2025 - Assembly Bill 28 (Schiavo, Pilar), Solid Waste Landfills: Subsurface Temperatures (2-Year)
Requires CARB to amend its regulations on methane emissions from a municipal solid waste (MSW) landfill to establish requirements for the monitoring of landfill gas temperature and requires the operator of an MSW landfill to monitor landfill gas temperature in accordance with CARB regulations. The bill also requires the California Department of Recycling and Resource Recovery (CalRecycle), on or before July 1, 2027, to establish minimum guidelines and coordinate with CARB to ensure consistency with CARB's methane regulation, and consider existing federal, State, and local guidance and stakeholder expertise to identify and manage subsurface elevated temperature events and minimum standards for a corrective action plan. The bill also requires tiered action if the gas temperature reaches 131 F, 146 F, or 170 F for a specified time frame. If an operator of an MSW landfill fails to provide notice of a sustained gas temperature within the specified timeframe, the bill authorizes CalRecycle or a local enforcement agency to impose a penalty of $10,000 per day and other penalties, as specified. The bill requires all penalties to be deposited into the Landfill Subsurface Fire Mitigation Account, which the bill creates, to be used upon appropriation by the Legislature to mitigate harm to a person or community adversely affected by a solid waste landfill, as specified. This bill makes an operator of an MSW landfill liable to CalRecycle and the local enforcement agency for their costs, as specified. Moved to the Senate Inactive File.