California Air Resources Board

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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Would have formally expanded the California Department of Recycling and Resource Recovery’s (CalRecycle’s) California Climate Investments Food Waste Prevention grant program to provide financial assistance for the recovery of edible food, as specified. The bill also would have specified that eligible infrastructure projects included the construction or expansion of facilities to help develop, implement, or expand edible food waste recovery operation and required CalRecycle to consider the increased amount of edible food recovery capacity that the project will create when awarding a grant for edible food recovery. Held on suspense in the Assembly Appropriations Committee.

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Exempts an agricultural crop preparation service (ACPS) from the Department of Recycling and Resource Recovery’s (CalRecycle) regulations for the Edible Food Rescue Program for Commercial Edible Food Generators (CCR Tit.14, Div. 7, Chap. 12, Art. 10) promulgated under the Short-Lived Climate Pollutant Strategy if the ACPS demonstrates to CalRecycle, in a form and manner developed by CalRecycle, that it has not disposed of organic waste in a landfill on or after January 1, 2016.

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Allows a local jurisdiction to count organic material used as a beneficial agricultural amendment towards its recovered organic waste procurement target under SB 1383 (Lara, Chapter 395, Statutes of 2016) if the material is processed at a facility authorized by the Department of Recycling and Resource Recovery using approved technologies and if the beneficial agricultural amendment is licensed for end use as an agricultural fertilizer by the Department of Food and Agriculture. Was not heard in the Assembly Natural Resources Committee.

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Defines pyrolysis in the Public Resources Code as the thermal decomposition of material at elevated temperatures in the absence or near absence of oxygen. Requires the Department of Resources Recycling and Recovery to include pipeline biomethane converted from organic waste as eligible for procurement credit by local jurisdictions by January 1, 2027.

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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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Extends the rural jurisdiction exemption until 2037 for organic waste collection under California’s Department of Resources Recycling and Recovery regulations pursuant to SB 1383’s (Lara, Chapter 395, Statutes of 2016) Short-lived Climate Pollutant Strategy and changes how population is calculated for organic waste procurement targets, among several other provisions that reduce the stringency of organic waste regulations.

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Would have exempted portions of a county from the state’s organic waste collection requirements if a majority of property owners protest organic waste collection fees under Proposition 218.Failed passage in the Senate Environmental Quality Committee.

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Would have required California’s Department of Resources Recycling and Recovery to consider alternatives to census tracts, as provided, when deciding the boundaries of a low-population or elevation waiver for organic waste jurisdictional targets under the Short-lived Climate Pollutants Strategy organic waste regulations. Held on suspense in the Assembly Appropriations Committee.

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Requires the California Department of Resources Recycling and Recovery to develop a Program Environmental Impact Report (PEIR) for small and medium compost facilities under the California Environmental Quality Act (CEQA) by January 1, 2027, and specifies that the PEIR shall streamline the process with which jurisdictions can develop and site compost facilities.

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