Bill Text: CA AB998 | 2023-2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Biomass energy facilities: State Energy Resources Conservation and Development Commission: report.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB998 Detail]

Download: California-2023-AB998-Introduced.html

---

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 998

---

Introduced by Assembly Member Connolly

February 15, 2023

---

An act to add Section 25544 to the Public Resources Code, relating to energy.

LEGISLATIVE COUNSEL'S DIGEST

AB 998, as introduced, Connolly. Biomass energy facilities: State Energy Resources Conservation and Development Commission: report.

Existing law vests the State Energy Resources Conservation and Development Commission with the exclusive power to certify sites and related facilities for thermal powerplants. Existing law requires an electrical corporation, local publicly owned electric utility, or community choice aggregator with a contract to procure electricity generated from biomass that expires or expired on or before December 31, 2028, to seek to amend the contract to include, or seek approval for a new contract that includes, an expiration date 5 years later than the expiration date in the contract that was operative in 2022, except as specified.

This bill would require the commission, on or before December 31, 2024, to issue a report on the utility-scale biomass combustion facilities still in operation as of January 1, 2024. The bill would require the report to include an assessment of operational factors of each facility, a comparison of direct combustion compared to other biomass energy technologies, and a recommended strategy, if appropriate, to repower biomass combustion facilities to noncombustion conversion technologies. The bill would also require the report to include recommendations and strategies related to areas where combustion biomass facilities may be shut down or repowered, including strategies related to baseload power generation, processing waste, and job training, as provided. The bill would require the commission, in preparing the report, to coordinate with the State Air Resources Board and local air districts on emissions assessments and emissions control options. By imposing new duties on local air districts, the bill would impose a state-mandated local program. The bill would also require the commission, in preparing the report, to coordinate with specified state entities for feedstock assessments for forest, agricultural, urban, and postfire waste, and to provide opportunities for stakeholder and public input.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

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

---

Bill Text

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

SECTION 1.

 Section 25544 is added to the Public Resources Code, to read:

25544.

 (a) The commission shall, on or before December 31, 2024, issue a report on the utility-scale biomass combustion facilities still in operation as of January 1, 2024, that includes all of the following:

(1) An assessment of the capacity, feedstock, emissions, options to reduce emissions, feasibility of repowering, grid services, and other operational factors of each facility.

(2) An assessment of the impacts, costs, and benefits of direct combustion compared to other biomass energy technologies.

(3) A recommended strategy, if appropriate, to repower some or all biomass combustion facilities to noncombustion conversion technologies that considers all of the following:

(A) Impacts on disadvantaged communities.

(B) Impacts on rural forested or agricultural communities.

(C) Cost of repowering compared to other firm renewable technologies.

(D) Job creation that may result from the strategy.

(4) Recommendations for how baseload power would be made up in places with biomass combustion facilities that are recommended to be repowered or shut down.

(5) Strategies for processing forest, agricultural, urban, or postfire waste in areas where combustion biomass facilities may be shut down.

(6) Strategies for job training in any areas where job loss would occur due to a biomass combustion facility shutting down or being repowered.

(b) In preparing the report described in subdivision (a), the commission shall do all of the following:

(1) Coordinate with the State Air Resources Board and local air districts on emissions assessments and emissions control options.

(2) Coordinate with the Department of Forestry and Fire Protection, the Department of Food and Agriculture, and the Department of Resources Recycling and Recovery on feedstock assessments for forest, agricultural, urban, and postfire waste.

(3) Provide opportunities for stakeholder and public input.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.