The intent of AB 222 was to expedite the introduction of a wide range of new technologies that recycle the carbon in organic wastes through the production of advanced biofuels, green power and other products. Among its goals were to remove from statute scientifically inaccurate definitions and repressive permitting pathways that have been driving biobased technology providers and investment capital away from California, and also to qualify the biogenic portion of solid waste as a feedstock under the RPS and to enable jurisdictions to count solid waste diverted for processing by these technologies as landfill reduction.
On June 28th, the five Democrats on the Senate Environmental Quality Committee yielded to opposition orchestrated by lobbyists for landfill operators and the traditional recycling industry, and stripped the bill of its RPS and landfill reduction provisions--the two major elements necessary to finance the construction of these projects. However, the Committee's Chair, Joe Simitian, stated that he wanted the remaining provisions of the bill to provide a "step forward" for the industry in the area of permitting.
Subsequently, however, the Committee's staff published further amendments that would have made it even more difficult to permit and operate these facilities than it is under existing statute. Contrary to what co-authors and sponsors had been led to believe by the Chairman in the Committee's public hearing, this was a step backward, rather than a "step forward" for this industry.
In so doing, the Committee swept aside more than 100 statewide endorsements of AB 222, including those of the California Energy Commission, the Air Resources Board and CalRecycle--also ignoring bi-partisan support that the bill had received in the Assembly Utilities & Commerce Committee (11-0), the Assembly itself (54-13) and the Senate Energy, Utilities and Communications Committee (6-1). If the bill had been approved by the Senate Environmental Quality Committee in any form the represented a "step forward" for the industry, its passage by the full Senate and approval by the Governor appeared certain.
In cooperation with the three regulatory agencies that endorsed this legislation, numerous attempts were made to negotiate with the Committee, but to no avail. The bill's sponsors and supporters found themselves having to adopt an "Oppose Unless Amended" position on a bill they had been pursuing for the past two years.
Thus, in mid-August, recognizing that there was no chance of amending AB 222 into any form that the authors and sponsors would allow to be brought to a vote, the decision was made to abandon this two-year campain, and the bill was gutted and amended for further use in other legislation.
AB 222, as a bill to advance the use of solid waste feedstocks in the production of advanced biofuels and green power in California, no longer exists.
As a nation, we have endured a massive oil spill in the Gulf--likely the most devastating environmental disaster in our history. We are spending in excess of $300 billion annually to import petroleum, a meaningful portion of which is finding its way to organizations whose goals are to destroy this nation’s value system, its economy and way of life. We are involved in two wars in the Middle East and are spending additional billions of dollars each year to protect our access to the region's petroleum resources. All this, while we are seeking constructive ways to improve our environment and economy, and provide employment and low-cost biofuels here at home.
Our legislators should be encouraging the development of every technology available to help in achieving national security, energy independence and an improved environment. Unfortunately, for at least six years, that has not the case for the state's environmental committees.
The BioEnergy Producers Association will continue to support the cause of renewable energy both in California and nationally. It will now begin to assess other initiatives and pathways for moving these technologies forward.
©2010 BioEnergy Producers Association
