Solid waste landfills: subsurface temperatures., the official text

An act to add Sections 43031 and 43031.2 to the Public Resources Code, relating to solid waste, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery (CalRecycle), generally regulates the disposal, management, and recycling of solid waste, as defined. The act authorizes CalRecycle to certify a local enforcement agency and requires CalRecycle and certified local enforcement agencies to perform specified functions with regard to the regulation of solid waste management, including issuing and enforcing solid waste facility permits. The act prohibits a person from operating a solid waste facility without a solid waste facilities permit, as provided.
The California Global Warming Solutions Act of 2006 charges the State Air Resources Board with monitoring and regulating sources of emissions of greenhouse gases that cause global warming in order to reduce emission of greenhouse gases. The act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions, as provided.
This bill would require the owner or operator of a solid waste landfill to, among other things, notify the Department of Resources Recycling and Recovery if a subsurface elevated temperature event occurs. The bill would define “subsurface elevated temperature event” to mean an event where subsurface gas or waste temperatures at a solid waste landfill persistently exceed 131 degrees Fahrenheit over a substantial area, as determined by the department. The bill would authorize the department to require the owner or operator of a solid waste landfill experiencing a subsurface elevated temperature event to create a corrective action plan that includes, but is not limited to, a cost assessment for fully implementing the corrective action plan. The bill would authorize the department or a local enforcement agency to impose an administrative civil penalty of $100,000 per day for failing to comply with these requirements. The bill would require all penalties collected to be deposited into the Landfill Subsurface Fire Mitigation Community Fund, which the bill would create in the State Treasury. The bill would continuously appropriate moneys in the fund to the department to mitigate harm to a person or community affected by a subsurface elevated temperature event. The bill would authorize the department to become the enforcement agency for a solid waste landfill experiencing a subsurface elevated temperature event, as specified.
This bill would authorize the Secretary for Environmental Protection to select and coordinate a multiagency coordination group to investigate and provide recommendations on how to achieve resolution of a subsurface elevated temperature event, as specified. The bill would require a local county public health department to conduct community health needs assessments to identify and collect information regarding the effects of a subsurface elevated temperature event on an affected community, as provided. By requiring a local county public health department and a local air pollution control district to perform additional duties, the bill would impose a state-mandated local program. The bill would, upon request by a multiagency coordination group, require the owner or operator of a solid waste landfill that experiences a subsurface elevated temperature event to implement an air monitoring and sampling plan, as specified. The bill would require the owner and operator of a solid waste landfill that experiences a subsurface elevated temperature event to reimburse a multiagency coordination group for all reasonable and necessary expenses incurred, as specified. The bill would require the department to adopt regulations to implement and enforce these provisions as emergency regulations, as specified.
(2) This bill would declare its provisions to be severable.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.
Section 43031 is added to the Public Resources Code, to read:
43031.
(a) For purposes of this section, both of the following definitions apply:
(1) “Local enforcement agency” means the enforcement agency, as defined by Section 40130, that had jurisdiction over a solid waste landfill at the time a subsurface elevated temperature event was discovered.
(2) “Subsurface elevated temperature event” means an event where subsurface gas or waste temperatures at a solid waste landfill persistently exceed 131 degrees Fahrenheit over a substantial area, as determined by the department.
(b) If a subsurface elevated temperature event occurs, the owner or operator of the solid waste landfill shall do all of the following:
(1) Notify the department, state water board, State Air Resources Board, local enforcement agency, local air pollution control district, local health department, State Department of Public Health, and the appropriate regional water quality control board.
(2) Provide subsurface gas and waste temperature data to the department, state water board, State Air Resources Board, local air pollution control district, Department of Toxic Substances Control, and the appropriate regional water quality control board when requested by the department.
(3) Notwithstanding Section 40055, take any action that the department deems necessary to mitigate and resolve the subsurface elevated temperature event, including, but not limited to, creating a corrective action plan.
(c) If the department requires a corrective action plan, the owner or operator of the solid waste landfill shall do all of the following:
(1) Complete a cost assessment for fully implementing the corrective action plan, including, but not limited to, the costs for cleanup, abatement, other remedial actions, and for reimbursing the multiagency coordination group pursuant to subdivision (f) of Section 43031.2.
(2) Provide, in a form and manner determined by the department, evidence of financial ability sufficient to address costs to implement the corrective action plan. This requirement is in addition to existing financial assurance requirements established under Chapter 6 (commencing with Section 22200) of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations.
(3) Pursuant to the regulation adopted pursuant to Section 43509, revise the closure and postclosure maintenance plan to account for additional costs resulting from the subsurface elevated temperature event.
(d) If the owner and operator of a solid waste landfill cannot sufficiently cover the cost to manage and implement a corrective action plan, including the cost to make reimbursement pursuant to subdivision (f) of Section 43031.2, the Attorney General may, if warranted, pursue an action against the parent company of the owner and operator of the solid waste landfill. This subdivision does not create a cause of action or liability.
(e) (1) If the department finds that a solid waste landfill within the jurisdiction of a local enforcement agency is experiencing a subsurface elevated temperature event, the department may, at its sole discretion, become the enforcement agency for all or part of the solid waste landfill.
(2) If the department becomes the enforcement agency pursuant to paragraph (1), the department shall return the solid waste facility to the jurisdiction of the local enforcement agency upon the department’s finding that the subsurface elevated temperature event has been satisfactorily mitigated or resolved. The department has the sole discretion to return the solid waste facility to the jurisdiction of the local enforcement agency before the subsurface elevated temperature event has been satisfactorily mitigated or resolved.
(3) If the department becomes the enforcement agency pursuant to paragraph (1), the department may recover its reasonable and necessary costs for being the enforcement agency from the owner or operator of the solid waste facility that experienced the subsurface elevated temperature event, in a manner determined by the department.
(f) (1) In addition to any other remedies provided by law, the department or local enforcement agency may impose an administrative civil penalty of up to one hundred thousand dollars ($100,000) per day for failing to comply with subdivision (b) or (c) or any regulation adopted pursuant to this section.
(2) All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Community Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the Landfill Subsurface Fire Mitigation Community Fund are continuously appropriated, without regard to fiscal year, to the department to mitigate harm to a person or community adversely affected by a subsurface elevated temperature event.
(g) (1) The department shall adopt regulations to implement and enforce this section and Section 43031.2.
(2) Regulations adopted pursuant to this chapter shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted by the department pursuant to this section shall be filed with the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.
(h) The department shall provide regular updates to affected communities, as defined in Section 43031.2, on the status of leachate activity from a subsurface elevated temperature event.
(i) Part 5 (commencing with Section 45000) does not apply to this section and Section 43031.2.
(j) Any hearing, including a hearing for imposition of administrative penalties, shall be conducted pursuant to the procedural requirements in Sections 44308 and 44310. When the department is the enforcement agency, the hearing shall be held before the Director of Resources Recycling and Recovery.

SEC. 2.
Section 43031.2 is added to the Public Resources Code, to read:
43031.2.
(a) For purposes of this section, the following definitions apply:
(1) “Affected community” means a community affected by subsurface elevated temperature event.
(2) “Health assessment” means the Community Assessment for Public Health Emergency Response Toolkit, established by the federal Centers for Disease Control and Prevention, as it existed on January 1, 2026.
(3) “Multiagency coordination group” means a group of agencies, including, but not limited to, the California Environmental Protection Agency and its boards, departments, and offices, the relevant local air quality management district, local public health office, and local enforcement agency, as defined by Section 43031, and the United States Environmental Protection Agency.
(4) “Subsurface elevated temperature event” has the same meaning as in Section 43031.
(b) The Secretary for Environmental Protection may select and coordinate a multiagency coordination group to investigate and provide recommendations on how to achieve resolution of a subsurface elevated temperature event.
(c) Within 60 calendar days of receiving recommendations from a multiagency coordination group, the local county public health department shall conduct an initial community health needs assessment using the health assessment to identify and collect information regarding the effects of the subsurface elevated temperature event on the affected community and post this information on its internet website. The owner or operator of the solid waste landfill experiencing the subsurface elevated temperature event shall also post this information on its internet website.
(d) (1) Upon the request of the multiagency coordination group, the local county public health department shall initiate subsequent community health needs assessments to identify and collect updated information regarding the effects of a subsurface elevated temperature event on the affected community. The local county public health department shall post the findings of a community health needs assessment on its internet website.
(2) The local county public health department shall hold at least two public hearings in the affected communities to discuss the findings of the community health needs assessment and how to mitigate impacts.
(e) Upon request of the multiagency coordination group, the owner or operator of the solid waste landfill experiencing the subsurface elevated temperature event shall do all of the following:
(1) Submit an air monitoring and sampling plan to the multiagency coordination group and the local air district within 30 days of the request that includes the onsite and offsite monitoring and sampling to be conducted.
(2) Within 30 days of a request by the local air pollution control district or the multiagency coordination group, revise and resubmit the air monitoring and sampling.
(3) No later than 30 days after the submittal of the air monitoring and sampling plan or any requested revisions thereto, begin implementation of the air monitoring and sampling plan. The multiagency coordination group or the local air pollution control district may grant an extension in writing.
(4) In addition to any other remedies provided by law, the department or local enforcement agency may impose an administrative civil penalty of up to one hundred thousand dollars ($100,000) per day for failing to comply with this section or any regulation adopted pursuant to this section. All penalties collected pursuant to this paragraph shall be deposited into the Landfill Subsurface Fire Mitigation Community Fund.
(f) The owner and operator of a solid waste landfill that experiences a subsurface elevated temperature event shall reimburse the multiagency coordination group for all reasonable and necessary costs incurred pursuant to this section. Reimbursement shall be on a monthly basis and shall include the hourly staffing and overhead rates incurred by the participating agencies. Reimbursement shall be made directly to the entity that incurred the costs.

SEC. 3.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.