California Assembly Bill 28
Session 20252026
Solid waste landfills: subsurface temperatures.
Active
Passed Senate on Aug 30, 2026
Origin Chamber
Assembly
Type
Bill
Bill Number
28
State
California
Session
20252026
Motion Text
AB 28 Schiavo Concurrence in Senate Amendments
Assembly Roll Call Votes
Yes
Yes
Ávila Farías
Yes
Yes
Yes
Yes
Yes
Other
Yes
Yes
Other
Yes
Yes
Yes
Other
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Other
Other
No
Summary
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery (CalRecycle) , generally regulates the disposal, management, and recycling of solid waste, as defined. The act authorizes CalRecycle to certify a local enforcement agency and requires CalRecycle 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.
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.
This bill would require the owner or operator of a solid waste landfill, as defined, to, among other things, notify the Department of Resources Recycling and Recovery if a subsurface elevated temperature event occurs. The bill would define "subsurface elevated temperature event" to mean an event where subsurface gas or waste temperatures at a solid waste landfill persistently exceed 131 degrees Fahrenheit over a substantial area and meets other performance criteria, as determined by the department. The bill would authorize the department to require the owner or operator of a solid waste landfill experiencing a subsurface elevated temperature event to create a corrective action plan that includes, but is not limited to, a cost assessment for fully implementing the corrective action plan. The bill would authorize the department or a local enforcement agency to impose an administrative civil penalty of $100,000 per day for failing to comply with these requirements, as provided. The bill would require all penalties collected to be deposited into the Landfill Subsurface Fire Mitigation Community Fund, which the bill would create in the State Treasury. The bill would continuously appropriate moneys in the fund to the California Alternative Energy and Advanced Transportation Financing Authority, to be paid to counties in which a subsurface elevated temperature event occurred to mitigate harm to a person or community affected by a subsurface elevated temperature event and to be paid to the authority for its costs of implementation. The bill would require the authority to develop guidelines for dispersing these funds, as specified. The bill would authorize the department to become the enforcement agency for a solid waste landfill experiencing a subsurface elevated temperature event, as specified.
This bill would authorize the Secretary for Environmental Protection to select and coordinate a multiagency coordination group to investigate and provide recommendations on how to achieve resolution of a subsurface elevated temperature event, as specified. The bill would require a local health department to initiate community health needs assessments to identify and collect information regarding the effects of a subsurface elevated temperature event on an affected community and to share the findings, as provided. By requiring a local health department and a local air pollution control district to perform additional duties, the bill would impose a state-mandated local program. The bill would, upon request by a multiagency coordination group, require the owner or operator of a solid waste landfill that experiences a subsurface elevated temperature event to implement an air monitoring and sampling plan, as specified. The bill would require the owner and operator of a solid waste landfill that experiences a subsurface elevated temperature event to reimburse the members of a multiagency coordination group and the local health department for all reasonable and necessary expenses incurred, as specified. The bill would authorize the department to adopt regulations to implement and enforce them as emergency regulations, as specified.
(2) This bill would declare its provisions to be severable.
(3) 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.
12/02/24 - Introduced
December 2, 2024
03/24/25 - Amended Assembly
March 24, 2025
05/06/25 - Amended Assembly
May 6, 2025
07/03/25 - Amended Senate
July 3, 2025
07/18/25 - Amended Senate
July 18, 2025
09/03/25 - Amended Senate
September 3, 2025
06/11/26 - Amended Senate
June 11, 2026
08/21/26 - Amended Senate
August 21, 2026
08/27/26 - Amended Senate
August 27, 2026
09/04/26 - Enrolled
September 4, 2026
04/29/25- Assembly Natural Resources
April 29, 2025
05/12/25- Assembly Appropriations
May 12, 2025
05/28/25- ASSEMBLY FLOOR ANALYSIS
May 28, 2025
07/14/25- Senate Environmental Quality
July 14, 2025
08/15/25- Senate Appropriations
August 15, 2025
08/30/25- Sen. Floor Analyses
August 30, 2025
09/06/25- Sen. Floor Analyses
September 6, 2025
06/29/26- Senate Environmental Quality
June 29, 2026
07/31/26- Senate Appropriations
July 31, 2026
08/19/26- Sen. Floor Analyses
August 19, 2026
08/24/26- Sen. Floor Analyses
August 24, 2026
08/25/26- ASSEMBLY FLOOR ANALYSIS
August 25, 2026
08/28/26- Sen. Floor Analyses
August 28, 2026
08/30/26- ASSEMBLY FLOOR ANALYSIS
August 30, 2026
Sort by most recent
09/14/2026
California State Legislature
Enrolled and presented to the Governor at 1:30 p.m.
08/31/2026
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 61. Noes 13.).
08/30/2026
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/30/2026
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 3.).
08/28/2026
Senate
Read second time. Ordered to third reading.
08/27/2026
Senate
Read third time and amended. Ordered to second reading.
08/27/2026
Senate
Ordered to third reading.
08/27/2026
Senate
Action rescinded whereby the bill was read third time, passed, and to Assembly.
08/26/2026
Senate
In Senate. Held at Desk.
08/26/2026
Assembly
Ordered to the Senate.
08/25/2026
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/25/2026
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 31. Noes 3.).
08/24/2026
Senate
Read second time. Ordered to third reading.
08/21/2026
Senate
Read third time and amended. Ordered to second reading.
08/04/2026
Senate
From committee: That the measure be returned to Senate Floor for consideration. (Ayes 5. Noes 1.) (August 3)
07/02/2026
Senate
From 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).
06/15/2026
Senate
Re-referred to Com. on E.Q.
06/15/2026
Senate
Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(b).
06/15/2026
Senate
Read second time. Ordered to third reading.
06/11/2026
Senate
Read second time and amended. Ordered returned to second reading.
06/11/2026
Senate
Ordered to second reading.
06/11/2026
Senate
From inactive file.
09/08/2025
Senate
Ordered to inactive file at the request of Senator Blakespear.
09/04/2025
Senate
Read second time. Ordered to third reading.
09/03/2025
Senate
Read third time and amended. Ordered to second reading.
08/29/2025
Senate
Read second time. Ordered to third reading.
08/29/2025
Senate
From committee: Do pass. (Ayes 5. Noes 2.) (August 29).
08/18/2025
Senate
In committee: Referred to suspense file.
07/18/2025
Senate
Read second time and amended. Re-referred to Com. on APPR.
07/18/2025
Senate
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 16).
07/03/2025
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
06/27/2025
Senate
In committee: Set, first hearing. Hearing canceled at the request of author.
06/11/2025
Senate
Referred to Com. on E.Q.
05/29/2025
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/29/2025
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 9. Page 1775.)
05/27/2025
Assembly
Read second time. Ordered to third reading.
05/23/2025
Assembly
From committee: Do pass. (Ayes 11. Noes 3.) (May 23).
05/14/2025
Assembly
In committee: Set, first hearing. Referred to suspense file.
05/07/2025
Assembly
Re-referred to Com. on APPR.
05/06/2025
Assembly
Read second time and amended.
05/05/2025
Assembly
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 3.) (April 28).
03/25/2025
Assembly
Re-referred to Com. on NAT. RES.
03/24/2025
Assembly
From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
03/24/2025
Assembly
Referred to Com. on NAT. RES.
12/03/2024
Assembly
From printer. May be heard in committee January 2.
12/02/2024
Assembly
Read first time. To print.
Sources
Record Created
Dec 3, 2024 6:39:54 PM
Record Updated
Sep 15, 2026 9:45:20 AM