Solid waste landfills: subsurface temperatures.

The Landfill Subsurface Fire Mitigation Community Fund appropriation was restructured to explicitly allow funds to be used for two purposes: (A) payments to counties to mitigate harm to affected persons or communities, and (B) payment of the California Alternative Energy and Advanced Transportation Financing Authority's own costs in performing its duties under the section. Previously the fund was only appropriated for county payments.

The department's obligation to adopt implementing regulations was changed from mandatory ('shall adopt') to discretionary ('may adopt'), giving CalRecycle flexibility on whether and when to issue emergency regulations under this section.

A requirement that the local county public health department hold at least two public hearings in affected communities to discuss findings of the community health needs assessment and how to mitigate impacts was removed from Section 43031.2.

The operative language requiring an initial 'community health needs assessment using the CASPER Toolkit' was simplified to 'initiate a health assessment to identify and collect information regarding the effects of the subsurface elevated temperature event on the affected community,' removing the explicit reference to the CASPER Toolkit methodology from the operative text (though the definition still references it).

References to 'local county public health department' were changed to 'local health department' throughout the bill, potentially broadening which local entity bears responsibility for conducting health assessments.

Cross-references in Section 43031 were updated from 'subdivision (f) of Section 43031.2' to 'subdivision (g) of Section 43031.2' to reflect renumbering of subdivisions in that section.

The bill text was reformatted from the official printed legislative document style (with line numbers, page headers/footers, and traditional layout) into a web portal display format with navigation menus, search tools, and simplified formatting. All substantive policy language remains identical.

New Section 43031 added to the Public Resources Code covering all solid waste landfills (not just MSW landfills), requiring notification to multiple state and local agencies when a subsurface elevated temperature event occurs, mandating corrective action plans with cost assessments, and allowing CalRecycle to take over enforcement authority at its sole discretion.

The highest temperature threshold for triggering the most severe enforcement actions was raised from 162 degrees Fahrenheit to 170 degrees Fahrenheit across all relevant provisions.

The monitoring period required before enforcement actions trigger was extended from two consecutive monthly monitoring periods to three consecutive monthly monitoring periods throughout the bill, giving operators more time before penalties and mandatory actions apply.

The corrective action plan process was changed from a collaborative development model (where the operator, local enforcement agency, and department jointly develop and implement the plan) to a review model where the operator files a plan for review by the agencies. The multiagency coordination group's role shifted from collaborating on plan development to receiving submitted plans and monitoring.

Local county public health departments are required to conduct community health needs assessments regarding the effects of subsurface elevated temperature events on affected communities, and local air pollution control districts must perform additional duties. This is explicitly identified as a state-mandated local program.

Upon request by the multiagency coordination group, the owner or operator must implement an air monitoring and sampling plan, and must reimburse the multiagency coordination group for all reasonable and necessary expenses incurred.

A new Landfill Subsurface Fire Mitigation Community Fund is created in the State Treasury with a continuous appropriation (without regard to fiscal year) to CalRecycle for mitigating harm to persons or communities affected by subsurface elevated temperature events. This is separate from and in addition to the existing Landfill Subsurface Fire Mitigation Account.

The bill now includes an appropriation (changed from 'Appropriation: no' to 'Appropriation: yes') and requires a two-thirds vote instead of a simple majority, reflecting the new continuous appropriation to the Community Fund.

New administrative civil penalty of up to $100,000 per day (compared to $10,000 per day under the existing section) for failing to comply with notification, data provision, or corrective action plan requirements under the new Section 43031.

The Attorney General is authorized to pursue action against the parent company of a landfill owner or operator if they cannot sufficiently cover the cost of managing and implementing a corrective action plan, though this does not create a cause of action or liability.

CalRecycle may become the enforcement agency for all or part of a solid waste landfill experiencing a subsurface elevated temperature event at its sole discretion, and may recover its reasonable and necessary costs from the owner or operator. The department has sole discretion to return the facility to local jurisdiction.

A new definition of 'subsurface elevated temperature event' is added in Section 43031 meaning an event where subsurface gas or waste temperatures at a solid waste landfill persistently exceed 131 degrees Fahrenheit over a substantial area, as determined by the department. This is broader than the existing definition which was tied to specific monitoring period thresholds.

The highest-tier temperature threshold was raised from 162 degrees Fahrenheit to 170 degrees Fahrenheit, meaning landfills must reach a higher temperature before the most severe enforcement actions (permit suspension, emergency proclamations) can be triggered.

All three temperature tiers now require three consecutive monthly monitoring periods (covering 60 days) instead of two, making it harder for a subsurface elevated temperature event to be formally declared and triggering the associated enforcement obligations.

The requirement for local enforcement agencies to maintain communication with the department was changed from ensuring 'a corrective action plan is in place' to ensuring 'the operator has implemented a corrective action plan,' shifting focus from paper plans to actual implementation.

The corrective action plan process was fundamentally restructured. At the 131-degree tier, the operator now files a plan for agency review rather than collaboratively developing one with agencies. At the 146-degree tier, the operator submits plans to the multiagency coordination group rather than co-developing them. At the 170-degree tier, the group meets to review a plan rather than collaboratively developing one.

The daily penalty for failure to comply with notification and reporting requirements was changed from a mandatory penalty of up to $10,000 per day to a discretionary flat penalty of exactly $10,000 per day. Agencies now have the option to impose it rather than being required to.

The local enforcement agency's role in permit suspension was clarified: the department (CalRecycle), not just the local agency, must determine when an imminent threat is resolved before a suspended permit can be reinstated. The department was also given authority to request a state of emergency proclamation.

A clarification was added stating that nothing in the bill limits the authority of a city or county governing body (or an official designated by ordinance) to proclaim a local emergency, preserving existing local emergency powers.

The definition of 'resolution' was expanded to require that the operator notify residents within four miles of the landfill that temperatures have decreased and that the landfill no longer meets the elevated temperature criteria, in addition to the existing requirements of sustained low temperatures and agency consent.

Community notification at the 146-degree tier was expanded: the notice radius increased from two miles to four miles, monthly updates to residents within four miles were added until resolution, and agencies may now require notice beyond four miles.

The definition of 'subsurface elevated temperature event' was changed from two or more consecutive monthly monitoring periods to three or more, consistent with the threshold changes throughout the bill. The separate 'temperature sensor' definition was removed and the gas temperature definition was simplified.

The deadline for CalRecycle (changed from CalEPA) to establish minimum guidelines and standards was kept at July 1, 2027, but a new requirement was added that CalRecycle must coordinate with the State Air Resources Board to ensure consistency with ARB's monitoring regulations.

The trigger threshold language changed throughout from 'longer than 60 days' to 'two consecutive monthly monitoring periods covering 60 consecutive days,' making the measurement period more specific and tied to a defined monitoring cadence.

Corrective action plan development changed from operator filing a plan within 45 days to a collaborative process where the operator, local enforcement agency, and department jointly develop and begin implementation of the plan. At the 146-degree level, the multiagency coordination group also participates in collaborative plan development.

New requirement that within 21 days at the 131-degree level (and nine days at the 146-degree level), the local enforcement agency and department must engage with the operator, inspect the landfill, and independently assess the nature and extent of the event.

New subdivision (m) requires operators to notify the local enforcement agency and a CalEPA-designated state agency within 48 hours of requesting a higher operating temperature under federal regulations, and to provide notice of approval or denial within five days.

After formation of the multiagency coordination group, CalEPA must develop a fact sheet specific to the event, which must be included in notices sent to residents within two miles.

The community health impact study requirement was softened from 'shall conduct a community health impact study' to 'shall, as quickly as possible, use the Community Assessment for Public Health Emergency Response Toolkit to provide information... and post this information on its internet website.'

At the 131-degree Fahrenheit level, new criteria must be met before actions are triggered, including gas and moisture threshold levels permitted in the landfill and the number of wellheads exceeding limits over a particular geographic area, as established by CalRecycle.

Permit revocation authority was removed entirely. Only suspension remains, and it is limited to 'the portion of the MSW landfill affected by the subsurface elevated temperature event' rather than the entire facility. Reinstatement is now subject to additional operating conditions imposed by CalRecycle.

Leadership of the multiagency coordination group shifted from CalRecycle to CalEPA, as reflected in the new definition stating the group is 'selected and coordinated by CalEPA.'

New subdivision (n) exempts department rules, policies, or standards of general application related to establishing criteria, developing corrective action plans, and imposing additional operating conditions on reinstated permits from Administrative Procedure Act formal rulemaking requirements.

The definition of 'resolution' was narrowed from three required elements to two (removing the resident notice requirement from the definition). The geographic scope for resident notification expanded from 'surrounding' the landfill to 'within four miles.'

The 'gas temperature' definition now specifies the sensor must be 'located at a wellhead,' and the 'temperature sensor' definition adds that it must 'accurately measure the temperature of a facility.'

The state mandate reimbursement provision was changed. The Assembly version exempted mandates based on local authority to levy fees; the Senate version removes that exemption and provides that if the Commission on State Mandates finds costs are mandated, reimbursement shall be made, potentially increasing state fiscal exposure.

New subdivision (k) requires CalEPA to establish minimum guidelines and standards for identifying and managing subsurface elevated temperature events by January 1, 2027, in addition to the existing multiagency working group deadline.

The definition of 'MSW landfill' is narrowed from any municipal solid waste landfill defined in state regulations to only those subject to federal performance standards (40 CFR 60.755) or hazardous air pollutant standards (40 CFR Part 63 Subpart AAAA), frozen as they existed on January 1, 2025. This could exclude some landfills from the bill's requirements.

Operators requesting higher operating temperatures from the federal EPA must now notify CalRecycle in addition to the local enforcement agency and any CalEPA-designated agency. Local enforcement agencies and CalRecycle must also post these requests and approvals on their websites. Operators with pre-existing federal approvals (requests made before January 1, 2026) must submit copies by July 1, 2026.

A new definition of 'local enforcement agency' is added, specifying it must be an enforcement agency certified by CalRecycle under Section 40130 for purposes of this section.

The definition of 'temperature sensor' is broadened from specifically a continuous recording temperature sensor on a flare (as required by state regulations) to any 'sensor that accurately measures the temperature of a facility,' potentially allowing different monitoring technologies.

The definition of 'resolution' now requires three conditions instead of two: in addition to temperature dropping below 131 degrees F for 60+ days and operator notice to residents, the local enforcement agency and CalRecycle must provide written consent that resolution has been achieved. This gives regulators a formal gatekeeping role.

At the 131-degree threshold, corrective action plans are now developed collaboratively by the operator, local enforcement agency, and CalRecycle rather than filed unilaterally by the operator. This shifts the process from compliance-based to cooperative.

At the 146-degree threshold, operators must now post weekly temperature data on their internet website, and CalEPA must develop a fact sheet specific to each event. Monthly community updates are expanded from a two-mile radius to four miles.

A new severability clause is added as Section 2, stating that if any provision is held invalid, it will not affect other provisions. The previous Section 2 regarding state mandate reimbursement is removed.

The $10,000 per day administrative civil penalty for noncompliance is changed from mandatory ('shall impose') to discretionary ('may impose'), giving regulators more flexibility in enforcement decisions.

CalRecycle is now required to adopt emergency regulations establishing the criteria that trigger the tiered response requirements at 131, 146, and 162 degrees. Previously these criteria were simply 'established by the department' without specifying the regulatory mechanism.

The deadline for CalRecycle to establish minimum guidelines and standards for managing subsurface elevated temperature events is extended from January 1, 2027 to July 1, 2027.

Operator cost liability is simplified: instead of reimbursing a list of entities (department, local enforcement agency, county, other state or local agency), operators are now liable only to the local enforcement agency and CalRecycle for actual and reasonable costs incurred under this section.

All provisions specifically addressing the Chiquita Canyon Landfill disaster were removed, including legislative findings about ongoing health impacts, the underground smoldering event since 2022, and the expressed intent to appropriate funds for temporary and permanent relocation of affected residents. The bill title no longer references emergency services.

A new defined term 'subsurface elevated temperature event' was added, meaning an elevated landfill gas temperature that persists for longer than 60 days as described in the three temperature tiers.

At all three temperature tiers (131, 146, and 162 degrees Fahrenheit), operators must now notify both the local enforcement agency AND CalRecycle (the department) of the sustained gas temperature. Previously at the 131-degree tier, only the local enforcement agency was notified.

At the 131-degree tier, a new requirement obligates the operator to report average weekly temperatures recorded by each temperature monitor to the local enforcement agency within 30 days and on a monthly basis thereafter.

At the 146-degree tier, the operator must now send notices to residents within two miles of the landfill regarding the sustained elevated gas temperature, including a EPA fact sheet, and provide monthly updates until resolution. Previously only the county was required to notify residents.

At the 146-degree tier, the Office of Environmental Health Hazard Assessment (OEHHA) is now required to conduct a community health impact study using the CDC's Community Assessment for Public Health Emergency Response Toolkit to identify potential health risks to the surrounding community.

A new subdivision requires the State Air Resources Board to establish mandatory requirements for monitoring landfill gas temperature as part of its existing methane emissions regulations from MSW landfills, specifically to identify and mitigate subsurface elevated temperature events.

At the 162-degree tier, automatic permit suspension or revocation was replaced with a two-step process: first, the local enforcement agency or department must issue a corrective action order consistent with Part 5 of the Public Resources Code; second, suspension or revocation only occurs if the agency determines the event poses an imminent and substantial risk to public health, safety, or environment. The requirement to proclaim a local emergency was also changed from mandatory ('shall') to discretionary ('may').

At the 146-degree tier, the operator must now incorporate the multiagency coordination group's advice into its corrective action plan and submit a revised plan. If the local enforcement agency determines the revised plan does not comply with minimum standards and the group's advice, the agency shall amend it. Failure to meet deadlines or fully implement the plan subjects the operator to penalties.

The digest indicates the bill now makes it a crime to provide a false certification that a violation subject to a corrective action order has been corrected, imposing a state-mandated local program for law enforcement.

The $1 million per week penalty at the 162-degree tier now only applies if the department determines the event poses an immediate and substantial risk AND the operator's gross negligence caused either the event itself or a failure to achieve resolution. Previously it applied automatically for each week the condition persisted.

Section 2 on state mandates was expanded. In addition to the existing provision that no reimbursement is required because local agencies can levy fees, a new provision states no reimbursement is required for costs related to the creation or change of a crime. However, if the Commission on State Mandates determines other costs are mandated, reimbursement shall be made under Government Code Part 7.

A new provision requires that on or before January 1, 2027, the multiagency working group shall establish guidelines for identification and management of subsurface elevated temperature events and minimum standards for corrective action plans, considering federal and state standards and stakeholder input.

Added an entirely new Section 43031 to the Public Resources Code creating a statewide regulatory regime for monitoring and responding to elevated subsurface gas temperatures at municipal solid waste landfills, expanding the bill far beyond its original Chiquita Canyon-specific focus.

The bill now imposes a state-mandated local program (changed from 'no' to 'yes') because it requires local enforcement agencies and counties to perform new duties including alerting CalRecycle, sending notices to residents, maintaining communication with the department, and preparing response plans.

Requires landfill operators to continuously monitor temperature sensors on flares, provide monthly data to local enforcement agencies, and post that data on their websites the same day it is submitted.

Establishes a three-tiered response system: at 131 degrees Fahrenheit sustained for over 60 days, operators must notify authorities within 48 hours and file a corrective action plan within 45 days; at 146 degrees, a multiagency coordination group led by CalRecycle must investigate within 90 days; at 162 degrees, a local emergency must be proclaimed and permits must be suspended or revoked within 14 days.

Requires operators to reimburse public entities (CalRecycle, local enforcement agencies, counties, and other state or local agencies) for actual and reasonable costs incurred in carrying out the new section's requirements.

Requires permit reinstatement upon resolution, defined as gas temperature dropping below 131 degrees Fahrenheit for 60 or more days, completion of any multiagency investigation, and notice to surrounding residents.

Creates penalties of up to $10,000 per day for failure to comply with notification and corrective action plan requirements, and up to $1,000,000 per week for each week that gas temperature remains at or above 162 degrees Fahrenheit for longer than 60 days.

Creates the Landfill Subsurface Fire Mitigation Account in the State Treasury. All penalties collected under the new section are deposited there and, upon legislative appropriation, may be used by CalRecycle to mitigate harm to persons or communities adversely affected by elevated landfill gas temperatures.

Fiscal committee review changed from 'no' to 'yes,' reflecting the new penalty provisions and creation of a state account.

Adds definitions for gas temperature, landfill gas, MSW landfill, operator, resolution, and temperature sensor, tying them to existing regulations in Title 17 of the California Code of Regulations.