Public
Resources Code is amended to read:
   41780.1.  (a) Notwithstanding any other requirement of this part,
for the purposes of determining the amount of solid waste that a
regional agency is required to divert from disposal or transformation
through source reduction, recycling, composting, and anaerobic
digestion to meet the diversion requirements of Section 41780, the
regional agency shall use the solid waste disposal projections in the
source reduction and recycling elements of the regional agency's
member agencies. The method prescribed in Section 41780.2 shall be
used to determine the maximum amount of disposal allowable to meet
the diversion requirements of Section 41780.
   (b) Notwithstanding any other requirement of this part, for the
purposes of determining the amount of solid waste that a city or
county is required to divert from disposal or transformation through
source reduction, recycling, composting, and anaerobic digestion to
meet the diversion requirements of Section 41780, the city or county
shall use the solid waste disposal projections in the source
reduction and recycling elements of the city or county. The method
prescribed in Section 41780.2 shall be used to determine the maximum
amount of disposal allowable to meet the diversion requirements of
Section 41780.
   (c) To determine achievement of the diversion requirements of
Section 41780 in 1995 and in the year 2000, projections of disposal
amounts from the source reduction and recycling elements shall be
adjusted to reflect annual increases or decreases in population and
other factors affecting the waste stream, as determined by the board.
By January 1, 1994, the board shall study the factors which affect
the generation and disposal of solid waste and shall develop a
standard methodology and guidelines to be used by cities, counties,
and regional agencies in adjusting disposal projections as required
by this section.
   (d) The amount of additional diversion required to be achieved by
a regional agency to meet the diversion requirements of Section 41780
shall be equal to the sum of the diversion requirements of its
member agencies. To determine the maximum amount of disposal
allowable for the regional agency to meet the diversion requirements
of Section 41780, the maximum amount of disposal allowable for each
member agency shall be added together to yield the agency disposable
maximum.  
  SEC. 14.    Section 41781 of the Public Resources
Code is amended to read:
   41781.  (a) Except as provided in Sections 41781.1, and 41781.2,
for the purpose of determining the base rate of solid waste from
which diversion requirements shall be calculated, "solid waste"
includes only the following:
   (1) The amount of solid waste generated within a local agency's
jurisdiction, the types and quantities of which were disposed of at a
permitted disposal facility as of January 1, 1990. Nothing in this
section requires local agencies to perform waste characterization in
addition to the waste characterization requirements established under
Sections 41030, 41031, 41330, 41331, and 41332.
   (2) The amount of solid waste diverted from a disposal facility or
transformation facility through source reduction, recycling,
                                        composting, or anaerobic
digestion.
   (b) For the purposes of this section, "solid waste" does not
include any solid waste which would not normally be disposed of at a
disposal facility.
   (c) For the purposes of this chapter, the amount of solid waste
from which the required reductions are measured shall be the amount
of solid waste existing on January 1, 1990, with future adjustments
for increases or decreases in the quantity of waste caused only by
changes in population or changes in the number or size of
governmental, industrial, or commercial operations in the
jurisdiction.