California Air Resources Board

Would have provided, during a state of emergency proclaimed by the Governor involving loss of electrical service to any part of the State, that the regulations adopted under statutory direction prohibiting engine exhaust and evaporative emissions from new small off-road engines, and any other regulations adopted by CARB on emissions of portable or emergency backup generators, would not apply to the sale or purchase of portable or emergency backup generators. This bill would have provided, on and after January 1, 2027, and before January 1, 2032, an exemption from taxes imposed by the Sales and Use Tax Law for the gross receipts of a qualified backup electricity generator during the month of May. The exemption would have only applied to generators purchased for non-business use that cost $7,000 or less. Was not heard in the Assembly Natural Resources Committee.

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Would have narrowed the prohibition on the California Geologic Energy Management Division’s (CalGEM) approval of notices of intention for any well located within a health protection zone so that it only applies to proposed new wells. This bill would have repealed the ban on the construction or operation of new production facilities in health protection zones. This bill would have also narrowed the requirement to submit a sensitive receptor inventory and certify there are no sensitive receptors located within 3,200 ft of the well so that it only applies to operators proposing a new well. Was not heard in the Assembly Natural Resources Committee.

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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.

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Summary

Prohibits, beginning January 1, 2027, a person from distributing, selling, or offering for sale artificial turf, carpets or rugs, cleaning products, cookware, dental floss, fabric treatments, or upholstered furniture that contain intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS). The bill authorizes the Department of Toxic Substances Control (DTSC) to adopt regulations to designate additional consumer product categories to prohibit the distribution, selling, or offering for sale of consumer products containing intentionally added PFAS within those consumer product categories if DTSC determines that safer alternatives are readily available at comparable costs. Was not heard in the Senate Health Committee.

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Summary

Would have established a new regulatory structure at the Department of Toxic Substances Control (DTSC) for metal shredding facilities. The bill, among other things, would have required that any metal shredding facility permit action taken by DTSC consider the conclusions and recommendations set forth in a community emissions reduction program prepared by a local air district and any other health risk assessment conducted by a local air district pursuant to the Air Toxics “Hot Spots” Information and Assessment Act of 1987 or other applicable law. The bill would have required that, if an air quality health risk assessment had not been conducted, the owner or operator of the facility would have had to conduct an analysis of equivalent scope and depth as approved by the local air district.

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Governor’s Veto Message

To the Members of the California State Senate:

I am returning Senate Bill 404 without my signature.

The bill would establish a comprehensive regulatory program for metal shredding facilities to be administered by the Department of Toxic Substances Control (DTSC) and would require metal shredding facilities to obtain a permit from DTSC.

I support the author's intent to create a uniform structure for permitting metal shredding facilities in California. These facilities are critical to maintaining supply chain stability, recycling millions of end-of-life vehicles, household appliances, and other metallic items produced, used, and discarded annually in California. Unless recycled, these metal materials would overwhelm available landfill capacity, creating a massive accumulation of damaged and abandoned cars, appliances, and other items.

However, this bill lacks clear definitions regarding the materials processed at these facilities, including what "hazardous waste" requirements are applicable. Without this clarity, this bill is not as protective, places a significant burden on DTSC, and cannot be successfully implemented.

I encourage the author to work closely with DTSC and interested parties to remedy this issue, as well as ensure that any future legislation requires metal shredding facilities operate, and be permitted to operate, in a health-protective manner.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

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Summary

Requires an owner or operator of a metal shredding facility to reimburse a local air district for reasonable regulatory costs incurred by the local air district in implementing facility-wide fence-line air quality monitoring requirements at the metal shredding facility. Was not heard in the Senate Environmental Quality Committee.

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Summary

Prohibits, beginning January 1, 2028, a person from distributing, selling, or offering for sale a covered product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances unless the Department of Toxic Substances Control (DTSC) issued a regulatory response for the covered product pursuant to the Green Chemistry program or the prohibition is preempted by federal law. The bill authorizes a manufacturer of a covered product to petition DTSC to evaluate a covered product and requires DTSC to evaluate and provide a regulatory response for a covered product under the Green Chemistry program, as specified. The bill also requires DTSC, on or before January 1, 2028, to adopt regulations to carry out the bill’s provisions. Was not heard in the Assembly Environmental Safety and Toxic Materials Committee.

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Summary

Requires a local air district without a specified rule on emergency backup generators, as of January 1, 2026, that adopts such a rule to include in the rule provisions that allow the operator of a critical facility to use a permitted emergency backup generator in exceedance of the applicable runtime and testing and maintenance limits if specified conditions are met. The bill requires a critical facility allowed to exceed applicable limits, as specified, to attest to and provide evidence of having taken demonstrable steps toward implementing the use of backup power technologies that meet or exceed emission standards set by CARB. Was not heard in the Senate Environmental Quality Committee.

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Summary

Spot bill stating that it is the intent of the Legislature to enact future legislation related to clean air basins. Remains in the Senate Rules Committee.

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Summary

Provides, during a state of emergency proclaimed by the Governor that is based on an emergency resulting in a loss of electrical service to any part of the State, that the regulations adopted under statutory direction prohibiting engine exhaust and evaporative emissions from new small off-road engines, and any other regulations adopted by CARB governing the emissions of portable or emergency backup generators, shall not apply to the sale or purchase of portable or emergency backup generators. The bill allows a tax credit for each taxable year beginning on or after January 1, 2026, and before January 1, 2031, equal to the amount incurred by a person or small business, during the taxable year for the purchase of a backup generator, as specified. Was not heard in the Assembly Natural Resources Committee.

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