California Air Resources Board

Would have removed references to non-federally recognized tribes and tribal organizations in the Government-to-Government Consultation Act, as well as introduced a new definition for “California tribe" that includes all Native American tribes on the contact list maintained by the California Native American Heritage Commission. The bill would have also required State agencies to consult with a tribe upon request and within 60 days, instead of just encouraging consultation. The consult would have been required to include communication that meets the needs of diverse cultures and education levels, and state agencies would have had to make multiple attempts to engage with tribes in different formats. Amended to deal with the Tribal Housing Grant Program Trust Fund.

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Would have expanded the definition of tribal cultural resources under the California Environmental Quality Act and required lead agencies to adopt mitigation measures when a project may cause a substantial harm to a tribal cultural resource. Lead agencies would have been required to explain their decision with substantial evidence when not using mitigation measures identified by the consulting tribe for tribal cultural resources. Held on suspense in the Assembly Appropriations Committee.

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Would have required CARB to give a yearly legislative report on AB 617 progress by June 30, 2027, and to expand the eligible uses of grant funding for community air grants. The bill would have also required CARB and air districts to approve local community emissions reduction plans (L-CERPs) and authorize CARB and air districts to enforce applicable portions of those L-CERPs. The bill would have also required an AB 617 community steering committee to remain active until the emissions goals identified in its community emissions reduction program (CERP) are met by the air district or a majority of the committee votes to disband. Held on suspense in the Assembly Appropriations Committee.

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Would have expanded the California Environmental Quality Act’s definition of "environment" and "significant effect on the environment" to include impacts on people. The bill would have also required the lead agency preparing the Environmental Impact Report to include a detailed statement on any significant effects that may result from locating the proposed project near, or attracting people to, existing or likely natural hazards or harmful environments.

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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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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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