Air resources: carbon emissions: biomass.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 88 Introduced by Senator Caballero January 22, 2025 An act to add Section 39741.6 to the Health and Safety Code, relating to air resources. LEGISLATIVE COUNSEL'S DIGEST SB 88, as introduced, Caballero. Air resources: carbon emissions: biomass. Existing law requires the State Air Resources Board, in consultation with the Department of Forestry and Fire Prevention, to develop 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, as specified, and, in consultation with academic experts, a historic baseline of greenhouse gas emissions from California’s natural fire regime reflecting conditions before modern fire suppression, on or before December 31, 2020. This bill would require the state board, on or before January 1, 2027, to finalize the standardized system and historic baseline described above. The bill would require the state board, on or before January 1, 2028, to adopt a method of quantification or a lifecycle model for avoided carbon emissions, including, but not limited to, carbon dioxide, methane, and black carbon, from wildfire from the application of prescribed fire to forest biomass resources and agricultural biomass resources, and to develop a carbon credit or offset protocol for biochar and other beneficial carbon-removal products that result from the avoidance of megafires and prescribed fire using existing methodologies. The bill would require the Department of Forestry and Fire Protection to require all state-funded forest health projects to include an appropriate forest biomass resource disposal component that includes a scientifically based, verifiable method to determine the amount of biomass to be physically removed and the amount to be burned by prescribed fire. The bill would require the State Energy Resources Conservation and Development Commission to include the value proposition of using biomass for low- and negative-carbon liquid and gaseous fuels, including hydrogen, from noncombustible methods and other emerging and innovative approaches in relevant reports and other agency-sponsored documentation. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a) Millions of tons of forest and agricultural biomass are burned in California annually, including by wildfire, prescribed burns, and illegal burns. (b) Wildfires are a growing source of air pollution that harm public health, including by increasing respiratory illnesses, heart disease, cancer, and premature death. (c) Wildfires are also a growing source of climate pollution that, in some years, exceeds all of the carbon reductions achieved across the California economy. (d) Existing law requires a 40-percent reduction in greenhouse gas emissions by 2030, a 50-percent reduction in anthropogenic black carbon emissions by 2030, and carbon neutrality to be achieved by 2045. (e) The growing emissions from wildfires and prescribed burning of forest and agricultural biomass resources threaten California’s ability to meet its climate goals. (f) Forest and agricultural biomass are resources that can be used for beneficial purposes to create low-carbon fuel alternatives that increase electrical grid and energy reliability, create useful byproducts and new industries, and help support local workforce development in traditionally underinvested areas of the state. (g) The 2022 Scoping Plan for Achieving Carbon Neutrality calls for increased forest fuel removal on 2,300,000 million acres annually but does not provide detailed analysis of the emissions that would be avoided if those biomass resources were used for beneficial purposes instead of burned, whether that be through unintentional wildfires, intentionally set illegal burns, or regulated burns approved through local air quality smoke management programs. (h) Quantifying avoided emissions from wildfires and prescribed burns of biomass resources will facilitate biomass usage as called for in the state’s Short-Lived Climate Pollutant Reduction Strategy,the California Forest Carbon Plan, and the State Air Resources Board’s plan to phase out open burning of agricultural biomass resources in the San Joaquin Valley. (i) The state should take action to incentivize alternative uses of biomass resources to reduce prescribed burning and illegal burns so that impacts from wildfires can be offset and necessary prescribed fires can take place at a level that does not compromise public health or progress on climate action. SEC. 2. Section 39741.6 is added to the Health and Safety Code, to read: 39741.6. (a) For purposes of this section, the following definitions apply: (1) “Agricultural biomass resources” means crop, orchard, vineyard, or other agricultural residues, and excludes crops grown for the purpose of producing energy and edible produce. (2) “Agricultural burning” has the same meaning as set forth in Section 39011. (3) “Forest biomass resources” means material removed for wildfire mitigation, forest restoration projects, or the protection of public safety and infrastructure. (4) “Prescribed fire” has the same meaning as set forth in Section 4464 of the Public Resources Code. (b) The state board shall do all of the following: (1) On or before January 1, 2027, finalize the development of the standardized system for quantifying direct carbon emissions and decay from fuel reduction activities for purposes of meeting the accounting requirements for Greenhouse Gas Reduction Fund expenditures and the historic baseline of greenhouse gas emissions from California’s natural fire regime reflecting conditions before modern fire suppression, as required by Section 38535. (2) On or before January 1, 2028, adopt a method of quantification or a lifecycle model for avoided carbon emissions, including, but not limited to, carbon dioxide, methane, and black carbon, from wildfire from the application of prescribed fire to forest biomass resources and agricultural biomass resources. (3) (A) On or before January 1, 2028, develop a carbon credit or offset protocol for biochar and other beneficial carbon-removal products that result from the avoidance of megafires and prescribed fire using existing methodologies. (B) The protocol shall, as appropriate, include the use of biochar for carbon sequestration, agricultural and forestry uses, construction and engineered materials, environmental remediation and water treatment, and other uses. (c) The Department of Forestry and Fire Protection shall require all state-funded forest health projects to include an appropriate forest biomass resource disposal component that includes a scientifically based, verifiable method to determine the amount of biomass to be physically removed and the amount to be burned by prescribed fire. (d) The State Energy Resources Conservation and Development Commission shall include the value proposition of using biomass for low- and negative-carbon liquid and gaseous fuels, including hydrogen, from noncombustible methods and other emerging and innovative approaches in relevant reports and other agency-sponsored documentation.