CaliforniaCalifornia law makes landfill operators act on underground heat events and fund help for affected neighbors
A new California law requires large landfills with an underground overheating event to notify agencies, follow state fix-it plans, and pay penalties that go to a fund for harmed communities.
What it does
Large landfills with overheating underground must notify agencies and follow a state-required plan to fix it, including showing they can pay for the work.
The state could take over enforcement from the local agency at an overheating landfill, and charge the operator for its costs.
Landfills could face fines of up to $100,000 a day, with the money going to a fund to help people and communities harmed by an overheating event.
A multiagency group could direct health assessments and air monitoring near an affected landfill, and the landfill must pay for them.
Argument forMaking the landfill operator pay for cleanup, health checks, and aid could help neighbors who face health problems and lost property value from an underground overheating event.
Argument againstLetting the state take over enforcement at its sole discretion could shift decisions away from local agencies, and daily penalties and reimbursements could be costly for operators.
More detail
The owner or operator of a large landfill must notify state and local agencies when underground gas or waste temperatures stay above 131 degrees Fahrenheit over a substantial area, and give temperature data on request. They must take action the department says is needed, such as a corrective action plan. It covers solid waste landfills, but not those that take only hazardous waste, only construction and demolition or inert waste, or hold fewer than 450,000 tons of waste. The department may require a cost assessment, proof of financial ability, and a revised closure plan. If the owner cannot cover costs, the Attorney General may pursue the parent company if warranted.
The state recycling department may take over enforcement for all or part of the landfill from the local agency, and may recover its costs from the owner or operator. It applies to a landfill having an underground overheating event. The department decides at its sole discretion and returns enforcement to the local agency once the event is mitigated or resolved.
The department or a local agency may fine a landfill up to $100,000 a day for not following the rules, and fine money goes to the new Landfill Subsurface Fire Mitigation Community Fund. The fund is paid out to counties with an event to help harmed people and communities, covering losses such as relocation and lost property value. No penalty accrues before the 31st day after a notice of violation.
The state environmental secretary may set up a group of agencies to recommend how to resolve the event. If it recommends a health assessment, the landfill pays for it and the local health department starts one within 60 days. On request, the landfill must also submit and carry out an air monitoring and sampling plan. The landfill owner and operator must reimburse the group's agencies and the local health department monthly for reasonable and necessary costs. The health department posts findings online and reports them at a public meeting. The air monitoring plan is due within 30 days of a request, and work starts within 30 days of submitting it.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 20Chaptered by Secretary of State - Chapter 356, Statutes of 2026.Latest
- Sep 20Approved by the Governor Gavin Newsom.Became Law
- Sep 14Enrolled and presented to the Governor at 1:30 p.m.To Governor
- Aug 31Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 13. Page 7015.).Major
- Vote recorded AB 28 Schiavo Concurrence in Senate Amendments. Result: pass.Lower
- Aug 30In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB28 Schiavo et al. By Blakespear. Result: pass.Upper
- Aug 30Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 3.).Major
- Aug 28Read second time. Ordered to third reading.Minor
- Aug 27Read third time and amended. Ordered to second reading.Major
- Aug 27Ordered to third reading.Minor
- Aug 27Action rescinded whereby the bill was read third time, passed, and to Assembly.Major
- Aug 26In Senate. Held at Desk.
- Aug 26Ordered to the Senate.
- Aug 25In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB28 Schiavo et al. By Blakespear. Result: pass.Upper
- Aug 25Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 3.).Passed Senate
- Aug 24Read second time. Ordered to third reading.Minor
- Aug 21Read third time and amended. Ordered to second reading.Major
- Aug 4From committee: That the measure be returned to Senate Floor for consideration. (Ayes 5. Noes 1.) (August 3)Minor
- Aug 3
- Vote recorded That the measure be returned to Senate Floor for consideration. Ordered to third reading. Result: pass.Upper
- Jul 2From committee: Pursuant to Senate Rule 29.10 that the measure be re-referred to Com. on APPR. pursuant to Joint Rule 10.5. (Ayes 6. Noes 0.) (July 1).Minor
- Jul 1
- Vote recorded Pursuant to Senate Rule 29.10, that the measure be re-referred to the Committee on Appropriations pursuant to Joint Rule 10.5. Result: pass.Upper
- Jun 15Re-referred to Com. on E.Q.Minor
- Jun 15Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).Minor
- Jun 15Read second time. Ordered to third reading.Minor
- Jun 11Read second time and amended. Ordered returned to second reading.Major
- Jun 11Ordered to second reading.Minor
- Jun 11From inactive file.
- 2025
- Sep 8Ordered to inactive file at the request of Senator Blakespear.
- Sep 4Read second time. Ordered to third reading.Minor
- Sep 3Read third time and amended. Ordered to second reading.Major
- Aug 29Read second time. Ordered to third reading.Minor
- Vote recorded Do pass. Result: pass.Upper
- Aug 29From committee: Do pass. (Ayes 5. Noes 2.) (August 29).Minor
- Aug 18In committee: Referred to suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Jul 18Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 18From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 16).Major
- Jul 16
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jul 3From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.Major
- Jun 27In committee: Set, first hearing. Hearing canceled at the request of author.
- Jun 11Referred to Com. on E.Q.Minor
- May 29In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 28 Schiavo Assembly Third Reading. Result: pass.Lower
- May 29Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 9. Page 1775.)Passed Assembly
- May 27Read second time. Ordered to third reading.Minor
- May 23From committee: Do pass. (Ayes 11. Noes 3.) (May 23).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 14In committee: Set, first hearing. Referred to suspense file.Minor
- May 7Re-referred to Com. on APPR.Minor
- May 6Read second time and amended.Major
- May 5From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 3.) (April 28).Major
- Apr 28
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 25Re-referred to Com. on NAT. RES.Minor
- Mar 24From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.Major
- Mar 24Referred to Com. on NAT. RES.Minor
- 2024
- Dec 3From printer. May be heard in committee January 2.
- Dec 2Read first time. To print.Introduced
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