Solid waste: biomass conversion.

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 "biomass conversion," to mean the controlled combustion used for the production of heat or electricity of specified materials for the purposes of the act. This bill would revise the definition of the term "biomass conversion" to mean the production of heat, fuels, or electricity by the controlled combustion of, or the use of other noncombustion thermal technologies on, those specified materials. The bill would require a solid waste facility sending materials to a biomass conversion facility to ensure that the materials sent are limited to those specified materials. The bill would authorize the department of a local enforcement agency to inspect the solid waste facility, as specified. The bill would require the owner or operator of a biomass conversion facility to submit an annual report to the department, under the penalty of perjury, containing specified information for the preceding year. Because a violation of this requirement would be a crime, 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.