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 27, 2013
	AMENDED IN ASSEMBLY  AUGUST 20, 2013
	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 40106 and 40116.1 of, and to add Chapter
6 (commencing with Section 48800) to Part 7 of Division 30 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 bill would require a biomass conversion
technology facility, as defined, to meet specified requirements. The
bill would require an air quality management district or air
pollution control district  to either require immediate
compliance with the conditions of the biom   ass conversion
technology facility's permit, as specified, or revoke that permit
upon notification by the department that a facility did not meet
specified conditions. The bill would authorize an air district 
to review and approve a biomass conversion technology facility if the
 air  district finds the technology used in the facility
meets specified requirements. Because the bill would impose
additional duties on an air  quality management district or
air pollution control  district, this bill would impose a
state-mandated local program.
   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 a specified reason.
   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.  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) "Composting" includes aerobic decomposition and anaerobic
decomposition of organic wastes.
  SEC. 3.  Chapter 6 (commencing with Section 48800) is added to Part
7 of Division 30 of the Public Resources Code, to read:
      CHAPTER 6.  BIOMASS CONVERSION TECHNOLOGY FACILITY


   48800.  For the purpose of this chapter, the following terms have
the following meanings:
   (a) "Air district" means an air quality management district or an
air pollution control district with jurisdiction over the biomass
conversion technology facility.
   (b) "Biomass" means nonrecyclable organic waste materials as
specified in paragraphs (1) to (5), inclusive, of subdivision (a) of
Section 40106.
   (c) "Biomass conversion technology facility" means a facility that
uses a conversion technology capable of converting biomass into
marketable products and fuels through noncombustion thermal,
chemical, or biological process.  "Biomass conversion technology
facility" does not include composting. 
   48805.  (a) A biomass conversion technology facility shall comply
with all of the following requirements:
   (1) Remove, to the maximum extent feasible, all recyclable
materials from the solid waste stream prior to the conversion process
and  have  the owner of the facility certify to the air
district that those materials will be recycled or composted.
   (2) Certify to the air district that a local agency sending
biomass to the facility is in compliance with this division and has
reduced or recycled to the maximum extent feasible.
   (3)  (A)    Allow the department
to inspect the facility to ensure that the facility is only
processing biomass that meets the local certification requirement and
is limited to the previously specified biomass eligible waste
stream, as required pursuant to paragraph (2). 
   (B) The 
    (b)     Upon notification by the department
that a biomass conversion technology facility is processing biomass
that does not meet the local certification requirement or is not
limited to the previously specified biomass eligible waste stream,
the  air district shall  require immediate compliance with
the conditions of the facility's permit issued pursuant to Division
26 (commencing wi   th Section 39000) of the Health and
Safety Code or shall  revoke  a   that
 permit  for the operation of the facility upon
notification by the department that the facility is processing
biomass that does not meet the local certification requirement or is
not limited to the previously specified biomass eligible waste stream
 . 
   (b) 
    (c)  An air district  shall   may
 review and approve  , as part of the air district's
permitting authority pursuant to Division 26 (commencing with Section
39000) of the Health and Safety Code,  the biomass conversion
technology facility if the air district finds that the technology
used by the facility meets all of the following requirements:
   (1) Is more protective than controlled  biomass 
combustion  technologies   technology  .
   (2) Causes no net increase in  public health risks, 
toxic air emissions  ,  or greenhouse gas emissions as
compared to controlled  biomass  combustion 
technologies   technology  .
   (3) Does not produce hazardous waste as a byproduct of the
technology. 
   (d) A biomass conversion technology facility shall comply with
this chapter in addition to all other applicable provisions of local,
state, and federal law. 
  SEC. 4.  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, within the meaning of Section
17556 of the Government Code.