Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 594Introduced by Senator PadillaFebruary 20, 2025 An act to amend Section 40060 of add Section 40060.5 to the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 594, as amended, Padilla. Waste discharge permits: landfills.Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act and the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act. The California Integrated Waste Management Act of 1989 prohibits a regional board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand, except as specified.This bill would make nonsubstantive changes and delete obsolete cross-references in those provisions of the California Integrated Waste Management Act of 1989.This bill would prohibit a state agency from issuing a waste discharge permit for a new Class III landfill, as defined, until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community, as defined.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 40060.5 is added to the Public Resources Code, to read:40060.5. (a) For purposes of this section, the following definitions apply:(1) Environmental justice community means an area with a Pollution Burden score in the 90th percentile, as defined by the California Communities Environmental Screening (CalEnviroScreen), which is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) New Class III landfill means a Class III landfill, as that term is used in Subchapter 2 (commencing with Section 20200) of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations, that has not previously been issued a waste discharge permit or previously received waste on or before January 1, 2026.(b) A state agency shall not issue a waste discharge permit for a new Class III landfill until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community.SECTION 1.Section 40060 of the Public Resources Code is amended to read:40060.(a)Notwithstanding any other law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand.(b)A regional water board, in a public meeting, may grant a variance from subdivision (a) if the applicant demonstrates and the regional water board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, groundwater means the uppermost aquifer usable for beneficial purposes.(c)Nothing in this section precludes any local jurisdiction from exercising any power that it has pursuant to any other law.(d)The following definitions govern the construction of this section:(1)Landfill used for the disposal of nonhazardous solid waste means a disposal site regulated by a regional water board as a Class III landfill.(2)Lateral expansion means a new or expanded waste management unit that is not authorized on January 1, 1989, under existing waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code and an existing solid waste facility permit issued pursuant to this division. For purposes of subdivision (f), lateral expansion does not include a new or expanded waste management unit for which waste discharge requirements were issued by a regional water board before January 1, 1989, but were subject to review after that date pursuant to Section 13320 of the Water Code.(e)The regional water board may hold a single hearing for purposes of granting a variance pursuant to subdivision (b) and establishing waste discharge requirements.(f)Notwithstanding subdivision (b), a regional water board shall not grant a variance from subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within the boundaries of the Main San Gabriel Groundwater Basin. For purposes of this subdivision, the boundaries of the Main San Gabriel Groundwater Basin are the boundaries described in Exhibit A of the judgment in Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al., Case Number 924128 of the Superior Court for the County of Los Angeles.
Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 594Introduced by Senator PadillaFebruary 20, 2025 An act to amend Section 40060 of add Section 40060.5 to the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTSB 594, as amended, Padilla. Waste discharge permits: landfills.Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act and the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act. The California Integrated Waste Management Act of 1989 prohibits a regional board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand, except as specified.This bill would make nonsubstantive changes and delete obsolete cross-references in those provisions of the California Integrated Waste Management Act of 1989.This bill would prohibit a state agency from issuing a waste discharge permit for a new Class III landfill, as defined, until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community, as defined.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 24, 2025
Amended IN Senate March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 594
Introduced by Senator PadillaFebruary 20, 2025
Introduced by Senator Padilla
February 20, 2025
An act to amend Section 40060 of add Section 40060.5 to the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 594, as amended, Padilla. Waste discharge permits: landfills.
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act and the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act. The California Integrated Waste Management Act of 1989 prohibits a regional board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand, except as specified.This bill would make nonsubstantive changes and delete obsolete cross-references in those provisions of the California Integrated Waste Management Act of 1989.This bill would prohibit a state agency from issuing a waste discharge permit for a new Class III landfill, as defined, until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community, as defined.
Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act and the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act.
The California Integrated Waste Management Act of 1989 prohibits a regional board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand, except as specified.
This bill would make nonsubstantive changes and delete obsolete cross-references in those provisions of the California Integrated Waste Management Act of 1989.
This bill would prohibit a state agency from issuing a waste discharge permit for a new Class III landfill, as defined, until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community, as defined.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 40060.5 is added to the Public Resources Code, to read:40060.5. (a) For purposes of this section, the following definitions apply:(1) Environmental justice community means an area with a Pollution Burden score in the 90th percentile, as defined by the California Communities Environmental Screening (CalEnviroScreen), which is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) New Class III landfill means a Class III landfill, as that term is used in Subchapter 2 (commencing with Section 20200) of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations, that has not previously been issued a waste discharge permit or previously received waste on or before January 1, 2026.(b) A state agency shall not issue a waste discharge permit for a new Class III landfill until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community.SECTION 1.Section 40060 of the Public Resources Code is amended to read:40060.(a)Notwithstanding any other law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand.(b)A regional water board, in a public meeting, may grant a variance from subdivision (a) if the applicant demonstrates and the regional water board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, groundwater means the uppermost aquifer usable for beneficial purposes.(c)Nothing in this section precludes any local jurisdiction from exercising any power that it has pursuant to any other law.(d)The following definitions govern the construction of this section:(1)Landfill used for the disposal of nonhazardous solid waste means a disposal site regulated by a regional water board as a Class III landfill.(2)Lateral expansion means a new or expanded waste management unit that is not authorized on January 1, 1989, under existing waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code and an existing solid waste facility permit issued pursuant to this division. For purposes of subdivision (f), lateral expansion does not include a new or expanded waste management unit for which waste discharge requirements were issued by a regional water board before January 1, 1989, but were subject to review after that date pursuant to Section 13320 of the Water Code.(e)The regional water board may hold a single hearing for purposes of granting a variance pursuant to subdivision (b) and establishing waste discharge requirements.(f)Notwithstanding subdivision (b), a regional water board shall not grant a variance from subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within the boundaries of the Main San Gabriel Groundwater Basin. For purposes of this subdivision, the boundaries of the Main San Gabriel Groundwater Basin are the boundaries described in Exhibit A of the judgment in Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al., Case Number 924128 of the Superior Court for the County of Los Angeles.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 40060.5 is added to the Public Resources Code, to read:40060.5. (a) For purposes of this section, the following definitions apply:(1) Environmental justice community means an area with a Pollution Burden score in the 90th percentile, as defined by the California Communities Environmental Screening (CalEnviroScreen), which is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) New Class III landfill means a Class III landfill, as that term is used in Subchapter 2 (commencing with Section 20200) of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations, that has not previously been issued a waste discharge permit or previously received waste on or before January 1, 2026.(b) A state agency shall not issue a waste discharge permit for a new Class III landfill until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community.
SECTION 1. Section 40060.5 is added to the Public Resources Code, to read:
### SECTION 1.
40060.5. (a) For purposes of this section, the following definitions apply:(1) Environmental justice community means an area with a Pollution Burden score in the 90th percentile, as defined by the California Communities Environmental Screening (CalEnviroScreen), which is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) New Class III landfill means a Class III landfill, as that term is used in Subchapter 2 (commencing with Section 20200) of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations, that has not previously been issued a waste discharge permit or previously received waste on or before January 1, 2026.(b) A state agency shall not issue a waste discharge permit for a new Class III landfill until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community.
40060.5. (a) For purposes of this section, the following definitions apply:(1) Environmental justice community means an area with a Pollution Burden score in the 90th percentile, as defined by the California Communities Environmental Screening (CalEnviroScreen), which is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) New Class III landfill means a Class III landfill, as that term is used in Subchapter 2 (commencing with Section 20200) of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations, that has not previously been issued a waste discharge permit or previously received waste on or before January 1, 2026.(b) A state agency shall not issue a waste discharge permit for a new Class III landfill until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community.
40060.5. (a) For purposes of this section, the following definitions apply:(1) Environmental justice community means an area with a Pollution Burden score in the 90th percentile, as defined by the California Communities Environmental Screening (CalEnviroScreen), which is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.(2) New Class III landfill means a Class III landfill, as that term is used in Subchapter 2 (commencing with Section 20200) of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations, that has not previously been issued a waste discharge permit or previously received waste on or before January 1, 2026.(b) A state agency shall not issue a waste discharge permit for a new Class III landfill until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community.
40060.5. (a) For purposes of this section, the following definitions apply:
(1) Environmental justice community means an area with a Pollution Burden score in the 90th percentile, as defined by the California Communities Environmental Screening (CalEnviroScreen), which is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code.
(2) New Class III landfill means a Class III landfill, as that term is used in Subchapter 2 (commencing with Section 20200) of Chapter 3 of Subdivision 1 of Division 2 of Title 27 of the California Code of Regulations, that has not previously been issued a waste discharge permit or previously received waste on or before January 1, 2026.
(b) A state agency shall not issue a waste discharge permit for a new Class III landfill until after a local enforcement agency has held a separate publicly noticed hearing and has certified to the department that the landfill will not disproportionately impact or harm an environmental justice community.
(a)Notwithstanding any other law, a regional water board shall not issue a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand.
(b)A regional water board, in a public meeting, may grant a variance from subdivision (a) if the applicant demonstrates and the regional water board determines that the discharges to a new facility or expansion of an existing facility during its operation and postclosure period will not pollute or threaten to pollute the waters of the state. In deciding whether to grant a variance, the regional water board shall consider, among other factors, site characteristics, including permeability and transmissivity of the underlying soils and depth to groundwater. For the purpose of this section, groundwater means the uppermost aquifer usable for beneficial purposes.
(c)Nothing in this section precludes any local jurisdiction from exercising any power that it has pursuant to any other law.
(d)The following definitions govern the construction of this section:
(1)Landfill used for the disposal of nonhazardous solid waste means a disposal site regulated by a regional water board as a Class III landfill.
(2)Lateral expansion means a new or expanded waste management unit that is not authorized on January 1, 1989, under existing waste discharge requirements issued pursuant to Division 7 (commencing with Section 13000) of the Water Code and an existing solid waste facility permit issued pursuant to this division. For purposes of subdivision (f), lateral expansion does not include a new or expanded waste management unit for which waste discharge requirements were issued by a regional water board before January 1, 1989, but were subject to review after that date pursuant to Section 13320 of the Water Code.
(e)The regional water board may hold a single hearing for purposes of granting a variance pursuant to subdivision (b) and establishing waste discharge requirements.
(f)Notwithstanding subdivision (b), a regional water board shall not grant a variance from subdivision (a) if the variance is for a new landfill, or a lateral expansion of an existing landfill, located within the boundaries of the Main San Gabriel Groundwater Basin. For purposes of this subdivision, the boundaries of the Main San Gabriel Groundwater Basin are the boundaries described in Exhibit A of the judgment in Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al., Case Number 924128 of the Superior Court for the County of Los Angeles.