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 ASSEMBLY  SEPTEMBER 5, 2013
	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   the  conversion 
technology, as specified   technology used in a biomass
conversion technology facility, as defined by this bill  .
 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,   facility  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 biomass 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 district, this bill would impose a state-mandated
local program. 
    The act defines various terms, including "biomass conversion" and
"composting," for the purposes of the act.  
    This bill would define "composting" to include aerobic and
anaerobic decomposition of organic wastes. 
   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   the  conversion technology 
specified in subdivision (c) of Section 48800  , 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   both  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) 
    (1)  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.
  division.  
   (3) 
    (2)  Allow the department  ,   consistent
with the authority of the department specified in Section 44100,
 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).   specified in subdivision (a) of Section 40106.

   (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,  as
specified in subdivision (a) of Section 40106,  the air
district shall require immediate compliance with the conditions of
the facility's permit issued pursuant to Division 26 (commencing with
Section 39000) of the Health and Safety Code or shall revoke that
permit.
   (c) An air district 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
technology.
   (2) Causes no net increase in public health  risks, toxic
air emissions, or greenhouse gas emissions as compared to controlled
biomass combustion technology.   risks or toxic air
contaminants. 
   (3)  Does not   Is not designed to 
produce hazardous waste  , as defined in Section 40141,  as
a byproduct of the technology. 
   (4) Complies with Section 25143.5 of the Health and Safety Code.

   (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.