AB 1031 California Assembly · 2025-2026 Regular Session

Hazardous waste control laws: exemption: geothermal resources.

Summary

The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. Existing law requires a generator of hazardous waste to pay to the California Department of Tax and Fee Administration a generation and handling fee for each generator site, and requires the Board of Environmental Safety to establish a schedule of rates for the fee, as provided. A violation of the hazardous waste control laws is a crime. Existing law generally exempts geothermal waste that is generated from the exploration, development, or production of geothermal energy and that does not result from drilling for geothermal resources from the hazardous waste control laws. Existing law limits that exemption under various circumstances, including, among other circumstances, when the waste is no longer contained in a piping system, nonearthen trench, or other specified form of containment, or is left in a lined surface impoundment 18 months after the date the surface impoundment has last received waste. This bill would limit the generation and handling fee rate for geothermal waste that is not exempt from the hazardous waste control laws to no more than $10 per ton.

Bill status failed 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 20, 2025 Last action Feb 2, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

02/20/25 - Introduced → 03/24/25 - Amended Assembly · 7 edits · Mar 24, 2025

MODERATE

AB 1031 was substantially expanded from a minor technical fix to the Board of Environmental Safety annual review provision into a major bill that rewrites the geothermal waste exemption in the hazardous waste control laws. The amended version adds an entirely new section (amending Health and Safety Code Section 25143.1) that broadens which geothermal and mineral wastes are exempt from state hazardous waste regulation, adds definitions for spent brine solutions, and creates a notification mechanism allowing operators to extend waste storage periods. The fiscal committee designation changed from 'no' to 'yes,' indicating the amendment introduces a fiscal impact.

SCOPE

A new Section 1 was added amending Health and Safety Code Section 25143.1, which governs exemptions from hazardous waste control laws. This is the primary substantive change and represents a complete expansion of the bill's scope beyond its original technical fix.

ELIGIBILITY

Geothermal waste resulting from drilling for geothermal resources is now explicitly exempt from state hazardous waste requirements because it is regulated by regional water quality control boards instead.

Filter cake is now explicitly excluded from the geothermal waste exemption, meaning it must be managed as hazardous waste under the full requirements of the chapter.

DEFINITION

New definitions were added for 'wastes from the extraction, beneficiation, and processing of ores and minerals,' which includes spent brine solutions used to produce geothermal energy that are transferred via closed piping to adjacent facilities for mineral recovery. These wastes are exempt if they meet federal management standards and are returned via closed piping.

REQUIREMENT

A notification mechanism was added allowing operators to extend the 18-month storage limit in lined surface impoundments or piping systems by submitting written notification to DTSC with details about the operator, estimated resumption dates, and a description of how waste will be stored safely.

A new dewatering provision allows geothermal waste to be relocated to an elevated location inside a lined surface impoundment for dewatering, but requires removal within 30 days while the waste still contains sufficient moisture to prevent wind dispersion.

FISCAL

The fiscal committee designation changed from 'no' to 'yes,' indicating the amended bill now has a recognized fiscal impact on the state.

03/24/25 - Amended Assembly → 04/23/25 - Amended Assembly · 4 edits · Apr 23, 2025

MODERATE

AB 1031 was substantially revised to remove a nonsubstantive amendment to the Board of Environmental Safety annual review requirement and to add a new provision capping the hazardous waste generation and handling fee for non-exempt geothermal waste at $10 per ton starting January 1, 2026. The bill also simplifies the geothermal waste exemption by removing all conditions under which the exemption would be lost (such as waste being left in surface impoundments for 18 months or posing windblown dust threats), making the exemption unconditional except for filter cake and waste not directly associated with geothermal operations.

Scope change

The bill's scope narrowed by removing the Board of Environmental Safety amendment but expanded in a different direction by adding a fee cap for non-exempt geothermal waste and broadening the geothermal waste exemption by eliminating all conditional limits on it.

SCOPE

The amendment to Section 25125.7 requiring the Board of Environmental Safety to annually prepare and transmit a performance review to the Secretary for Environmental Protection was removed entirely from the bill.

FISCAL

A new provision amending Section 25205.5 caps the generation and handling fee rate for geothermal waste not exempt from the hazardous waste control laws at $10 per ton, effective January 1, 2026. The prior fee rate was $49.25 per ton for the 2022-23 fiscal year.

ELIGIBILITY

The geothermal waste exemption in Section 25143.1(c) was simplified from a conditional exemption (with multiple triggers that would cause the exemption to be lost, including waste no longer contained in piping or trenches, waste left in surface impoundments for 18 months, windblown dust threats, and units no longer regulated by water boards) to an unconditional exemption. The only remaining exclusions are filter cake and waste not directly associated with geothermal energy exploration, development, or production.

TECHNICAL

The fiscal committee designation changed from 'no' to 'yes,' reflecting the new fee cap provision that has budgetary implications.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 2, 2026

Lower · Passed

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

lower

May 23, 2025

Lower · Passed

In committee: Held under submission.

lower

May 14, 2025

Committee

In committee: Set, first hearing. Referred to APPR. suspense file.

lower

Apr 30, 2025

Lower · Passed

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 29). Re-referred to Com. on APPR.

lower

Apr 24, 2025

Committee

Re-referred to Com. on E.S & T.M.

lower

Apr 23, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S & T.M. Read second time and amended.

lower

Mar 25, 2025

Committee

Re-referred to Com. on E.S & T.M.

lower

Mar 24, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S & T.M. Read second time and amended.

lower

Mar 24, 2025

Committee

Referred to Com. on E.S & T.M.

lower

Feb 21, 2025

Lower · Passed

From printer. May be heard in committee March 23.

lower

1 primary · 0 co-sponsors