SB 819 (2025) — Geothermal waste: exemption from generation and handling fees: study.

AMENDED IN SENATE MARCH 26, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

SENATE BILLNo. 819

Introduced by Senator Padilla

February 21, 2025

~~An act to amend Section 21000 of the Public Resources Code, relating to environmental quality.~~ An act to add and repeal Article 3.7 (commencing with Section 25138) of Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous materials.

Vote: majority Appropriation: no Fiscal committee: yes Local program: no

LEGISLATIVE COUNSEL’S DIGEST

The hazardous waste control laws require the Department of Toxic Substances Control (DTSC) to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime.

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 that generates a specified amount of waste, as provided, and authorizes DTSC to adopt regulations necessary to implement generator fees.

Existing law exempts geothermal waste resulting from drilling for geothermal resources from the hazardous waste control laws for a specified reason. Existing law also exempts geothermal waste, excluding filter cake, 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 under specified circumstances.

This bill would require the DTSC to prepare and submit to the Legislature, no later than July 1, 2026, a study regarding the issues that would arise if geothermal waste that is not exempt from generation and handling fees pursuant to existing law is made exempt from those fees.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA makes various legislative findings and declarations regarding the maintenance of a quality environment for the people of this state and states the intent of the Legislature for state agencies to regulate activities so that major consideration is given to preventing environmental damage.

This bill would make nonsubstantive changes to those findings and declarations and to the statement of intent.

The people of the State of California do enact as follows:

SECTION 1.

Article 3.7 (commencing with Section 25138) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

Article 3.7. Geothermal Waste Study

25138.

(a) The department shall prepare and submit to the Legislature, no later than July 1, 2026, in accordance with Section 9795 of the Government Code, a study regarding the issues that would arise if geothermal waste that is not exempt from generation and handling fees pursuant to this chapter is made exempt from those fees.

(b) Pursuant to Section 10231.5 of the Government Code, this article shall become inoperative on July 1, 2030, and is repealed on January 1, 2031.

SECTION 1.
Section 21000 of the Public Resources Code is amended to read:
21000.
The Legislature finds and declares as follows:

(a) The maintenance of a quality environment for the people of this state now and in the future is a matter of statewide concern.

(b) It is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of people.

(c) There is a need to understand the relationship between the maintenance of high-quality ecological systems and the general welfare of the people of the state, including their enjoyment of the natural resources of the state.

(d) The capacity of the environment is limited, and it is the intent of the Legislature that the government of the state take immediate steps to identify critical thresholds for the health and safety of the people of the state and take all coordinated actions necessary to prevent those thresholds being reached.

(e) Every citizen has a responsibility to contribute to the preservation and enhancement of the environment.

(f) The interrelationship of policies and practices in the management of natural resources and waste disposal requires systematic and concerted efforts by public and private interests to enhance environmental quality and to control environmental pollution.

(g) It is the intent of the Legislature that all agencies of the state government that regulate activities of private individuals, corporations, and public agencies that are found to affect the quality of the environment shall regulate those activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for all Californians.