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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Requires, subject to available funding, air monitoring initiated in a community under the Community Air Protection Program to continue at least five years, requires CARB to update and formally approve the “monitoring plan” by July 1, 2026, and requires CARB, in consultation with air districts, to report on progress on the implementation of community air monitoring, as specified, by March 1, 2027, and annually thereafter to appropriate subcommittees of the budget committee of each house of the Legislature. The bill also states the existence of the Bureau of Environmental Justice within California’s Department of Justice.

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Continuously appropriates 10% of auction proceeds in the Greenhouse Gas Reduction Fund to CARB for community air protection implementation, including, but not limited to, funding grants, providing technical assistance, supporting community participation, and incentives, further specified as including community air grants, cleaner technologies with a priority on zero-emission equipment, zero-emission charging infrastructure projects with a priority toward infrastructure that supports medium- and heavy-duty vehicles, and specified stationary sources that result in direct emission reductions of toxic air contaminants and criteria air pollution, including zero-emission technologies. Was not heard in the Assembly Natural Resources Committee.

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Requires the California Environmental Protection Agency (CalEPA) to conduct a study on the costs of climate change to the State and requires responsible parties with greenhouse gas emissions greater than 1 billion metric tons globally from 1990 to 2024 to pay a cost recovery demand proportionate to their share of emissions compared to total anthropogenic greenhouse gas emissions. Authorizes responsible parties to pay the cost recovery demand in 20 annual installments, with the first installment equaling 10 percent of the cost recovery demand. Creates the Polluters Pay Climate Fund and continuously appropriates the funding generated by the cost recovery demands to the Fund for projects that avoid, mitigate, repair, or adapt to negative climate change impacts, with a minimum of 40 percent of funded projects benefitting environmental justice populations. Was not heard in the Senate Judiciary Committee at the request of the author.

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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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Requires the California Environmental Protection Agency (CalEPA) to conduct a study on the costs of climate change to the State and requires responsible parties with greenhouse gas emissions greater than 1 billion metric tons globally from 1990 to 2024 to pay a cost recovery demand proportionate to their share of emissions compared to total anthropogenic greenhouse gas emissions. Authorizes responsible parties to pay the cost recovery demand in 20 annual installments, with the first installment equaling 10%of the cost recovery demand. Creates the Polluters Pay Climate Fund and continuously appropriates the funding generated by the cost recovery demands to the Fund for projects that avoid, mitigate, repair, or adapt to negative climate change impacts, with a minimum of 40%of funded projects benefitting environmental justice populations. Was not heard in the Assembly Natural Resources Committee at the request of the author.

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Summary

Would have required CARB's executive officer to review a local air district’s submitted proposed permit for a Title V facility and, if the executive officer determines that the permit does not comply with the federal Clean Air Act or State law governing air pollution, to object to the issuance of that permit. The bill would have prohibited the local air district from finalizing the proposed permit without revising it to the satisfaction of CARB’s executive officer. The bill also would have established a public petition process regarding the proposed Title V permit, as specified.

The bill would have required an applicant to submit a technical feasibility analysis to the local air district as part of its permit renewal application for a Title V facility if its current operating permit includes equipment or control apparatus that meets certain criteria. The bill would have required a local air district to require best available retrofit control technology to be applied at each piece of equipment or source category identified in the technical feasibility analysis.

The bill would have revised CARB's precertification program, including requiring CARB to update criteria and guidelines for precertification at least once every eight years. The bill would have authorized the precertification program to include the identification of equipment, controls, fuels, and processes, as specified.

The bill would have revised requirements for a local air district’s expedited permit system. The bill, among other things, would have required CARB to issue determinations for best available control technology and best available retrofit control technology, and to establish best available control technology for toxic air contaminants. Held on suspense in the Senate Appropriations Committee.

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Would have required all agencies and departments subject to the Governor’s authority to develop or update their strategic plan to reflect the use of data analysis and inclusive practices to more effectively advance racial equity and to respond to identified disparities with changes to the organization’s policies, programs, and operations. Applicable agencies and departments would have been required to report their progress the Governor and Joint Legislative Budget Committee by April 1, 2026, and each April 1 thereafter. This bill would have also required agencies and departments to engage with and gather input from California communities that have been historically disadvantaged and underserved within the scope of policies or programs administered or implemented.

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Governor’s Veto Message

To the Members of the California State Assembly:

 I am returning Assembly Bill 766 without my signature.

 This bill would require agencies, departments, offices, or commissions under the Governor's authority to develop or update their strategic plans to more effectively advance racial equity and respond to identified disparities with changes to the organization's policies, programs, and operations. This bill would also require each entity to report to the Legislature and Governor, by April 1, 2026, and annually thereafter, on the steps taken to develop and adopt a strategic plan.

 I share the author's goal to ensure equity is embedded within my Administration's actions and plans. In 2022, I signed EO N-16-22, which provided a framework towards helping make the California Dream a reality for every one of us. That EO also created the 11-member Racial Equity Commission to recommend tools, methodologies, and opportunities to address inequities facing historically underserved and marginalized communities across the state.

Unfortunately, the bill's timelines for reporting on strategic plans, along with the additional information entities must include in their plan and uncertainty around which entities are required to comply, are unworkable. Lastly, expanding the reporting requirements to all entities under my purview with these accelerated timelines will lead to significant costs not accounted for in this year's final budget agreement.

 In partnership with the Legislature this year, my Administration has enacted a balanced budget that recognizes the challenging fiscal landscape our state aces while maintaining our commitment to working families and our most vulnerable communities. With significant fiscal pressures and the federal government's hostile economic policies, it is vital that we remain disciplined when considering bills with significant fiscal implications that are not included in the budget, such as this measure.

 For these reasons, I cannot sign this bill.

 Sincerely,

Gavin Newsom

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Requires State or local agencies that directly or by contract collects demographic data as to the ancestry or ethnic origin of Californians to expand the categories to include major Middle Eastern or North African groups in any provided form that offers respondents the option of selecting one or more ethnic or racial designations. The aggregated data can be shared with the public, but not data that would permit identification of individuals.

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Requires the South Coast Air Quality Management District (SCAQMD) board to update Rule 1157 to improve air quality and increase data collection. The bill requires permanent and temporary aggregate operations, by January 1, 2027, to install and maintain a fenceline monitoring system, maintain fencing above the height of open piles, limit open storage piles to 8 feet tall if the covered facility is within 500 feet of a sensitive receptor, and cease all activities if PM10 emissions reach threshold limit set by SCAQMD. The bill requires, on and after July 1, 2027, that a covered facility with a demonstrated history of PM10 emissions at or above the threshold limit set by the SCAQMD and whose property line is within 500 feet of a sensitive receptor to fully enclose any existing open storage piles. Was not heard in the Assembly Natural Resources Committee.

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