Today's Law As Amended


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AB-2878 Forest Biomass Waste Utilization Program.(2021-2022)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Reducing wildfire severity and restoring healthy and resilient forests requires active forest management, including forest thinning and fuel removal in high fire hazard severity zones.
(b) Senate Bill 901 (Chapter 626 of the Statutes of 2018) calls upon California to significantly increase the amount of forest fuel removal for wildfire mitigation.
(c) The 2020 Forest Stewardship Agreement between California and the United States Forest Service commits to scaling up vegetation treatment of forests and wildlands to 1,000,000 acres per year by 2025.
(d) The “Joint Institute Recommendations to Expand Wood and Biomass Utilization in California,” issued by the State Board of Forestry and Fire Protection’s Joint Institute for Wood Products Innovation in November 2020, found that meeting fuel removal requirements would generate tens of millions of tons of dry forest waste annually, and provided recommendations for the beneficial use of forest biomass waste.
(e) Implementing the recommendations of the “Joint Institute Recommendations to Expand Wood and Biomass Utilization in California” will reduce the need for the piling and burning of forest waste, and would instead generate useful wood products, renewable energy, low carbon fuels, biochar and other soil amendments, while reducing wildfire risk.
(f) “California’s Wildfire and Forest Resilience Action Plan,” issued by the Governor’s Forest Management Task Force in January 2021, requires the Office of Planning and Research, among other state agencies, to develop a comprehensive framework to align the state’s wood utilization policies and priorities, including a comprehensive set of metrics to evaluate biomass availability, usage, investments, and workforce levels to create a sustainable wood products market in the state. That plan also requires the Governor’s Office of Business and Economic Development to develop a focused market strategy.
(g) According to the “California Forest Carbon Plan: Managing our Forest Landscapes in a Changing Climate,” issued by the Forest Climate Action Team in 2018 and adopted by the California Environmental Protection Agency, Natural Resources Agency, and Department of Forestry and Fire Protection, converting waste biomass to energy cuts emissions of particulate matter, methane, and carbon monoxide by 98 percent, and significantly reduces black carbon and other pollutants, in comparison to open-pile burning.
(h) According to “Getting to Neutral: Options for Negative Carbon Emissions in California,” a report prepared by the Lawrence Livermore National Laboratory and released in 2020, converting forest waste to hydrogen, electricity, and other renewable fuels can provide significant carbon negative emissions needed to reach carbon neutrality by 2045.
(i) Forest biomass waste utilization will create jobs and economic development in many of the poorest regions of the state, increase energy resilience in the communities that are most vulnerable to power disruptions, and help to create a circular economy in California’s forested communities.

SEC. 2.

 Section 38535 of the Health and Safety Code is amended to read:

38535.
 The state board, in consultation with the California Department of Forestry and Fire Protection, shall develop all of the following:
(a) A standardized system for quantifying the direct carbon emissions and decay from fuel reduction activities for purposes of meeting the accounting requirements for Greenhouse Gas Reduction Fund expenditures. This system may include standardized lookup tables by forest stand type, including for oak woodland forests, and harvest or other management prescriptions. The system shall acknowledge that certain expenditures, such as for planning, analysis, modeling, or outreach, will not have a direct greenhouse gas reduction benefit, but will facilitate necessary climate preparedness activities that will have direct greenhouse gas benefits.
(b) In consultation with academic experts, a historic baseline of greenhouse gas emissions from California’s natural fire regime reflecting conditions before modern fire suppression. This shall be completed on or before December 31, 2020. The baseline may be included within the state board’s natural working lands inventory.
(c) On or before December 31, 2020, 2025,  and every five years thereafter, a report that assesses greenhouse gas emissions associated with wildfire and forest management activities. The report shall include both of the following: 
(1) A methodology to quantify the greenhouse gas and short-lived climate pollutant emissions, including black carbon, from wildfire, pile burning, and forest management activities.
(2) A list of the data needed to use the methodology prepared pursuant to paragraph (1).

SEC. 2.SEC. 3.

 Section 38561 of the Health and Safety Code is amended to read:

38561.
 (a) On or before January 1, 2009, the state board shall prepare and approve a scoping plan, as that term is understood by the state board, for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from sources or categories of sources of greenhouse gases by 2020 under this division. The state board shall consult with all state agencies with jurisdiction over sources of greenhouse gases, including the Public Utilities Commission and the State Energy Resources Conservation and Development Commission, on all elements of its plan that pertain to energy-related matters matters,  including, but not limited to, electrical generation, load based-standards load-based standards  or requirements, the provision of reliable and affordable electrical service, petroleum refining, and statewide fuel supplies to ensure the greenhouse gas emissions reduction activities to be adopted and implemented by the state board are complementary, nonduplicative, and can be implemented in an efficient and cost-effective manner.
(b) The plan shall identify and make recommendations on direct emissions reduction measures, alternative compliance mechanisms, market-based compliance mechanisms, and potential monetary and nonmonetary incentives for sources and categories of sources that the state board finds are necessary or desirable to facilitate the achievement of the maximum feasible and cost-effective reductions of greenhouse gas emissions by 2020.
(c) In making the determinations required by subdivision (b), the state board shall consider all relevant information pertaining to greenhouse gas emissions reduction programs in other states, localities, and nations, including the northeastern states of the United States, Canada, and the European Union.
(d) The state board shall evaluate the total potential costs and total potential economic and noneconomic benefits of the plan for reducing greenhouse gases to California’s economy, environment, and public health, using the best available economic models, emission estimation techniques, and other scientific methods.
(e) In developing its plan, the state board shall take into account the relative contribution of each source or source category to statewide greenhouse gas emissions, and the potential for adverse effects on small businesses, and shall recommend a de minimis threshold of greenhouse gas emissions below which emissions reduction requirements will not apply.
(f) In developing its plan, the state board shall identify opportunities for emissions reduction measures from all verifiable and enforceable voluntary actions, including, but not limited to, carbon sequestration projects and best management practices.
(g) In developing its plan, the state board shall consider the results of the latest report issued pursuant to subdivision (c) of Section 38535, as applicable.
(g) (h)  The state board shall conduct a series of public workshops to give interested parties an opportunity to comment on the plan. The state board shall conduct a portion of these workshops in regions of the state that have the most significant exposure to air pollutants, including, but not limited to, areas designated as federal extreme nonattainment that have  communities with minority populations, communities with low-income populations, or both.
(h) (i)  The state board shall update its plan for achieving the maximum technologically feasible and cost-effective reductions of greenhouse gas emissions at least once every five years.

SEC. 4.

 Article 3.5 (commencing with Section 4139) is added to Chapter 1 of Part 2 of Division 4 of the Public Resources Code, to read:

Article  3.5. Forest Biomass Waste Utilization Program
4139.
 For purposes of this article, the following definitions apply:
(a) “California Forest Carbon Plan” means the “California Forest Carbon Plan: Managing our Forest Landscapes in a Changing Climate” issued by the California Environmental Protection Agency, the Natural Resources Agency, and the Department of Forestry and Fire Protection in May 2018.
(b) “Forest Biomass Waste Utilization Plan” means the “Joint Institute Recommendations to Expand Wood and Biomass Utilization in California” report issued by the board’s Joint Institute for Wood Products Innovation in November 2020.
(c) “Forest biomass waste” is forest biomass that is removed to reduce or mitigate the risk of wildfire, reduce the risks to public safety or infrastructure from falling trees or tree limbs, or create defensible space, or for forest restoration projects.
(d) “Program” means the Forest Biomass Waste Utilization Program established pursuant to Section 4140.
(e) “Wildfire and Forest Resilience Action Plan” means the “California Wildfire and Forest Resilience Action Plan” issued by the Governor’s Forest Management Task Force in January 2021.
4140.
 (a) The Forest Biomass Waste Utilization Program is hereby established in the board’s Joint Institute for Wood Products Innovation. The program shall do all of the following:
(1) Develop an implementation plan, in coordination with the Wildfire and Forest Resilience Task Force, Office of Planning and Research, Governor’s Office of Business and Economic Development, Department of Toxic Substances Control, Department of Conservation, State Energy Resources Conservation and Development Commission, and Public Utilities Commission, to meet the goals and recommendations of the Forest Biomass Waste Utilization Plan, and the comprehensive framework to align the state’s wood utilization policies and priorities and the focused market strategy required by the Wildfire and Forest Resilience Action Plan. The implementation plan shall do both of the following:
(A) Identify, with particular emphasis on the development of new forest biomass waste utilization projects on developed property that is located near forested land that sources forest biomass waste, funding needs, gaps in research and demonstration, necessary regulatory changes, and other needs.
(B) Adopt best practices for biomass feedstock aggregation that are consistent with the recommendations of the Office of Planning and Research.
(2) (A) In collaboration with governmental, nonprofit, and for-profit entities that have expertise in workforce development, including, but not limited to, the California Community College system and the California Workforce Development Board, develop a workforce training program that will complement the workforce needs associated with implementation of the biomass utilization program.
(B) The workforce training program developed pursuant to subparagraph (A) shall include recommendations that address barriers that impact the hiring of new workers, including, but not limited to, high insurance premiums associated with newly trained drivers.
(b) Beginning January 1, 2024, and on or before every January 1 thereafter, the board, in coordination with the Wildfire and Forest Resilience Task Force, shall prepare and submit an annual report to the Legislature on the progress made on implementing the implementation plan developed pursuant to subparagraph (1) of subdivision (a).
(c) A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
4140.1.
 In furtherance of the program, the Natural Resources Agency
shall facilitate the integration of recommendations for forest biomass waste utilization in relevant, state climate adaptation plans.
4140.2.
 In furtherance of the program, the State Energy Resources Conservation and Development Commission shall, in coordination with the department, Natural Resources Agency, and Department of Conservation, consider funding qualifying projects pursuant to the Clean Transportation Program (Article 2 (commencing with Section 44272) of Chapter 8.9 or Part 5 of Division 26 of the Health and Safety Code) that use forest biomass waste for advanced biofuel technology development, including, but not limited to, projects that use noncombustion conversion technologies for electrical vehicle charging or hydrogen vehicle fueling.
4140.3.
 (a) In furtherance of the program, the State Energy Resources Conservation and Development Commission shall, in coordination with the Natural Resources Agency and the Department of Conservation, prepare and submit a report to the Legislature, on or before December 31, 2023, that evaluates innovative bioenergy technologies that utilize forest biomass waste. The report shall present recommendations, where appropriate, for opportunities to maximize environmental performance, grid reliability benefits, and value to electricity ratepayers. The report shall assess the potential to facilitate the use of forest biomass waste produced within fire-threat areas, as identified by the Public Utilities Commission, to support the integration of innovative biomass power for the purpose of supporting rural microgrids, or providing other grid support, or both, including an assessment of any technological or feasible challenges, including, but not limited to, challenges associated with reliability and fueling concerns. The report may include a review of, and recommendations for, alternative programming or financing considerations.
(b) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2027.

SEC. 5.

 Section 25302.3 is added to the Public Resources Code, to read:

25302.3.
 (a) As part of the 2023 edition of the integrated energy policy report, and as part of each integrated energy policy report adopted biennially thereafter, the commission shall include an assessment of the potential for forest biomass waste energy to provide firm renewable power.
(b) For the purposes of this section, “forest biomass waste” means the same as defined in Section 4139 of the Public Resources Code.