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AB-3163 Energy: biomethane: procurement.(2019-2020)

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Date Published: 05/05/2020 09:00 PM
AB3163:v98#DOCUMENT

Revised  May 14, 2020
Amended  IN  Assembly  May 05, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3163


Introduced by Assembly Member Salas
(Coauthor: Assembly Member Mathis)
(Coauthors: Senators Dahle, Galgiani, and Nielsen)

February 21, 2020


An act to amend Section 25420 of the Health and Safety 650 of the Public Utilities Code, relating to biogas. energy.


LEGISLATIVE COUNSEL'S DIGEST


AB 3163, as amended, Salas. Biogas. Energy: biomethane: procurement.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including gas corporations. Existing law requires the commission, in consultation with the State Air Resources Board, to consider adopting specific biomethane procurement targets or goals for each gas corporation so that each gas corporation procures a proportionate share, as determined by the commission, of biomethane annually, as specified. Existing law defines “biomethane” for that purpose as biogas that meets specified standards adopted by the commission for injection into a common carrier pipeline.
This bill would instead define “biomethane” for that purpose as methane produced from an organic waste feedstock, rather than biogas, that meets those specified standards and is either produced from the anaerobic decomposition of organic material or produced from the noncombustion thermal conversion of specified materials.
Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because the provisions of this bill would be a part of the act and because a violation of an order, decision, rule, direction, demand, or requirement of the commission implementing its requirements would be a crime, the 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.

Existing law requires the Office of Environmental Health Hazard Assessment (OEHHA) to evaluate the environmental and health risks posed by various hazardous substances. Existing law requires OEHHA, in consultation with the State Air Resources Board, the Department of Toxic Substances Control, the Department of Resources Recycling and Recovery, and the California Environmental Protection Agency, to compile a list of constituents of concern that could pose risks to human health and that are found in biogas, as defined, at concentrations that significantly exceed the concentrations of those constituents in natural gas. Existing law requires OEHHA to determine the health protective levels for that list, as specified, and requires the state board to identify realistic exposure scenarios and the health risks associated with those scenarios, as specified. Existing law requires the state board to determine the appropriate concentrations of those constituents, as specified. Existing law requires the Public Utilities Commission to adopt standards for constituents that may be found in biogas that is to be injected into a common carrier pipeline and to adopt monitoring, testing, reporting, and recordkeeping requirements for the biogas.

This bill would revise the definition of biogas to include gas that is produced from the noncombustion thermal conversion of certain biomass feedstock, as provided.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 650 of the Public Utilities Code is amended to read:

650.
 For purposes of this article, “biomethane” means a biogas methane produced from an organic waste feedstock that meets the standards adopted pursuant to subdivisions (c) and (d) of Section 25421 of the Health and Safety Code for injection into a common carrier pipeline. pipeline and that meets either of the following requirements:
(a) The methane is produced from the anaerobic decomposition of organic material, including codigestion.
(b) The methane is produced from the noncombustion thermal conversion of any of the following materials, when separated from other waste:
(1) Agricultural crop residues.
(2) Bark, lawn, yard, and garden clippings.
(3) Leaves, silvicultural residue, and tree and brush prunings.
(4) Wood, wood chips, and wood waste.
(5) Nonrecyclable pulp or nonrecyclable paper materials.
(6) Livestock waste.
(7) Municipal sewage sludge or biosolids.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 25420 of the Health and Safety Code is amended to read:
25420.

For purposes of this chapter, the following definitions apply:

(a)“Biogas” means gas that is produced from the anaerobic decomposition of organic material or the noncombustion thermal conversion of eligible biomass feedstock consistent with Section 40106 of the Public Resources Code.

(b)“Biomethane” means biogas that meets the standards adopted pursuant to subdivisions (c) and (d) of Section 25421 for injection into a common carrier pipeline.

(c)“Board” means the State Air Resources Board.

(d)“CalRecycle” means the Department of Resources Recycling and Recovery.

(e)“Commission” means the Public Utilities Commission.

(f)“Common carrier pipeline” means a gas conveyance pipeline, located in California, that is owned or operated by a utility or gas corporation, excluding a dedicated pipeline.

(g)“Dedicated pipeline” means a conveyance of biogas or biomethane that is not part of a common carrier pipeline system, and which conveys biogas from a biogas producer to a conditioning facility or an electrical generation facility.

(h)“Department” means the Department of Toxic Substances Control.

(i)“Gas corporation” has the same meaning as defined in Section 222 of the Public Utilities Code and is subject to rate regulation by the commission.

(j)“Hazardous waste landfill” means a landfill that is a hazardous waste facility, as defined in Section 25117.1.

(k)“Office” means the Office of Environmental Health Hazard Assessment.

(l)“Person” means an individual, trust, firm, joint stock company, partnership, association, business concern, limited liability company, or corporation. “Person” also includes any city, county, district, and the state or any department or agency of a city, county, district, or the state, or the federal government or any department or agency of the federal government to the extent permitted by law.

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REVISIONS:
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