Bill Text: CA AB28 | 2025-2026 | Regular Session | Amended
Bill Title: Solid waste landfills: subsurface temperatures.
Sponsorship: Partisan Bill (Democrat 14)
Status: (Engrossed) 2026-06-15 - Re-referred to Com. on E.Q. [AB28 Detail]
Download: California-2025-AB28-Amended.html
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Amended
IN
Senate
June 11, 2026 |
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Amended
IN
Senate
September 03, 2025 |
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Amended
IN
Senate
July 18, 2025 |
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Amended
IN
Senate
July 03, 2025 |
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Amended
IN
Assembly
May 06, 2025 |
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Amended
IN
Assembly
March 24, 2025 |
| Introduced by Assembly Member Schiavo (Coauthors: Assembly Members Aguiar-Curry, Ahrens, Bennett, Bonta, Bryan, Garcia, Hart, Lowenthal, Pellerin, Ramos, Rogers, and Schultz) (Coauthor: Senator Stern) |
December 02, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require the state board to amend its regulations on methane emissions from a municipal solid waste landfill (MSW landfill) to establish requirements for the monitoring of landfill gas temperature. The bill would require the operator of an MSW landfill to monitor landfill gas temperature in accordance with those regulations. If the gas temperature is 131 degrees Fahrenheit or higher for longer than 3 consecutive monthly monitoring periods covering 60 consecutive days, and if other criteria established by CalRecycle are met or exceeded, the bill would require the operator of the MSW landfill to take specified actions, including, but not limited to, filing a corrective action plan for review by the local enforcement agency, as defined, and
the department. If the gas temperature is 146 degrees Fahrenheit or higher for longer than 3 consecutive monthly monitoring periods covering 60 consecutive days, and if other criteria established by CalRecycle are met or exceeded, the bill would require additional actions, including, but not limited to, the operator of the MSW landfill submitting corrective action plans to a multiagency coordination group, established by the California Environmental Protection Agency (CalEPA), as specified. If the gas temperature is 170 degrees Fahrenheit or higher for longer than 3 consecutive monthly monitoring periods covering 60 consecutive days, and if other criteria established by CalRecycle are met or exceeded, the bill would require additional actions, as specified. The bill would require CalRecycle to establish the other criteria by emergency regulation.
If an operator of an MSW landfill fails to provide notice of a sustained gas temperature by the specified due date, the
bill would authorize CalRecycle or a local enforcement agency to impose a penalty of $10,000 per day. The bill would require CalRecycle or a local enforcement agency to impose a penalty not to exceed $1,000,000 for each week that the gas temperature is 170 degrees Fahrenheit or higher for longer than 3 consecutive monthly monitoring periods covering 60 consecutive days, if specified criteria are met or exceeded. The bill would require all penalties to be deposited into the Landfill Subsurface Fire Mitigation Account, which the bill would create, to be used upon appropriation by the Legislature to mitigate harm to a person or community adversely affected by a solid waste landfill with a gas temperature of 131 degrees Fahrenheit or higher for longer than 3 consecutive monthly monitoring periods covering 60 consecutive days. The bill would require any permit suspended pursuant to these provisions to be reinstated when, among others, gas temperature decreases to below 131 degrees Fahrenheit for 3 consecutive
monthly monitoring periods covering 60 consecutive days or longer, as specified.
This bill would make an operator of an MSW landfill liable to CalRecycle and the local enforcement agency for their costs, as specified. The bill would exempt from the Administrative Procedure Act specified requirements that the bill authorizes CalRecycle to impose on the operator of an MSW landfill. By creating new duties for a local enforcement agency, the bill would impose a state-mandated local program.
Existing federal regulations require the owner of an MSW landfill with a gas collection and control system to operate each interior wellhead in the collection system with a landfill gas temperature less than 131 degrees Fahrenheit, unless the federal Environmental Protection Agency approves a higher operating temperature, as provided.
This bill would require an operator of an MSW landfill to provide
notice to the local enforcement agency, CalRecycle, and any other state agency designated by CalEPA regarding a request for a higher operating temperature, as specified.
(3)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:Bill Text
The people of the State of California do enact as follows:
(a)For purposes of this section, the following definitions apply:
(1)“CalEPA” means the California Environmental Protection Agency.
(2)“Gas temperature” is the temperature of underground landfill gas measured at a wellhead.
(3)“Landfill gas” has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.
(4)“Local enforcement agency” means an enforcement agency, as defined by Section 40130, that has been certified by the department for
purposes of this section.
(5)“MSW landfill” means a municipal solid waste landfill subject to either the performance standards described in Section 60.755 of Title 40 of the Code of Federal Regulations or the national emission standards for hazardous air pollutants described in Subpart AAAA (commencing with Section 63.1930) of Part 63 of Title 40 of the Code of Federal Regulations, as those regulations existed on January 1, 2025.
(6)“Multiagency coordination group” means a group of agencies selected and coordinated by CalEPA to investigate a subsurface
elevated temperature event and how to achieve resolution.
(7)“Operator” has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.
(8)“Resolution” means all of the following have occurred:
(A)A subsurface elevated temperature event occurs, followed by gas temperature decreasing to below 131 degrees Fahrenheit for three or more consecutive monthly monitoring periods covering 60 consecutive days, so that a subsurface elevated temperature event no longer exists.
(B)The operator of the MSW landfill provides notice to residents within four miles of the MSW landfill to inform them of the gas temperature decrease and that the MSW landfill no longer meets the criteria established by the department pursuant to subdivision (c), (d), or (e), as applicable.
(C)The local enforcement agency, in consultation and agreement with the department, provides written consent to the
operator of resolution.
(9)“Subsurface elevated temperature event” means an elevated landfill gas temperature that persists for three or more consecutive monthly monitoring periods covering 60 consecutive days, as described in subdivision (c), (d), or (e).
(b)The operator of a MSW landfill shall monitor landfill gas temperature in accordance with regulations adopted by the State Air Resources Board, as described in subdivision (j).
(c)If the gas temperature is 131 degrees Fahrenheit or higher for
three consecutive monthly monitoring periods covering 60 consecutive days, and if other criteria established by the department are met or exceeded, including, but not limited to, the gas and
liquid threshold levels permitted in the landfill and the number of wellheads exceeding these limits over a particular geographic area, then all of the following shall be done:
(1)Within 48 hours, the operator shall notify the local enforcement agency and the department of the subsurface elevated temperature event.
(2)Within 14 days, the operator shall file with the local enforcement agency and the department both the actions it has taken in response to the subsurface elevated temperature event and the root cause analysis prepared pursuant to Section 60.36f of Title 40 of the Code of Federal Regulations.
(3)Within 21 days, the local enforcement agency and the department shall engage with the operator
to work towards resolution. The department shall inspect the MSW landfill, assess the nature and extent of the subsurface elevated temperature event, and provide technical support to the local enforcement agency.
(4)Within 30 days, and on a monthly basis thereafter until resolution, the operator shall, for each
wellhead at the MSW landfill that met or exceeded
the temperature and other requirements described in this subdivision, report the weekly temperature to the local enforcement agency and the department.
(5)Within 45 days, the operator shall file a corrective action plan for review by the local enforcement agency and the department.
(d)In addition to the requirements in subdivision (c), if the gas temperature is 146 degrees Fahrenheit or higher for
three consecutive monthly monitoring periods covering 60 consecutive days, and if other criteria established by the department are met or exceeded, including, but not limited to, the gas and liquid threshold levels permitted in the landfill and the number of wellheads exceeding these limits over a particular geographic area, then all of the following shall be done:
(1)Within 48 hours, the operator shall notify the local enforcement agency and the department of the subsurface elevated temperature event.
(2)Within nine days, the local enforcement agency and the department
shall engage with the operator to work towards resolution. The department shall inspect the MSW landfill and assess the nature and extent of the subsurface elevated temperature event and try to determine why actions taken pursuant to subdivision (c) did not achieve resolution.
(3)Within 30 days, and on a monthly basis thereafter until resolution, the operator shall, for each wellhead at the MSW landfill that met
or exceeded the temperature and other requirements described in this subdivision, post the weekly temperature on its internet website.
(4)Within 45 days, the operator shall submit to the multiagency coordination group any corrective action
plans that have been developed to achieve resolution.
(5)The multiagency coordination group shall continue to monitor the situation and advise until resolution.
(6)After the formation of the multiagency coordination group, CalEPA shall develop a fact sheet specific to the subsurface elevated temperature event and include information from the assessment developed pursuant to paragraph (7). The operator shall send residents located within
four miles of the MSW landfill a notice regarding the sustained elevated gas temperature event that includes the fact sheet developed by CalEPA. The operator shall send monthly updates, including, but not limited to, the sustained elevated gas temperature, the actions the operator has taken to address the sustained elevated gas temperature, and other relevant information to residents located within four miles of the MSW landfill, until resolution. The local enforcement agency or department may require the operator to provide the notice and update to residents beyond four miles from the MSW landfill.
(7)The Office of Environmental Health Hazard Assessment shall, as quickly as possible, use the Community Assessment for Public Health
Emergency Response Toolkit, established by the federal Centers for Disease Control and Prevention to provide information regarding the effects of
the subsurface elevated temperature event on a community, and post this information on its internet website. The operator shall also post this information on its internet website.
(e)In addition to the requirements in subdivisions (c) and (d), if the gas temperature is 170 degrees Fahrenheit or higher for three consecutive monthly monitoring periods covering 60 consecutive days, and if other criteria established by the department are
met or exceeded, including, but not limited to, the gas and liquid threshold levels permitted in the landfill and the number of wellheads exceeding these limits over a particular geographic area, then all of the following shall be done:
(1)Within 48 hours, the operator shall notify the local enforcement agency and the department of the subsurface elevated temperature event.
(2)Within nine days, the local enforcement agency and the department shall engage with the operator to work towards resolution. The
department shall inspect the MSW landfill and assess the nature and extent of the subsurface elevated temperature event and try to determine why actions taken pursuant to subdivisions (c) and (d) did not achieve resolution.
(3)Within 45 days, the operator and the multiagency coordination group shall meet to review a corrective action plan to achieve resolution.
(f)If the gas temperature is
170 degrees Fahrenheit or higher for three consecutive monthly monitoring periods covering 60 consecutive days, then any of the following may be done:
(1)Within 14 days, if the department determines that the subsurface elevated temperature event poses an imminent and substantial risk to the public health, safety, or environment of the surrounding community, the local enforcement agency or the department may suspend the operator’s permits to operate the portion of the MSW landfill affected by the subsurface elevated
temperature event until
the department determines that the imminent threat or substantial risk is resolved.
(2)If the local enforcement agency has been designated to proclaim a local emergency pursuant to Section 8630 of the Government Code, it may proclaim a local emergency. If the local enforcement agency has not been designated to proclaim a local emergency, it may request a local emergency be proclaimed by the appropriate city, county, or city and county pursuant to Section 8630 of the Government Code. Nothing in this paragraph shall be construed to limit the authority of the governing body of a city, county, city and county, or an official designated by ordinance adopted by that governing body to proclaim a local emergency.
(3)The department may request the Governor to proclaim a state of emergency.
(g)A local enforcement agency shall maintain constant communication with the department to ensure the operator of the MSW landfill has implemented a corrective action plan for the subsurface elevated temperature event.
(h)(1)In addition to any other remedies provided by law, the department or local enforcement agency may impose an administrative civil penalty of ten thousand dollars ($10,000) per day for failing to comply with any of the following:
(A)Paragraph (1), (2), or (4) of subdivision (c).
(B)Paragraph (1) or (3) of subdivision (d).
(C)Paragraph (1) of subdivision (e).
(2)The department or local enforcement agency shall impose a penalty not to exceed one million dollars ($1,000,000) for each week that a subsurface elevated temperature event described in subdivision (e) persists if the department determines that the subsurface
elevated temperature event poses an immediate and substantial risk to the public health, safety, or environment of the surrounding community and that the operator’s gross negligence has caused either of the following:
(A)The subsurface elevated temperature event.
(B)A failure to achieve resolution of the subsurface elevated temperature event.
(3)All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Account, which is hereby created. Upon appropriation by the Legislature, moneys in the Landfill Subsurface Fire Mitigation Account shall be available for
expenditure by the department to mitigate harm to a person or community adversely affected by a subsurface temperature event. The department shall prioritize use of penalty moneys to a person or community adversely affected by a subsurface temperature event at the MSW landfill for which the penalty was imposed.
(4)Part 5 (commencing with Section 45000) does not apply to this section.
(i)(1)The department and local enforcement agency shall comply with Article 2 (commencing with section 44305) of Chapter 4 when suspending a permit pursuant to this section.
(2)A permit suspended pursuant to this section shall be reinstated upon resolution, subject to additional operating conditions imposed by the
department.
(j)The State Air Resources Board shall establish mandatory requirements for the monitoring of landfill gas temperature as part of its regulations on methane emissions from municipal solid waste landfills (Subarticle 6 (commencing with Section 95460) of Article 4 of Subchapter 10 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations) consistent with this section.
(k)On or before July 1, 2027, the department shall establish minimum guidelines to identify and manage subsurface elevated temperature events and
minimum standards for a corrective action plan. When developing these guidelines and standards, the department shall coordinate with the State Air Resources Board to ensure consistency with its regulations adopted pursuant to paragraph (j) and consider existing federal, state, and local standards, recommendations, and guidance, and may consider information provided by stakeholders with expertise in the operation and management of solid waste facilities and the management of subsurface temperature events.
(l)An operator is liable to the local enforcement agency and the department for the actual and reasonable costs they incur pursuant to this section.
(m)(1)Within 48 hours
of making a request pursuant to subdivision (c) of Section 60.34f of Title 40 of the Code of Federal Regulations to establish a higher operating temperature value at a particular well, the operator shall notify the local enforcement
agency, the department, and any other state agency designated by CalEPA. The notice shall include a copy of the request. The operator shall also provide notice of approval or denial of the request, including any conditions attached to an approval, within five days of receipt of the approval or denial.
(2)On or before July 1, 2026, an operator that made a request prior to January 1, 2026, pursuant to subdivision (c) of Section 60.34f of Title 40 of the Code of Federal Regulations to establish a higher operating temperature value at a particular well and had that request approved shall provide a copy of the request and the notice of approval, including any condition attached to the approval, to the local enforcement agency, the department, and any other state agency designated by CalEPA.
(3)The local enforcement agency and the department shall post on their internet websites a request and notice of approval or denial of the request, including any conditions attached to an approval, provided to the local enforcement agency or the department pursuant to this subdivision.
(n)The department shall adopt emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code for the establishment of criteria for purposes of
subdivisions (c), (d), and (e).
(o)No rule, policy, or standard of general application issued by the department for either of the following purposes shall be subject to the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code:
(1)The development and implementation of a corrective action plan for purposes of paragraph (5) of subdivision (c), paragraph (4) of subdivision (d), or paragraph (3) of subdivision (e).
(2)The imposition of additional operating requirements on a reinstated permit for purposes of paragraph (2) of subdivision (i).
SECTION 1.
Section 43031 is added to the Public Resources Code, to read:43031.
(a) For purposes of this section, both of the following definitions apply:SEC. 2.
Section 43031.2 is added to the Public Resources Code, to read:43031.2.
(a) For purposes of this section, the following definitions apply:SEC. 2.SEC. 3.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.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.
