California 2025-2026 Regular Session

California Assembly Bill AB28 Compare Versions

OldNewDifferences
1-Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 28Introduced by Assembly Member Schiavo(Coauthors: Assembly Members Bennett and Hart)(Coauthor: Senator Stern)December 02, 2024 An act relating to emergency services. to add Section 43031 to the Public Resources Code, relating to solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 28, as amended, Schiavo. Relocation assistance: Chiquita Canyon Landfill disaster. Solid waste landfills: subsurface temperatures.(1) 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.Pursuant to that authority, the state board adopted regulations governing methane emissions from solid waste landfills. The regulations require an owner or operator of those landfills to install and operate a gas collection and control system that is routed to a gas control device, as provided. The regulations define gas control device to mean a device used to dispose of or treat collected landfill gas, including, but not limited to, an enclosed flare. The regulations require a flare to be equipped with continuous recording temperature sensors.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, as defined. The act authorizes the department to certify a local enforcement agency and requires the department 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.This bill would require an operator of a solid waste landfill to continuously monitor temperature sensors on flares for landfill gas temperature and to provide temperature sensor data on its internet website and to its local enforcement agency, as specified. If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, the bill would require the operator of the landfill to take specified actions, including filing a corrective action plan, and would require the local enforcement agency and the county to provide specified notifications. If the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, the bill would require additional actions, including, but not limited to, the Department of Resources Recycling and Recovery forming and leading a multiagency coordination group to investigate the sustained gas temperature and provide advice on how to resolve it. If the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, the bill would require additional actions, including, but not limited to, the suspension or revocation of permits required to operate the landfill. By requiring local entities to perform additional duties, the bill would impose a state-mandated local program.If an operator of a solid waste landfill fails to provide a corrective plan or fails to provide notice of a sustained gas temperature by the specified due date, the bill would require the department or a local enforcement agency to impose a penalty not to exceed $10,000 per day and would authorize the suspension or revocation of permits required to operate the landfill. The bill would require the department or local enforcement agency to impose a penalty not to exceed $1,000,000 for each week that gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days. The bill would require all penalties to be deposited into the Landfill Subsurface Fire Mitigation Account, which the bill would create, to be used upon appropriation by the Legislature to mitigate harm to a person or community adversely affected by a solid waste landfill with a gas temperature of 131 degrees Fahrenheit or higher for longer than 60 days. The bill would require any permit suspended or revoked pursuant to these provisions to be reinstated when, among others, gas temperature decreases to below 131 degrees Fahrenheit for 60 days or longer.This bill would require an operator of a solid waste landfill to reimburse public entities for their costs, as specified.(2) 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.Existing law establishes the Office of Emergency Services, the director of which is charged with overseeing the administration of disaster assistance under the California Disaster Assistance Act. Existing law creates the Disaster Assistance Fund as a special fund in the State Treasury and makes continuous appropriations to effect the purposes of that act. Existing law authorizes the director to allocate funds to state and local agencies, as provided.This bill would express the intent of the Legislature to enact subsequent legislation that would appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster, as provided, and would also make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe 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, the following definitions apply:(1) Gas temperature is the temperature of underground landfill gas as reported by a temperature sensor.(2) Landfill gas has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(3) MSW landfill means a municipal solid waste landfill, as defined by Section 95475 of Title 17 of the California Code of Regulations.(4) Operator has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(5) Resolution means all of the following have occurred:(A) An event described in subdivision (c), (d), or (e) occurs, followed by gas temperature decreasing to below 131 degrees Fahrenheit for 60 days or longer, so that an event described in subdivision (c) no longer exists.(B) For an event described in subdivision (d) or (e), the multiagency coordination group described in paragraph (3) of subdivision (d) completes its investigation.(C) The operator of the MSW landfill provides notice to residents surrounding the MSW landfill to inform them of the gas temperature decrease.(6) Temperature sensor means a continuous recording temperature sensor on a flare, as required by subparagraph (A) of paragraph (2) of subdivision (b) of Section 95464 of Title 17 of the California Code of Regulations.(b) The operator of a MSW landfill shall do all of the following:(1) Continuously monitor a temperature sensor for gas temperature.(2) On a monthly basis, provide to the local enforcement agency gas temperature data for each temperature sensor for the prior month.(3) Post the data described in paragraph (2) on its internet website on the same day the operator provides the data to the local enforcement agency.(c) If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within 14 days, the operator shall file with the local enforcement agency both the actions it has taken in response to the sustained gas temperature and its investigation plan.(3) Within 14 days of notice to the local enforcement agency from the operator, both of the following shall be done:(A) The local enforcement agency shall alert the department of the sustained gas temperature and shall provide the operators investigation report to the department.(B) The county shall send to residents a notice regarding the sustained gas temperature. The notice shall include a United States Environmental Protection Agency fact sheet on elevated gas temperature. The county shall send monthly updates to residents surrounding the MSW landfill until resolution.(4) (A) Within 45 days, the operator shall file a corrective action plan with the local enforcement agency.(B) Within 14 days of receipt of the corrective action plan, the local enforcement agency shall send the corrective action plan to the department.(d) In addition to the requirements in subdivision (c), if the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within seven days, the operator shall notify the department of the sustained gas temperature.(3) Within 90 days, a multiagency coordination group shall conduct and conclude an investigation into the sustained gas temperature and provide advice on how to achieve resolution. A state agency shall provide any resources required by the multiagency coordination group to complete its investigation and to achieve resolution. The department shall form and lead the multiagency coordination group comprising all of the following:(A) The California Environmental Protection Agency.(B) The California regional water quality control board with jurisdiction over the MSW landfill.(C) The department.(D) The Department of Toxic Substances Control.(E) The local enforcement agency.(F) The State Air Resources Board.(G) The State Department of Public Health.(H) The United States Environmental Protection Agency.(4) The operator shall take corrective action as advised by the multiagency coordination groups investigation described in paragraph (3). If the operator does not meet deadlines provided in the multiagency coordination groups advice, then the local enforcement agency may suspend or revoke the operators permits to operate the MSW landfill.(5) The multiagency coordination group shall continue to monitor the situation and advise until resolution.(e) In addition to the requirements in subdivisions (c) and (d), if the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) If the local enforcement agency has been designated to proclaim a local emergency pursuant to Section 8630 of the Government Code, it shall proclaim a local emergency. If the local enforcement agency has not been designated to proclaim a local emergency, it shall request a local emergency be proclaimed by the appropriate city, county, or city and county pursuant to Section 8630 of the Government Code.(3) Within 14 days, the local enforcement agency or the department shall suspend or revoke the operators permits to operate the MSW landfill.(f) A local enforcement agency shall maintain constant communication with the department to ensure there is a prepared plan in place for the sustained gas temperatures described in subdivisions (c), (d), and (e).(g) (1) The department or local enforcement agency may suspend or revoke the operators permit to operate the MSW landfill and shall impose a penalty not to exceed ten thousand dollars ($10,000) per day for failing to comply with any of the following:(A) Paragraph (1) or (2) of subdivision (c).(B) Subparagraph (A) of paragraph (4) of subdivision (c).(C) Paragraph (1) or (2) of subdivision (d).(D) Paragraph (1) of subdivision (e).(2) The department or local enforcement agency shall impose a penalty not to exceed one million dollars ($1,000,000) for each week that a sustained gas temperature described in subdivision (e) exists.(3) All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Account, which is hereby created. Upon appropriation by the Legislature, moneys in the Landfill Subsurface Fire Mitigation Account shall be available for expenditure by the department to mitigate harm to a person or community adversely affected by an event described in subdivision (c), (d), or (e). The department shall prioritize use of penalty moneys to a person or community adversely affected by an event at the MSW landfill for which the penalty was imposed.(4) Part 5 (commencing with Section 45000) does not apply to this section.(h) (1) The department and local enforcement agency shall comply with Article 2 (commencing with section 44305) of Chapter 4 when suspending or revoking a permit pursuant to this section.(2) A permit suspended or revoked pursuant to this section shall be reinstated upon resolution.(i) An operator shall reimburse each of the following for the actual and reasonable costs they incur pursuant to this section:(1) The department.(2) A local enforcement agency.(3) A county.(4) Any other state or local agency.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.SECTION 1.(a)The Legislature finds and declares all of the following:(1)There are ongoing and continuous health and safety impacts to the communities adjacent to the Chiquita Canyon Landfill.(2)Since 2022, there has been an underground smoldering event in a closed portion of the Chiquita Canyon Landfill. This event has resulted in airborne emissions, as well as leachate and runoff that has entered the surrounding ecosystem and neighborhoods.(3)It is now clear that, despite millions of dollars spent on mitigation and a multiagency response, the chemical fire will likely be burning for many years. Toxic chemicals, such as benzene, will poison the air and the individuals who reside in this area for years, thereby placing the public and environment at an unacceptable risk.(4)The adjacent community is also in crisis, with widespread reports of daily and long-term health symptoms and illness. Doctors are informing their patients who are residents of this area that they must remove themselves from this toxic area to protect the health of their families. Currently, residents are left without resources to support relocation efforts.(b)Therefore, it is the intent of the Legislature to enact subsequent legislation to do both of the following:(1)To appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster.(2)To appropriate $____ million for the express purpose of moving residents impacted by the Chiquita Canyon Landfill disaster away from this hazardous zone until unsafe conditions have been totally and permanently remediated.
1+CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 28Introduced by Assembly Member Schiavo(Coauthors: Assembly Members Bennett and Hart)(Coauthor: Senator Stern)December 02, 2024 An act relating to emergency services. LEGISLATIVE COUNSEL'S DIGESTAB 28, as introduced, Schiavo. Relocation assistance: Chiquita Canyon Landfill disaster.Existing law establishes the Office of Emergency Services, the director of which is charged with overseeing the administration of disaster assistance under the California Disaster Assistance Act. Existing law creates the Disaster Assistance Fund as a special fund in the State Treasury and makes continuous appropriations to effect the purposes of that act. Existing law authorizes the director to allocate funds to state and local agencies, as provided.This bill would express the intent of the Legislature to enact subsequent legislation that would appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster, as provided, and would also make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) There are ongoing and continuous health and safety impacts to the communities adjacent to the Chiquita Canyon Landfill.(2) Since 2022, there has been an underground smoldering event in a closed portion of the Chiquita Canyon Landfill. This event has resulted in airborne emissions, as well as leachate and runoff that has entered the surrounding ecosystem and neighborhoods.(3) It is now clear that, despite millions of dollars spent on mitigation and a multiagency response, the chemical fire will likely be burning for many years. Toxic chemicals, such as benzene, will poison the air and the individuals who reside in this area for years, thereby placing the public and environment at an unacceptable risk.(4) The adjacent community is also in crisis, with widespread reports of daily and long-term health symptoms and illness. Doctors are informing their patients who are residents of this area that they must remove themselves from this toxic area to protect the health of their families. Currently, residents are left without resources to support relocation efforts.(b) Therefore, it is the intent of the Legislature to enact subsequent legislation to do both of the following:(1) To appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster.(2) To appropriate $____ million for the express purpose of moving residents impacted by the Chiquita Canyon Landfill disaster away from this hazardous zone until unsafe conditions have been totally and permanently remediated.
22
3- Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 28Introduced by Assembly Member Schiavo(Coauthors: Assembly Members Bennett and Hart)(Coauthor: Senator Stern)December 02, 2024 An act relating to emergency services. to add Section 43031 to the Public Resources Code, relating to solid waste.LEGISLATIVE COUNSEL'S DIGESTAB 28, as amended, Schiavo. Relocation assistance: Chiquita Canyon Landfill disaster. Solid waste landfills: subsurface temperatures.(1) 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.Pursuant to that authority, the state board adopted regulations governing methane emissions from solid waste landfills. The regulations require an owner or operator of those landfills to install and operate a gas collection and control system that is routed to a gas control device, as provided. The regulations define gas control device to mean a device used to dispose of or treat collected landfill gas, including, but not limited to, an enclosed flare. The regulations require a flare to be equipped with continuous recording temperature sensors.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, as defined. The act authorizes the department to certify a local enforcement agency and requires the department 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.This bill would require an operator of a solid waste landfill to continuously monitor temperature sensors on flares for landfill gas temperature and to provide temperature sensor data on its internet website and to its local enforcement agency, as specified. If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, the bill would require the operator of the landfill to take specified actions, including filing a corrective action plan, and would require the local enforcement agency and the county to provide specified notifications. If the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, the bill would require additional actions, including, but not limited to, the Department of Resources Recycling and Recovery forming and leading a multiagency coordination group to investigate the sustained gas temperature and provide advice on how to resolve it. If the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, the bill would require additional actions, including, but not limited to, the suspension or revocation of permits required to operate the landfill. By requiring local entities to perform additional duties, the bill would impose a state-mandated local program.If an operator of a solid waste landfill fails to provide a corrective plan or fails to provide notice of a sustained gas temperature by the specified due date, the bill would require the department or a local enforcement agency to impose a penalty not to exceed $10,000 per day and would authorize the suspension or revocation of permits required to operate the landfill. The bill would require the department or local enforcement agency to impose a penalty not to exceed $1,000,000 for each week that gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days. The bill would require all penalties to be deposited into the Landfill Subsurface Fire Mitigation Account, which the bill would create, to be used upon appropriation by the Legislature to mitigate harm to a person or community adversely affected by a solid waste landfill with a gas temperature of 131 degrees Fahrenheit or higher for longer than 60 days. The bill would require any permit suspended or revoked pursuant to these provisions to be reinstated when, among others, gas temperature decreases to below 131 degrees Fahrenheit for 60 days or longer.This bill would require an operator of a solid waste landfill to reimburse public entities for their costs, as specified.(2) 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.Existing law establishes the Office of Emergency Services, the director of which is charged with overseeing the administration of disaster assistance under the California Disaster Assistance Act. Existing law creates the Disaster Assistance Fund as a special fund in the State Treasury and makes continuous appropriations to effect the purposes of that act. Existing law authorizes the director to allocate funds to state and local agencies, as provided.This bill would express the intent of the Legislature to enact subsequent legislation that would appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster, as provided, and would also make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
3+ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 28Introduced by Assembly Member Schiavo(Coauthors: Assembly Members Bennett and Hart)(Coauthor: Senator Stern)December 02, 2024 An act relating to emergency services. LEGISLATIVE COUNSEL'S DIGESTAB 28, as introduced, Schiavo. Relocation assistance: Chiquita Canyon Landfill disaster.Existing law establishes the Office of Emergency Services, the director of which is charged with overseeing the administration of disaster assistance under the California Disaster Assistance Act. Existing law creates the Disaster Assistance Fund as a special fund in the State Treasury and makes continuous appropriations to effect the purposes of that act. Existing law authorizes the director to allocate funds to state and local agencies, as provided.This bill would express the intent of the Legislature to enact subsequent legislation that would appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster, as provided, and would also make related findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
44
5- Amended IN Assembly March 24, 2025
65
7-Amended IN Assembly March 24, 2025
6+
7+
88
99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 28
1414
1515 Introduced by Assembly Member Schiavo(Coauthors: Assembly Members Bennett and Hart)(Coauthor: Senator Stern)December 02, 2024
1616
1717 Introduced by Assembly Member Schiavo(Coauthors: Assembly Members Bennett and Hart)(Coauthor: Senator Stern)
1818 December 02, 2024
1919
20- An act relating to emergency services. to add Section 43031 to the Public Resources Code, relating to solid waste.
20+ An act relating to emergency services.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
26-AB 28, as amended, Schiavo. Relocation assistance: Chiquita Canyon Landfill disaster. Solid waste landfills: subsurface temperatures.
26+AB 28, as introduced, Schiavo. Relocation assistance: Chiquita Canyon Landfill disaster.
2727
28-(1) 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.Pursuant to that authority, the state board adopted regulations governing methane emissions from solid waste landfills. The regulations require an owner or operator of those landfills to install and operate a gas collection and control system that is routed to a gas control device, as provided. The regulations define gas control device to mean a device used to dispose of or treat collected landfill gas, including, but not limited to, an enclosed flare. The regulations require a flare to be equipped with continuous recording temperature sensors.The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, as defined. The act authorizes the department to certify a local enforcement agency and requires the department 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.This bill would require an operator of a solid waste landfill to continuously monitor temperature sensors on flares for landfill gas temperature and to provide temperature sensor data on its internet website and to its local enforcement agency, as specified. If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, the bill would require the operator of the landfill to take specified actions, including filing a corrective action plan, and would require the local enforcement agency and the county to provide specified notifications. If the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, the bill would require additional actions, including, but not limited to, the Department of Resources Recycling and Recovery forming and leading a multiagency coordination group to investigate the sustained gas temperature and provide advice on how to resolve it. If the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, the bill would require additional actions, including, but not limited to, the suspension or revocation of permits required to operate the landfill. By requiring local entities to perform additional duties, the bill would impose a state-mandated local program.If an operator of a solid waste landfill fails to provide a corrective plan or fails to provide notice of a sustained gas temperature by the specified due date, the bill would require the department or a local enforcement agency to impose a penalty not to exceed $10,000 per day and would authorize the suspension or revocation of permits required to operate the landfill. The bill would require the department or local enforcement agency to impose a penalty not to exceed $1,000,000 for each week that gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days. The bill would require all penalties to be deposited into the Landfill Subsurface Fire Mitigation Account, which the bill would create, to be used upon appropriation by the Legislature to mitigate harm to a person or community adversely affected by a solid waste landfill with a gas temperature of 131 degrees Fahrenheit or higher for longer than 60 days. The bill would require any permit suspended or revoked pursuant to these provisions to be reinstated when, among others, gas temperature decreases to below 131 degrees Fahrenheit for 60 days or longer.This bill would require an operator of a solid waste landfill to reimburse public entities for their costs, as specified.(2) 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.Existing law establishes the Office of Emergency Services, the director of which is charged with overseeing the administration of disaster assistance under the California Disaster Assistance Act. Existing law creates the Disaster Assistance Fund as a special fund in the State Treasury and makes continuous appropriations to effect the purposes of that act. Existing law authorizes the director to allocate funds to state and local agencies, as provided.This bill would express the intent of the Legislature to enact subsequent legislation that would appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster, as provided, and would also make related findings and declarations.
29-
30-(1) 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.
31-
32-Pursuant to that authority, the state board adopted regulations governing methane emissions from solid waste landfills. The regulations require an owner or operator of those landfills to install and operate a gas collection and control system that is routed to a gas control device, as provided. The regulations define gas control device to mean a device used to dispose of or treat collected landfill gas, including, but not limited to, an enclosed flare. The regulations require a flare to be equipped with continuous recording temperature sensors.
33-
34-The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, as defined. The act authorizes the department to certify a local enforcement agency and requires the department 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.
35-
36-This bill would require an operator of a solid waste landfill to continuously monitor temperature sensors on flares for landfill gas temperature and to provide temperature sensor data on its internet website and to its local enforcement agency, as specified. If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, the bill would require the operator of the landfill to take specified actions, including filing a corrective action plan, and would require the local enforcement agency and the county to provide specified notifications. If the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, the bill would require additional actions, including, but not limited to, the Department of Resources Recycling and Recovery forming and leading a multiagency coordination group to investigate the sustained gas temperature and provide advice on how to resolve it. If the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, the bill would require additional actions, including, but not limited to, the suspension or revocation of permits required to operate the landfill. By requiring local entities to perform additional duties, the bill would impose a state-mandated local program.
37-
38-If an operator of a solid waste landfill fails to provide a corrective plan or fails to provide notice of a sustained gas temperature by the specified due date, the bill would require the department or a local enforcement agency to impose a penalty not to exceed $10,000 per day and would authorize the suspension or revocation of permits required to operate the landfill. The bill would require the department or local enforcement agency to impose a penalty not to exceed $1,000,000 for each week that gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days. The bill would require all penalties to be deposited into the Landfill Subsurface Fire Mitigation Account, which the bill would create, to be used upon appropriation by the Legislature to mitigate harm to a person or community adversely affected by a solid waste landfill with a gas temperature of 131 degrees Fahrenheit or higher for longer than 60 days. The bill would require any permit suspended or revoked pursuant to these provisions to be reinstated when, among others, gas temperature decreases to below 131 degrees Fahrenheit for 60 days or longer.
39-
40-This bill would require an operator of a solid waste landfill to reimburse public entities for their costs, as specified.
41-
42-(2) 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.
43-
44-This bill would provide that no reimbursement is required by this act for a specified reason.
28+Existing law establishes the Office of Emergency Services, the director of which is charged with overseeing the administration of disaster assistance under the California Disaster Assistance Act. Existing law creates the Disaster Assistance Fund as a special fund in the State Treasury and makes continuous appropriations to effect the purposes of that act. Existing law authorizes the director to allocate funds to state and local agencies, as provided.This bill would express the intent of the Legislature to enact subsequent legislation that would appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster, as provided, and would also make related findings and declarations.
4529
4630 Existing law establishes the Office of Emergency Services, the director of which is charged with overseeing the administration of disaster assistance under the California Disaster Assistance Act. Existing law creates the Disaster Assistance Fund as a special fund in the State Treasury and makes continuous appropriations to effect the purposes of that act. Existing law authorizes the director to allocate funds to state and local agencies, as provided.
4731
48-
49-
5032 This bill would express the intent of the Legislature to enact subsequent legislation that would appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster, as provided, and would also make related findings and declarations.
51-
52-
5333
5434 ## Digest Key
5535
5636 ## Bill Text
5737
58-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, the following definitions apply:(1) Gas temperature is the temperature of underground landfill gas as reported by a temperature sensor.(2) Landfill gas has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(3) MSW landfill means a municipal solid waste landfill, as defined by Section 95475 of Title 17 of the California Code of Regulations.(4) Operator has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(5) Resolution means all of the following have occurred:(A) An event described in subdivision (c), (d), or (e) occurs, followed by gas temperature decreasing to below 131 degrees Fahrenheit for 60 days or longer, so that an event described in subdivision (c) no longer exists.(B) For an event described in subdivision (d) or (e), the multiagency coordination group described in paragraph (3) of subdivision (d) completes its investigation.(C) The operator of the MSW landfill provides notice to residents surrounding the MSW landfill to inform them of the gas temperature decrease.(6) Temperature sensor means a continuous recording temperature sensor on a flare, as required by subparagraph (A) of paragraph (2) of subdivision (b) of Section 95464 of Title 17 of the California Code of Regulations.(b) The operator of a MSW landfill shall do all of the following:(1) Continuously monitor a temperature sensor for gas temperature.(2) On a monthly basis, provide to the local enforcement agency gas temperature data for each temperature sensor for the prior month.(3) Post the data described in paragraph (2) on its internet website on the same day the operator provides the data to the local enforcement agency.(c) If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within 14 days, the operator shall file with the local enforcement agency both the actions it has taken in response to the sustained gas temperature and its investigation plan.(3) Within 14 days of notice to the local enforcement agency from the operator, both of the following shall be done:(A) The local enforcement agency shall alert the department of the sustained gas temperature and shall provide the operators investigation report to the department.(B) The county shall send to residents a notice regarding the sustained gas temperature. The notice shall include a United States Environmental Protection Agency fact sheet on elevated gas temperature. The county shall send monthly updates to residents surrounding the MSW landfill until resolution.(4) (A) Within 45 days, the operator shall file a corrective action plan with the local enforcement agency.(B) Within 14 days of receipt of the corrective action plan, the local enforcement agency shall send the corrective action plan to the department.(d) In addition to the requirements in subdivision (c), if the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within seven days, the operator shall notify the department of the sustained gas temperature.(3) Within 90 days, a multiagency coordination group shall conduct and conclude an investigation into the sustained gas temperature and provide advice on how to achieve resolution. A state agency shall provide any resources required by the multiagency coordination group to complete its investigation and to achieve resolution. The department shall form and lead the multiagency coordination group comprising all of the following:(A) The California Environmental Protection Agency.(B) The California regional water quality control board with jurisdiction over the MSW landfill.(C) The department.(D) The Department of Toxic Substances Control.(E) The local enforcement agency.(F) The State Air Resources Board.(G) The State Department of Public Health.(H) The United States Environmental Protection Agency.(4) The operator shall take corrective action as advised by the multiagency coordination groups investigation described in paragraph (3). If the operator does not meet deadlines provided in the multiagency coordination groups advice, then the local enforcement agency may suspend or revoke the operators permits to operate the MSW landfill.(5) The multiagency coordination group shall continue to monitor the situation and advise until resolution.(e) In addition to the requirements in subdivisions (c) and (d), if the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) If the local enforcement agency has been designated to proclaim a local emergency pursuant to Section 8630 of the Government Code, it shall proclaim a local emergency. If the local enforcement agency has not been designated to proclaim a local emergency, it shall request a local emergency be proclaimed by the appropriate city, county, or city and county pursuant to Section 8630 of the Government Code.(3) Within 14 days, the local enforcement agency or the department shall suspend or revoke the operators permits to operate the MSW landfill.(f) A local enforcement agency shall maintain constant communication with the department to ensure there is a prepared plan in place for the sustained gas temperatures described in subdivisions (c), (d), and (e).(g) (1) The department or local enforcement agency may suspend or revoke the operators permit to operate the MSW landfill and shall impose a penalty not to exceed ten thousand dollars ($10,000) per day for failing to comply with any of the following:(A) Paragraph (1) or (2) of subdivision (c).(B) Subparagraph (A) of paragraph (4) of subdivision (c).(C) Paragraph (1) or (2) of subdivision (d).(D) Paragraph (1) of subdivision (e).(2) The department or local enforcement agency shall impose a penalty not to exceed one million dollars ($1,000,000) for each week that a sustained gas temperature described in subdivision (e) exists.(3) All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Account, which is hereby created. Upon appropriation by the Legislature, moneys in the Landfill Subsurface Fire Mitigation Account shall be available for expenditure by the department to mitigate harm to a person or community adversely affected by an event described in subdivision (c), (d), or (e). The department shall prioritize use of penalty moneys to a person or community adversely affected by an event at the MSW landfill for which the penalty was imposed.(4) Part 5 (commencing with Section 45000) does not apply to this section.(h) (1) The department and local enforcement agency shall comply with Article 2 (commencing with section 44305) of Chapter 4 when suspending or revoking a permit pursuant to this section.(2) A permit suspended or revoked pursuant to this section shall be reinstated upon resolution.(i) An operator shall reimburse each of the following for the actual and reasonable costs they incur pursuant to this section:(1) The department.(2) A local enforcement agency.(3) A county.(4) Any other state or local agency.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.SECTION 1.(a)The Legislature finds and declares all of the following:(1)There are ongoing and continuous health and safety impacts to the communities adjacent to the Chiquita Canyon Landfill.(2)Since 2022, there has been an underground smoldering event in a closed portion of the Chiquita Canyon Landfill. This event has resulted in airborne emissions, as well as leachate and runoff that has entered the surrounding ecosystem and neighborhoods.(3)It is now clear that, despite millions of dollars spent on mitigation and a multiagency response, the chemical fire will likely be burning for many years. Toxic chemicals, such as benzene, will poison the air and the individuals who reside in this area for years, thereby placing the public and environment at an unacceptable risk.(4)The adjacent community is also in crisis, with widespread reports of daily and long-term health symptoms and illness. Doctors are informing their patients who are residents of this area that they must remove themselves from this toxic area to protect the health of their families. Currently, residents are left without resources to support relocation efforts.(b)Therefore, it is the intent of the Legislature to enact subsequent legislation to do both of the following:(1)To appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster.(2)To appropriate $____ million for the express purpose of moving residents impacted by the Chiquita Canyon Landfill disaster away from this hazardous zone until unsafe conditions have been totally and permanently remediated.
38+The people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) There are ongoing and continuous health and safety impacts to the communities adjacent to the Chiquita Canyon Landfill.(2) Since 2022, there has been an underground smoldering event in a closed portion of the Chiquita Canyon Landfill. This event has resulted in airborne emissions, as well as leachate and runoff that has entered the surrounding ecosystem and neighborhoods.(3) It is now clear that, despite millions of dollars spent on mitigation and a multiagency response, the chemical fire will likely be burning for many years. Toxic chemicals, such as benzene, will poison the air and the individuals who reside in this area for years, thereby placing the public and environment at an unacceptable risk.(4) The adjacent community is also in crisis, with widespread reports of daily and long-term health symptoms and illness. Doctors are informing their patients who are residents of this area that they must remove themselves from this toxic area to protect the health of their families. Currently, residents are left without resources to support relocation efforts.(b) Therefore, it is the intent of the Legislature to enact subsequent legislation to do both of the following:(1) To appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster.(2) To appropriate $____ million for the express purpose of moving residents impacted by the Chiquita Canyon Landfill disaster away from this hazardous zone until unsafe conditions have been totally and permanently remediated.
5939
6040 The people of the State of California do enact as follows:
6141
6242 ## The people of the State of California do enact as follows:
6343
64-SECTION 1. Section 43031 is added to the Public Resources Code, to read:43031. (a) For purposes of this section, the following definitions apply:(1) Gas temperature is the temperature of underground landfill gas as reported by a temperature sensor.(2) Landfill gas has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(3) MSW landfill means a municipal solid waste landfill, as defined by Section 95475 of Title 17 of the California Code of Regulations.(4) Operator has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(5) Resolution means all of the following have occurred:(A) An event described in subdivision (c), (d), or (e) occurs, followed by gas temperature decreasing to below 131 degrees Fahrenheit for 60 days or longer, so that an event described in subdivision (c) no longer exists.(B) For an event described in subdivision (d) or (e), the multiagency coordination group described in paragraph (3) of subdivision (d) completes its investigation.(C) The operator of the MSW landfill provides notice to residents surrounding the MSW landfill to inform them of the gas temperature decrease.(6) Temperature sensor means a continuous recording temperature sensor on a flare, as required by subparagraph (A) of paragraph (2) of subdivision (b) of Section 95464 of Title 17 of the California Code of Regulations.(b) The operator of a MSW landfill shall do all of the following:(1) Continuously monitor a temperature sensor for gas temperature.(2) On a monthly basis, provide to the local enforcement agency gas temperature data for each temperature sensor for the prior month.(3) Post the data described in paragraph (2) on its internet website on the same day the operator provides the data to the local enforcement agency.(c) If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within 14 days, the operator shall file with the local enforcement agency both the actions it has taken in response to the sustained gas temperature and its investigation plan.(3) Within 14 days of notice to the local enforcement agency from the operator, both of the following shall be done:(A) The local enforcement agency shall alert the department of the sustained gas temperature and shall provide the operators investigation report to the department.(B) The county shall send to residents a notice regarding the sustained gas temperature. The notice shall include a United States Environmental Protection Agency fact sheet on elevated gas temperature. The county shall send monthly updates to residents surrounding the MSW landfill until resolution.(4) (A) Within 45 days, the operator shall file a corrective action plan with the local enforcement agency.(B) Within 14 days of receipt of the corrective action plan, the local enforcement agency shall send the corrective action plan to the department.(d) In addition to the requirements in subdivision (c), if the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within seven days, the operator shall notify the department of the sustained gas temperature.(3) Within 90 days, a multiagency coordination group shall conduct and conclude an investigation into the sustained gas temperature and provide advice on how to achieve resolution. A state agency shall provide any resources required by the multiagency coordination group to complete its investigation and to achieve resolution. The department shall form and lead the multiagency coordination group comprising all of the following:(A) The California Environmental Protection Agency.(B) The California regional water quality control board with jurisdiction over the MSW landfill.(C) The department.(D) The Department of Toxic Substances Control.(E) The local enforcement agency.(F) The State Air Resources Board.(G) The State Department of Public Health.(H) The United States Environmental Protection Agency.(4) The operator shall take corrective action as advised by the multiagency coordination groups investigation described in paragraph (3). If the operator does not meet deadlines provided in the multiagency coordination groups advice, then the local enforcement agency may suspend or revoke the operators permits to operate the MSW landfill.(5) The multiagency coordination group shall continue to monitor the situation and advise until resolution.(e) In addition to the requirements in subdivisions (c) and (d), if the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) If the local enforcement agency has been designated to proclaim a local emergency pursuant to Section 8630 of the Government Code, it shall proclaim a local emergency. If the local enforcement agency has not been designated to proclaim a local emergency, it shall request a local emergency be proclaimed by the appropriate city, county, or city and county pursuant to Section 8630 of the Government Code.(3) Within 14 days, the local enforcement agency or the department shall suspend or revoke the operators permits to operate the MSW landfill.(f) A local enforcement agency shall maintain constant communication with the department to ensure there is a prepared plan in place for the sustained gas temperatures described in subdivisions (c), (d), and (e).(g) (1) The department or local enforcement agency may suspend or revoke the operators permit to operate the MSW landfill and shall impose a penalty not to exceed ten thousand dollars ($10,000) per day for failing to comply with any of the following:(A) Paragraph (1) or (2) of subdivision (c).(B) Subparagraph (A) of paragraph (4) of subdivision (c).(C) Paragraph (1) or (2) of subdivision (d).(D) Paragraph (1) of subdivision (e).(2) The department or local enforcement agency shall impose a penalty not to exceed one million dollars ($1,000,000) for each week that a sustained gas temperature described in subdivision (e) exists.(3) All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Account, which is hereby created. Upon appropriation by the Legislature, moneys in the Landfill Subsurface Fire Mitigation Account shall be available for expenditure by the department to mitigate harm to a person or community adversely affected by an event described in subdivision (c), (d), or (e). The department shall prioritize use of penalty moneys to a person or community adversely affected by an event at the MSW landfill for which the penalty was imposed.(4) Part 5 (commencing with Section 45000) does not apply to this section.(h) (1) The department and local enforcement agency shall comply with Article 2 (commencing with section 44305) of Chapter 4 when suspending or revoking a permit pursuant to this section.(2) A permit suspended or revoked pursuant to this section shall be reinstated upon resolution.(i) An operator shall reimburse each of the following for the actual and reasonable costs they incur pursuant to this section:(1) The department.(2) A local enforcement agency.(3) A county.(4) Any other state or local agency.
44+SECTION 1. (a) The Legislature finds and declares all of the following:(1) There are ongoing and continuous health and safety impacts to the communities adjacent to the Chiquita Canyon Landfill.(2) Since 2022, there has been an underground smoldering event in a closed portion of the Chiquita Canyon Landfill. This event has resulted in airborne emissions, as well as leachate and runoff that has entered the surrounding ecosystem and neighborhoods.(3) It is now clear that, despite millions of dollars spent on mitigation and a multiagency response, the chemical fire will likely be burning for many years. Toxic chemicals, such as benzene, will poison the air and the individuals who reside in this area for years, thereby placing the public and environment at an unacceptable risk.(4) The adjacent community is also in crisis, with widespread reports of daily and long-term health symptoms and illness. Doctors are informing their patients who are residents of this area that they must remove themselves from this toxic area to protect the health of their families. Currently, residents are left without resources to support relocation efforts.(b) Therefore, it is the intent of the Legislature to enact subsequent legislation to do both of the following:(1) To appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster.(2) To appropriate $____ million for the express purpose of moving residents impacted by the Chiquita Canyon Landfill disaster away from this hazardous zone until unsafe conditions have been totally and permanently remediated.
6545
66-SECTION 1. Section 43031 is added to the Public Resources Code, to read:
46+SECTION 1. (a) The Legislature finds and declares all of the following:(1) There are ongoing and continuous health and safety impacts to the communities adjacent to the Chiquita Canyon Landfill.(2) Since 2022, there has been an underground smoldering event in a closed portion of the Chiquita Canyon Landfill. This event has resulted in airborne emissions, as well as leachate and runoff that has entered the surrounding ecosystem and neighborhoods.(3) It is now clear that, despite millions of dollars spent on mitigation and a multiagency response, the chemical fire will likely be burning for many years. Toxic chemicals, such as benzene, will poison the air and the individuals who reside in this area for years, thereby placing the public and environment at an unacceptable risk.(4) The adjacent community is also in crisis, with widespread reports of daily and long-term health symptoms and illness. Doctors are informing their patients who are residents of this area that they must remove themselves from this toxic area to protect the health of their families. Currently, residents are left without resources to support relocation efforts.(b) Therefore, it is the intent of the Legislature to enact subsequent legislation to do both of the following:(1) To appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster.(2) To appropriate $____ million for the express purpose of moving residents impacted by the Chiquita Canyon Landfill disaster away from this hazardous zone until unsafe conditions have been totally and permanently remediated.
47+
48+SECTION 1. (a) The Legislature finds and declares all of the following:
6749
6850 ### SECTION 1.
6951
70-43031. (a) For purposes of this section, the following definitions apply:(1) Gas temperature is the temperature of underground landfill gas as reported by a temperature sensor.(2) Landfill gas has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(3) MSW landfill means a municipal solid waste landfill, as defined by Section 95475 of Title 17 of the California Code of Regulations.(4) Operator has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(5) Resolution means all of the following have occurred:(A) An event described in subdivision (c), (d), or (e) occurs, followed by gas temperature decreasing to below 131 degrees Fahrenheit for 60 days or longer, so that an event described in subdivision (c) no longer exists.(B) For an event described in subdivision (d) or (e), the multiagency coordination group described in paragraph (3) of subdivision (d) completes its investigation.(C) The operator of the MSW landfill provides notice to residents surrounding the MSW landfill to inform them of the gas temperature decrease.(6) Temperature sensor means a continuous recording temperature sensor on a flare, as required by subparagraph (A) of paragraph (2) of subdivision (b) of Section 95464 of Title 17 of the California Code of Regulations.(b) The operator of a MSW landfill shall do all of the following:(1) Continuously monitor a temperature sensor for gas temperature.(2) On a monthly basis, provide to the local enforcement agency gas temperature data for each temperature sensor for the prior month.(3) Post the data described in paragraph (2) on its internet website on the same day the operator provides the data to the local enforcement agency.(c) If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within 14 days, the operator shall file with the local enforcement agency both the actions it has taken in response to the sustained gas temperature and its investigation plan.(3) Within 14 days of notice to the local enforcement agency from the operator, both of the following shall be done:(A) The local enforcement agency shall alert the department of the sustained gas temperature and shall provide the operators investigation report to the department.(B) The county shall send to residents a notice regarding the sustained gas temperature. The notice shall include a United States Environmental Protection Agency fact sheet on elevated gas temperature. The county shall send monthly updates to residents surrounding the MSW landfill until resolution.(4) (A) Within 45 days, the operator shall file a corrective action plan with the local enforcement agency.(B) Within 14 days of receipt of the corrective action plan, the local enforcement agency shall send the corrective action plan to the department.(d) In addition to the requirements in subdivision (c), if the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within seven days, the operator shall notify the department of the sustained gas temperature.(3) Within 90 days, a multiagency coordination group shall conduct and conclude an investigation into the sustained gas temperature and provide advice on how to achieve resolution. A state agency shall provide any resources required by the multiagency coordination group to complete its investigation and to achieve resolution. The department shall form and lead the multiagency coordination group comprising all of the following:(A) The California Environmental Protection Agency.(B) The California regional water quality control board with jurisdiction over the MSW landfill.(C) The department.(D) The Department of Toxic Substances Control.(E) The local enforcement agency.(F) The State Air Resources Board.(G) The State Department of Public Health.(H) The United States Environmental Protection Agency.(4) The operator shall take corrective action as advised by the multiagency coordination groups investigation described in paragraph (3). If the operator does not meet deadlines provided in the multiagency coordination groups advice, then the local enforcement agency may suspend or revoke the operators permits to operate the MSW landfill.(5) The multiagency coordination group shall continue to monitor the situation and advise until resolution.(e) In addition to the requirements in subdivisions (c) and (d), if the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) If the local enforcement agency has been designated to proclaim a local emergency pursuant to Section 8630 of the Government Code, it shall proclaim a local emergency. If the local enforcement agency has not been designated to proclaim a local emergency, it shall request a local emergency be proclaimed by the appropriate city, county, or city and county pursuant to Section 8630 of the Government Code.(3) Within 14 days, the local enforcement agency or the department shall suspend or revoke the operators permits to operate the MSW landfill.(f) A local enforcement agency shall maintain constant communication with the department to ensure there is a prepared plan in place for the sustained gas temperatures described in subdivisions (c), (d), and (e).(g) (1) The department or local enforcement agency may suspend or revoke the operators permit to operate the MSW landfill and shall impose a penalty not to exceed ten thousand dollars ($10,000) per day for failing to comply with any of the following:(A) Paragraph (1) or (2) of subdivision (c).(B) Subparagraph (A) of paragraph (4) of subdivision (c).(C) Paragraph (1) or (2) of subdivision (d).(D) Paragraph (1) of subdivision (e).(2) The department or local enforcement agency shall impose a penalty not to exceed one million dollars ($1,000,000) for each week that a sustained gas temperature described in subdivision (e) exists.(3) All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Account, which is hereby created. Upon appropriation by the Legislature, moneys in the Landfill Subsurface Fire Mitigation Account shall be available for expenditure by the department to mitigate harm to a person or community adversely affected by an event described in subdivision (c), (d), or (e). The department shall prioritize use of penalty moneys to a person or community adversely affected by an event at the MSW landfill for which the penalty was imposed.(4) Part 5 (commencing with Section 45000) does not apply to this section.(h) (1) The department and local enforcement agency shall comply with Article 2 (commencing with section 44305) of Chapter 4 when suspending or revoking a permit pursuant to this section.(2) A permit suspended or revoked pursuant to this section shall be reinstated upon resolution.(i) An operator shall reimburse each of the following for the actual and reasonable costs they incur pursuant to this section:(1) The department.(2) A local enforcement agency.(3) A county.(4) Any other state or local agency.
71-
72-43031. (a) For purposes of this section, the following definitions apply:(1) Gas temperature is the temperature of underground landfill gas as reported by a temperature sensor.(2) Landfill gas has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(3) MSW landfill means a municipal solid waste landfill, as defined by Section 95475 of Title 17 of the California Code of Regulations.(4) Operator has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(5) Resolution means all of the following have occurred:(A) An event described in subdivision (c), (d), or (e) occurs, followed by gas temperature decreasing to below 131 degrees Fahrenheit for 60 days or longer, so that an event described in subdivision (c) no longer exists.(B) For an event described in subdivision (d) or (e), the multiagency coordination group described in paragraph (3) of subdivision (d) completes its investigation.(C) The operator of the MSW landfill provides notice to residents surrounding the MSW landfill to inform them of the gas temperature decrease.(6) Temperature sensor means a continuous recording temperature sensor on a flare, as required by subparagraph (A) of paragraph (2) of subdivision (b) of Section 95464 of Title 17 of the California Code of Regulations.(b) The operator of a MSW landfill shall do all of the following:(1) Continuously monitor a temperature sensor for gas temperature.(2) On a monthly basis, provide to the local enforcement agency gas temperature data for each temperature sensor for the prior month.(3) Post the data described in paragraph (2) on its internet website on the same day the operator provides the data to the local enforcement agency.(c) If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within 14 days, the operator shall file with the local enforcement agency both the actions it has taken in response to the sustained gas temperature and its investigation plan.(3) Within 14 days of notice to the local enforcement agency from the operator, both of the following shall be done:(A) The local enforcement agency shall alert the department of the sustained gas temperature and shall provide the operators investigation report to the department.(B) The county shall send to residents a notice regarding the sustained gas temperature. The notice shall include a United States Environmental Protection Agency fact sheet on elevated gas temperature. The county shall send monthly updates to residents surrounding the MSW landfill until resolution.(4) (A) Within 45 days, the operator shall file a corrective action plan with the local enforcement agency.(B) Within 14 days of receipt of the corrective action plan, the local enforcement agency shall send the corrective action plan to the department.(d) In addition to the requirements in subdivision (c), if the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within seven days, the operator shall notify the department of the sustained gas temperature.(3) Within 90 days, a multiagency coordination group shall conduct and conclude an investigation into the sustained gas temperature and provide advice on how to achieve resolution. A state agency shall provide any resources required by the multiagency coordination group to complete its investigation and to achieve resolution. The department shall form and lead the multiagency coordination group comprising all of the following:(A) The California Environmental Protection Agency.(B) The California regional water quality control board with jurisdiction over the MSW landfill.(C) The department.(D) The Department of Toxic Substances Control.(E) The local enforcement agency.(F) The State Air Resources Board.(G) The State Department of Public Health.(H) The United States Environmental Protection Agency.(4) The operator shall take corrective action as advised by the multiagency coordination groups investigation described in paragraph (3). If the operator does not meet deadlines provided in the multiagency coordination groups advice, then the local enforcement agency may suspend or revoke the operators permits to operate the MSW landfill.(5) The multiagency coordination group shall continue to monitor the situation and advise until resolution.(e) In addition to the requirements in subdivisions (c) and (d), if the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) If the local enforcement agency has been designated to proclaim a local emergency pursuant to Section 8630 of the Government Code, it shall proclaim a local emergency. If the local enforcement agency has not been designated to proclaim a local emergency, it shall request a local emergency be proclaimed by the appropriate city, county, or city and county pursuant to Section 8630 of the Government Code.(3) Within 14 days, the local enforcement agency or the department shall suspend or revoke the operators permits to operate the MSW landfill.(f) A local enforcement agency shall maintain constant communication with the department to ensure there is a prepared plan in place for the sustained gas temperatures described in subdivisions (c), (d), and (e).(g) (1) The department or local enforcement agency may suspend or revoke the operators permit to operate the MSW landfill and shall impose a penalty not to exceed ten thousand dollars ($10,000) per day for failing to comply with any of the following:(A) Paragraph (1) or (2) of subdivision (c).(B) Subparagraph (A) of paragraph (4) of subdivision (c).(C) Paragraph (1) or (2) of subdivision (d).(D) Paragraph (1) of subdivision (e).(2) The department or local enforcement agency shall impose a penalty not to exceed one million dollars ($1,000,000) for each week that a sustained gas temperature described in subdivision (e) exists.(3) All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Account, which is hereby created. Upon appropriation by the Legislature, moneys in the Landfill Subsurface Fire Mitigation Account shall be available for expenditure by the department to mitigate harm to a person or community adversely affected by an event described in subdivision (c), (d), or (e). The department shall prioritize use of penalty moneys to a person or community adversely affected by an event at the MSW landfill for which the penalty was imposed.(4) Part 5 (commencing with Section 45000) does not apply to this section.(h) (1) The department and local enforcement agency shall comply with Article 2 (commencing with section 44305) of Chapter 4 when suspending or revoking a permit pursuant to this section.(2) A permit suspended or revoked pursuant to this section shall be reinstated upon resolution.(i) An operator shall reimburse each of the following for the actual and reasonable costs they incur pursuant to this section:(1) The department.(2) A local enforcement agency.(3) A county.(4) Any other state or local agency.
73-
74-43031. (a) For purposes of this section, the following definitions apply:(1) Gas temperature is the temperature of underground landfill gas as reported by a temperature sensor.(2) Landfill gas has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(3) MSW landfill means a municipal solid waste landfill, as defined by Section 95475 of Title 17 of the California Code of Regulations.(4) Operator has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.(5) Resolution means all of the following have occurred:(A) An event described in subdivision (c), (d), or (e) occurs, followed by gas temperature decreasing to below 131 degrees Fahrenheit for 60 days or longer, so that an event described in subdivision (c) no longer exists.(B) For an event described in subdivision (d) or (e), the multiagency coordination group described in paragraph (3) of subdivision (d) completes its investigation.(C) The operator of the MSW landfill provides notice to residents surrounding the MSW landfill to inform them of the gas temperature decrease.(6) Temperature sensor means a continuous recording temperature sensor on a flare, as required by subparagraph (A) of paragraph (2) of subdivision (b) of Section 95464 of Title 17 of the California Code of Regulations.(b) The operator of a MSW landfill shall do all of the following:(1) Continuously monitor a temperature sensor for gas temperature.(2) On a monthly basis, provide to the local enforcement agency gas temperature data for each temperature sensor for the prior month.(3) Post the data described in paragraph (2) on its internet website on the same day the operator provides the data to the local enforcement agency.(c) If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within 14 days, the operator shall file with the local enforcement agency both the actions it has taken in response to the sustained gas temperature and its investigation plan.(3) Within 14 days of notice to the local enforcement agency from the operator, both of the following shall be done:(A) The local enforcement agency shall alert the department of the sustained gas temperature and shall provide the operators investigation report to the department.(B) The county shall send to residents a notice regarding the sustained gas temperature. The notice shall include a United States Environmental Protection Agency fact sheet on elevated gas temperature. The county shall send monthly updates to residents surrounding the MSW landfill until resolution.(4) (A) Within 45 days, the operator shall file a corrective action plan with the local enforcement agency.(B) Within 14 days of receipt of the corrective action plan, the local enforcement agency shall send the corrective action plan to the department.(d) In addition to the requirements in subdivision (c), if the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) Within seven days, the operator shall notify the department of the sustained gas temperature.(3) Within 90 days, a multiagency coordination group shall conduct and conclude an investigation into the sustained gas temperature and provide advice on how to achieve resolution. A state agency shall provide any resources required by the multiagency coordination group to complete its investigation and to achieve resolution. The department shall form and lead the multiagency coordination group comprising all of the following:(A) The California Environmental Protection Agency.(B) The California regional water quality control board with jurisdiction over the MSW landfill.(C) The department.(D) The Department of Toxic Substances Control.(E) The local enforcement agency.(F) The State Air Resources Board.(G) The State Department of Public Health.(H) The United States Environmental Protection Agency.(4) The operator shall take corrective action as advised by the multiagency coordination groups investigation described in paragraph (3). If the operator does not meet deadlines provided in the multiagency coordination groups advice, then the local enforcement agency may suspend or revoke the operators permits to operate the MSW landfill.(5) The multiagency coordination group shall continue to monitor the situation and advise until resolution.(e) In addition to the requirements in subdivisions (c) and (d), if the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.(2) If the local enforcement agency has been designated to proclaim a local emergency pursuant to Section 8630 of the Government Code, it shall proclaim a local emergency. If the local enforcement agency has not been designated to proclaim a local emergency, it shall request a local emergency be proclaimed by the appropriate city, county, or city and county pursuant to Section 8630 of the Government Code.(3) Within 14 days, the local enforcement agency or the department shall suspend or revoke the operators permits to operate the MSW landfill.(f) A local enforcement agency shall maintain constant communication with the department to ensure there is a prepared plan in place for the sustained gas temperatures described in subdivisions (c), (d), and (e).(g) (1) The department or local enforcement agency may suspend or revoke the operators permit to operate the MSW landfill and shall impose a penalty not to exceed ten thousand dollars ($10,000) per day for failing to comply with any of the following:(A) Paragraph (1) or (2) of subdivision (c).(B) Subparagraph (A) of paragraph (4) of subdivision (c).(C) Paragraph (1) or (2) of subdivision (d).(D) Paragraph (1) of subdivision (e).(2) The department or local enforcement agency shall impose a penalty not to exceed one million dollars ($1,000,000) for each week that a sustained gas temperature described in subdivision (e) exists.(3) All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Account, which is hereby created. Upon appropriation by the Legislature, moneys in the Landfill Subsurface Fire Mitigation Account shall be available for expenditure by the department to mitigate harm to a person or community adversely affected by an event described in subdivision (c), (d), or (e). The department shall prioritize use of penalty moneys to a person or community adversely affected by an event at the MSW landfill for which the penalty was imposed.(4) Part 5 (commencing with Section 45000) does not apply to this section.(h) (1) The department and local enforcement agency shall comply with Article 2 (commencing with section 44305) of Chapter 4 when suspending or revoking a permit pursuant to this section.(2) A permit suspended or revoked pursuant to this section shall be reinstated upon resolution.(i) An operator shall reimburse each of the following for the actual and reasonable costs they incur pursuant to this section:(1) The department.(2) A local enforcement agency.(3) A county.(4) Any other state or local agency.
75-
76-
77-
78-43031. (a) For purposes of this section, the following definitions apply:
79-
80-(1) Gas temperature is the temperature of underground landfill gas as reported by a temperature sensor.
81-
82-(2) Landfill gas has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.
83-
84-(3) MSW landfill means a municipal solid waste landfill, as defined by Section 95475 of Title 17 of the California Code of Regulations.
85-
86-(4) Operator has the same meaning as provided in Section 95475 of Title 17 of the California Code of Regulations.
87-
88-(5) Resolution means all of the following have occurred:
89-
90-(A) An event described in subdivision (c), (d), or (e) occurs, followed by gas temperature decreasing to below 131 degrees Fahrenheit for 60 days or longer, so that an event described in subdivision (c) no longer exists.
91-
92-(B) For an event described in subdivision (d) or (e), the multiagency coordination group described in paragraph (3) of subdivision (d) completes its investigation.
93-
94-(C) The operator of the MSW landfill provides notice to residents surrounding the MSW landfill to inform them of the gas temperature decrease.
95-
96-(6) Temperature sensor means a continuous recording temperature sensor on a flare, as required by subparagraph (A) of paragraph (2) of subdivision (b) of Section 95464 of Title 17 of the California Code of Regulations.
97-
98-(b) The operator of a MSW landfill shall do all of the following:
99-
100-(1) Continuously monitor a temperature sensor for gas temperature.
101-
102-(2) On a monthly basis, provide to the local enforcement agency gas temperature data for each temperature sensor for the prior month.
103-
104-(3) Post the data described in paragraph (2) on its internet website on the same day the operator provides the data to the local enforcement agency.
105-
106-(c) If the gas temperature is 131 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:
107-
108-(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.
109-
110-(2) Within 14 days, the operator shall file with the local enforcement agency both the actions it has taken in response to the sustained gas temperature and its investigation plan.
111-
112-(3) Within 14 days of notice to the local enforcement agency from the operator, both of the following shall be done:
113-
114-(A) The local enforcement agency shall alert the department of the sustained gas temperature and shall provide the operators investigation report to the department.
115-
116-(B) The county shall send to residents a notice regarding the sustained gas temperature. The notice shall include a United States Environmental Protection Agency fact sheet on elevated gas temperature. The county shall send monthly updates to residents surrounding the MSW landfill until resolution.
117-
118-(4) (A) Within 45 days, the operator shall file a corrective action plan with the local enforcement agency.
119-
120-(B) Within 14 days of receipt of the corrective action plan, the local enforcement agency shall send the corrective action plan to the department.
121-
122-(d) In addition to the requirements in subdivision (c), if the gas temperature is 146 degrees Fahrenheit or higher for longer than 60 days, all of the following shall be done:
123-
124-(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.
125-
126-(2) Within seven days, the operator shall notify the department of the sustained gas temperature.
127-
128-(3) Within 90 days, a multiagency coordination group shall conduct and conclude an investigation into the sustained gas temperature and provide advice on how to achieve resolution. A state agency shall provide any resources required by the multiagency coordination group to complete its investigation and to achieve resolution. The department shall form and lead the multiagency coordination group comprising all of the following:
129-
130-(A) The California Environmental Protection Agency.
131-
132-(B) The California regional water quality control board with jurisdiction over the MSW landfill.
133-
134-(C) The department.
135-
136-(D) The Department of Toxic Substances Control.
137-
138-(E) The local enforcement agency.
139-
140-(F) The State Air Resources Board.
141-
142-(G) The State Department of Public Health.
143-
144-(H) The United States Environmental Protection Agency.
145-
146-(4) The operator shall take corrective action as advised by the multiagency coordination groups investigation described in paragraph (3). If the operator does not meet deadlines provided in the multiagency coordination groups advice, then the local enforcement agency may suspend or revoke the operators permits to operate the MSW landfill.
147-
148-(5) The multiagency coordination group shall continue to monitor the situation and advise until resolution.
149-
150-(e) In addition to the requirements in subdivisions (c) and (d), if the gas temperature is 162 degrees Fahrenheit or higher for longer than 60 days, then all of the following shall be done:
151-
152-(1) Within 48 hours, the operator shall notify the local enforcement agency of the sustained gas temperature.
153-
154-(2) If the local enforcement agency has been designated to proclaim a local emergency pursuant to Section 8630 of the Government Code, it shall proclaim a local emergency. If the local enforcement agency has not been designated to proclaim a local emergency, it shall request a local emergency be proclaimed by the appropriate city, county, or city and county pursuant to Section 8630 of the Government Code.
155-
156-(3) Within 14 days, the local enforcement agency or the department shall suspend or revoke the operators permits to operate the MSW landfill.
157-
158-(f) A local enforcement agency shall maintain constant communication with the department to ensure there is a prepared plan in place for the sustained gas temperatures described in subdivisions (c), (d), and (e).
159-
160-(g) (1) The department or local enforcement agency may suspend or revoke the operators permit to operate the MSW landfill and shall impose a penalty not to exceed ten thousand dollars ($10,000) per day for failing to comply with any of the following:
161-
162-(A) Paragraph (1) or (2) of subdivision (c).
163-
164-(B) Subparagraph (A) of paragraph (4) of subdivision (c).
165-
166-(C) Paragraph (1) or (2) of subdivision (d).
167-
168-(D) Paragraph (1) of subdivision (e).
169-
170-(2) The department or local enforcement agency shall impose a penalty not to exceed one million dollars ($1,000,000) for each week that a sustained gas temperature described in subdivision (e) exists.
171-
172-(3) All penalties collected pursuant to this section shall be deposited into the Landfill Subsurface Fire Mitigation Account, which is hereby created. Upon appropriation by the Legislature, moneys in the Landfill Subsurface Fire Mitigation Account shall be available for expenditure by the department to mitigate harm to a person or community adversely affected by an event described in subdivision (c), (d), or (e). The department shall prioritize use of penalty moneys to a person or community adversely affected by an event at the MSW landfill for which the penalty was imposed.
173-
174-(4) Part 5 (commencing with Section 45000) does not apply to this section.
175-
176-(h) (1) The department and local enforcement agency shall comply with Article 2 (commencing with section 44305) of Chapter 4 when suspending or revoking a permit pursuant to this section.
177-
178-(2) A permit suspended or revoked pursuant to this section shall be reinstated upon resolution.
179-
180-(i) An operator shall reimburse each of the following for the actual and reasonable costs they incur pursuant to this section:
181-
182-(1) The department.
183-
184-(2) A local enforcement agency.
185-
186-(3) A county.
187-
188-(4) Any other state or local agency.
189-
190-SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
191-
192-SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
193-
194-SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
195-
196-### SEC. 2.
197-
198-
199-
200-(a)The Legislature finds and declares all of the following:
201-
202-
203-
20452 (1) There are ongoing and continuous health and safety impacts to the communities adjacent to the Chiquita Canyon Landfill.
205-
206-
20753
20854 (2) Since 2022, there has been an underground smoldering event in a closed portion of the Chiquita Canyon Landfill. This event has resulted in airborne emissions, as well as leachate and runoff that has entered the surrounding ecosystem and neighborhoods.
20955
210-
211-
21256 (3) It is now clear that, despite millions of dollars spent on mitigation and a multiagency response, the chemical fire will likely be burning for many years. Toxic chemicals, such as benzene, will poison the air and the individuals who reside in this area for years, thereby placing the public and environment at an unacceptable risk.
213-
214-
21557
21658 (4) The adjacent community is also in crisis, with widespread reports of daily and long-term health symptoms and illness. Doctors are informing their patients who are residents of this area that they must remove themselves from this toxic area to protect the health of their families. Currently, residents are left without resources to support relocation efforts.
21759
218-
219-
22060 (b) Therefore, it is the intent of the Legislature to enact subsequent legislation to do both of the following:
22161
222-
223-
22462 (1) To appropriate sufficient funds to cover the temporary and permanent relocation costs of those individuals and families impacted by the Chiquita Canyon Landfill disaster.
225-
226-
22763
22864 (2) To appropriate $____ million for the express purpose of moving residents impacted by the Chiquita Canyon Landfill disaster away from this hazardous zone until unsafe conditions have been totally and permanently remediated.