An act to amend Section 25143.1 25205.5 of the Health and Safety Code, relating to hazardous waste.
Summary
AB 1031 would revise California’s hazardous waste laws as they apply to geothermal operations. The bill makes two main changes: first, it caps the hazardous waste generation and handling fee for geothermal waste that is not exempt from the hazardous waste control laws at no more than $10 per ton beginning January 1, 2026; second, it broadens the geothermal waste exemption by removing several existing limits on when that exemption applies. Under current law, some geothermal waste loses its exemption if it is no longer in certain containment systems or remains in a lined surface impoundment beyond a specified period. AB 1031 would delete those limiting conditions.
The bill also affects the relationship between geothermal waste and the state’s hazardous waste regulatory framework. By expanding the exemption, it would reduce the number of geothermal-related wastes subject to Department of Toxic Substances Control oversight and related hazardous waste requirements. At the same time, it preserves the general rule that hazardous waste not directly associated with geothermal energy activities, or not otherwise exempt under federal law, remains regulated. The measure amends Health and Safety Code Sections 25143.1 and 25205.5.
The general sentiment reflected in the available legislative history appears favorable or at least noncontroversial at the committee level. The bill received a unanimous 6-0 “do pass and be re-referred” vote in Assembly committee, and the digest indicates it passed with a majority vote threshold. There are no committee transcript excerpts showing opposition or extended debate in the materials provided.
The main point of contention is likely to be the balance between reducing regulatory and fee burdens on geothermal energy producers and maintaining environmental oversight of waste streams. Supporters would likely view the bill as a targeted relief measure for the geothermal industry, especially by lowering costs for nonexempt geothermal waste and simplifying exemption rules. Potential critics may be concerned that expanding the exemption could weaken hazardous waste controls, reduce state fee revenue, or create broader environmental and disposal oversight issues for geothermal waste management.
Impact
AB 1031 would amend the Health and Safety Code provisions governing hazardous waste exemptions and fee assessments for geothermal waste. It would narrow the reach of hazardous waste regulation for geothermal waste by expanding the exemption in Section 25143.1 and would cap the generation and handling fee for geothermal waste that remains subject to regulation at $10 per ton starting in 2026. The bill would therefore reduce compliance costs and regulatory exposure for geothermal operators, while leaving other hazardous waste generators under existing fee and control rules.
Sentiment
The available voting history suggests the bill was received positively in committee, with a unanimous 6-0 vote to do pass and re-refer it to Appropriations. No committee transcript material is provided showing substantive opposition, so the overall sentiment appears supportive or at least not heavily contested at this stage. The measure’s framing as a geothermal-specific regulatory adjustment likely contributed to its favorable reception.
Contention
The central policy tension is between promoting geothermal energy development and preserving hazardous waste oversight. Supporters are likely to argue that geothermal waste should be treated differently because it is tied to renewable energy production and already subject to other environmental controls. Opponents or skeptics may focus on the environmental and administrative risks of broadening the exemption, especially the removal of existing containment and time-based limits that currently determine when geothermal waste loses its exempt status. Another possible concern is the fiscal effect of limiting the fee to $10 per ton, which could reduce state revenue from geothermal waste generators.
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An act to add Chapter 13.2 (commencing with Section 42670) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste. amend Sections 25211.3 and 25211.4 of, to add Sections 25211.6 and 25211.7 to, and to repeal and add Section 25213 of, the Health and Safety Code, relating to hazardous waste.