Solid waste: engineered municipal solid waste (EMSW) conversion.

(1) The California Integrated Waste Management Act of 1989 (act) , 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, pursuant to specified conditions, not more than 10% through biomass conversion, which is defined as the controlled combustion of specific materials for use in producing electricity or heat. Existing law defines the term "transformation" and excludes from that definition composting, gasification, and biomass conversion. This bill would define the terms "EMSW conversion" and "EMSW conversion facility," and would make conforming changes to existing definitions with regard to those operations and facilities. The bill would additionally exclude EMSW conversion from the definition of transformation, and would allow a transformation facility that meets specified requirements relating to EMSW conversion to elect to be considered an EMSW facility for purposes of the act, except as provided. (2) The act requires the integrated waste management plan required to be adopted by a county to include a countywide siting element that provides a description of the areas to be used for the development of certain facilities. The act excludes certain solid wastes, for purposes of determining the base rate for the diversion of solid waste, and requires that the amount of solid waste diverted include solid waste diverted from a disposal facility or transformation facility. Existing law requires the department to determine compliance with the act's 50% diversion requirement, based on the jurisdiction's change in its per capita disposal rate and specifies the procedure for determining that rate. This bill would require the countywide siting element to include a description of the areas to be used for the development of adequate EMSW conversion, thereby imposing a state-mandated local program by imposing new duties upon local agencies. This bill would additionally exclude certain used tires or waste tires or biomass materials that are converted at an EMSW conversion facility from the per capita disposal determination and would require, for purposes of the solid waste calculation used in the base rate determination, the amount of solid waste to include solid waste diverted from an EMSW conversion facility. (3) 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 is, among other things, a disposal facility or a transformation facility that meets certain criteria. This bill would additionally include, as one of those facilities, an EMSW conversion facility. (4) 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.