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SB 88

AN ACT RELATING TO TOWNS AND CITIES -- STATEWIDE MUNICIPAL SOLAR PERMIT

2025 Regular Session Introduced by Elaine Morgan and 4 co-sponsors

Directs CARB to assess lifecycle emissions from biomass uses and craft a strategy for biochar and other carbon-removal products, cutting biomass burning.

01/31/2025 Introduced, referred to Senate Environment and Agriculture
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Bill Summary · SB 88

SB 88 (Caballero) — Air resources: carbon emissions: biomass (California)

Status: Passed 1st Reading (introduced Jan 22, 2025)
Code change: adds Section 39741.6 to the Health & Safety Code
Fiscal: No appropriation required; referred to fiscal committee

Main purpose

To better quantify and encourage beneficial uses of forest and agricultural biomass (residues) — instead of open burning — by directing state agencies to evaluate life‑cycle emissions, develop strategies for biomass‑derived carbon removal products (e.g., biochar), and to require consideration of biomass disposal practices in state‑funded forest health projects. The bill aims to reduce air pollution and climate emissions from wildfires, prescribed burns, and agricultural burning, and to support low‑/negative‑carbon fuels and value‑added products.

Key provisions (what the bill requires)

  • Definitions (Health & Safety Code §39741.6(a)):

    • “Agricultural biomass resources” — crop, orchard, vineyard and other agricultural residues (excludes crops grown for energy or edible produce).
    • “Forest biomass resources” — material removed for wildfire mitigation or forest restoration (excludes trees harvested primarily for energy).
    • Definitions for “agricultural burning” and “prescribed burning” reference existing statutory definitions.

  • State Air Resources Board (CARB) duties:

    • By Jan 1, 2028: publish on CARB’s website an assessment of life‑cycle emissions from alternative uses of forest and agricultural biomass residues, accounting for wildfire and management actions.
    • By Jan 1, 2029: publish a comprehensive strategy to support beneficial carbon removal products (including biochar) generated from agricultural or forest biomass. The strategy should consider uses such as carbon sequestration, agriculture/forestry amendments, construction/engineered materials, environmental remediation, and water treatment.

  • Department of Forestry and Fire Protection (Cal Fire) duties:

    • For all state‑funded forest health projects, require, “to the extent feasible,” an appropriate forest biomass disposal component that includes a scientifically based, verifiable method to determine amounts of biomass physically removed versus burned by prescribed fire.

  • State Energy Resources Conservation and Development Commission (CEC) duties:

    • Include the “value proposition” for using agricultural and forest biomass to produce low‑ and negative‑carbon liquid and gaseous fuels (including hydrogen) via non‑combustion conversion technologies and other emerging approaches in relevant reports and agency documentation.

Rationale / Legislative findings

  • Millions of tons of biomass are burned annually (wildfires, prescribed burns, illegal burns); wildfire smoke severely harms public health.
  • Wildfire emissions threaten California’s ability to meet greenhouse gas and air quality goals (40% GHG reduction by 2030; carbon neutrality by 2045).
  • Biomass can be a resource for low‑carbon fuels, carbon removal products, local jobs, and energy reliability.
  • Existing state nature‑based solutions targets set acreage goals for treatments (e.g., 1.5M acres/year by 2030) but lack detailed analysis of emissions avoided by beneficial biomass uses.

Who is affected

  • State agencies: CARB, Department of Forestry & Fire Protection (Cal Fire), CEC — new analytical and reporting responsibilities.
  • State‑funded forest health projects — must include (where feasible) verifiable biomass disposal planning.
  • Forestry and agricultural stakeholders, biomass processors, biochar and conversion technology developers — may see policy support and market signals.
  • Public health and air quality: potential benefits if biomass burning is reduced and avoided emissions quantified.

Timing & process

  • CARB life‑cycle emissions assessment: public posting by 1/1/2028.
  • CARB strategy for carbon removal products (biochar etc.): public posting by 1/1/2029.
  • Cal Fire and CEC changes are programmatic and to be incorporated into agency project requirements and reports thereafter.

Potential impacts and considerations

  • Positive: Creates an evidence base for avoided‑emissions accounting; could accelerate development and deployment of biochar and non‑combustion biomass conversion industries; may reduce open/pile burning and associated health impacts; aligns fuel‑reduction activities with climate goals.
  • Implementation challenges: Agencies will need staff/time to prepare life‑cycle assessments and strategies; “to the extent feasible” language gives Cal Fire flexibility but may lead to variable application across projects; lack of direct funding in the bill may limit rapid implementation.
  • Interactions: Outputs could inform Greenhouse Gas Reduction Fund accounting, the California Forest Carbon Plan, Short‑Lived Climate Pollutant strategies, and CARB policies on open burning.

Bottom line

SB 88 directs key California agencies to quantify lifecycle emissions of alternative biomass uses, to produce a strategy supporting biomass‑derived carbon removal products (notably biochar), and to require biomass disposal planning in state‑funded forest health work. The bill is primarily planning and strategy‑oriented, designed to shift biomass from being a smoke and emissions source toward beneficial climate and energy uses, while preserving flexibility for agency implementation.

Compiled from official sources — confirm details with the bill’s official record.

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