1103.
For the purposes of this part, the following definitions apply:(a) “Agency” means the Trade and Commerce Agency.
(b) “Air district” means an air pollution control district or an air quality management district established or continued in existence pursuant to Part 3 (commencing with Section 40000) of the Health and Safety Code.
(c) “Facility” means any California site that meets both of the following criteria:
(1) As of July 1, 2000, converted, and continues to convert, qualified agricultural biomass to energy and the conversion results in lower oxides of nitrogen (NOx) emissions than would otherwise be produced if burned in the open field during the ozone season, as determined by the air district in which the site operates.
(2) Does not produce electricity for sale to a public utility pursuant to a contract with that public utility, or, if the site does produce electricity for sale to a public utility pursuant to a contract with that public utility, the site does not qualify for the fixed energy prices under the terms of that contract at the time the application for the grant is made.
(d) “Grant” means an award of funds by the agency to an air district that shall, in turn, grant incentive payments to a facility after deducting the air district’s administrative fee as provided in Section 1104.
(e) “Incentive payment” means a payment by an air district to facilities for qualified agricultural biomass to be received and converted into energy after July 1, 2000. This payment shall be in the amount of ten dollars ($10) for each ton of qualified agricultural biomass received for conversion to energy.
(f) “Qualified agricultural biomass” means agricultural residues that historically have been open-field burned in the jurisdiction of the air district from which the agricultural residues are derived, as determined by the air district, excluding urban and forest wood products, that include either of the following:
(1) Field and seed crop residues, including, but not limited to, straws from rice and wheat.
(2) Fruit and nut crop residues, including, but not limited to, orchard and vineyard pruning and removals.