AB 1031: Hazardous waste control laws: exemption: geothermal resources.
The bill aims to regulate the handling and management of hazardous waste and hazardous materials in California. It requires a fee for generators of hazardous waste, with the exception of geothermal waste that is generated from the exploration, development, or production of geothermal energy. The bill limits the generation and handling fee rate for non-exempt geothermal waste to $10 per ton.
| Feb. 02, 2026 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan. 31, 2026 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May. 23, 2025 | In committee: Held under submission. |
| May. 14, 2025 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr. 30, 2025 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 29). Re-referred to Com. on APPR. |
| Amended IN Assembly April 23, 2025 |
| Amended IN Assembly March 24, 2025 |
| Introduced by Assembly Member Jeff Gonzalez |
February 20, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would expand the scope of the geothermal waste exemption by deleting the limits of that exemption, as described above.
The people of the State of California do enact as follows:
SECTION 1.
Section 25205.5 of the Health and Safety Code is amended to read:25205.5.
(a) (1) Except as otherwise provided in this section, a generator of hazardous waste shall pay to the California Department of Tax and Fee Administration a generation and handling fee for each generator site that generates an amount equal to, or more than, five tons for each calendar year, or portion of the calendar year.(a)Geothermal waste resulting from drilling for geothermal resources is exempt from the requirements of this chapter because the disposal of these geothermal wastes is regulated by the California regional water quality control boards.
(b)(1)Wastes from the extraction, beneficiation, and processing of ores and minerals that are not subject to regulation under the federal act are exempt from the requirements of this chapter, except the requirements of Article 9.5 (commencing with Section 25208), as provided in paragraph (2).
(2)The wastes subject to this subdivision are subject to Article 9.5 (commencing with Section 25208) and Part 2 (commencing with Section 78000) of Division 45 if the wastes would otherwise be classified as hazardous wastes pursuant to Section 25117 and the regulations adopted pursuant to Section 25141.
(3)For purposes of this subdivision, the following definitions shall apply:
(A)“Wastes from the extraction, beneficiation, and processing of ores and minerals” means any of the following:
(i)Soil, waste rock, overburden, and other solid, semisolid, or liquid natural materials that are removed, unearthed, or otherwise displaced as a result of excavating or recovering an ore or a mineral.
(ii)Residuals of ores or minerals after those ores or minerals have been removed, unearthed, or otherwise displaced from their natural sites and physically or chemically treated or otherwise managed in order to separate or concentrate the commercial product present in the ore or mineral, or processed to produce a final marketable product.
(iii)Spent brine solutions that are used to produce geothermal energy and that are transferred, via a closed piping system, to an adjacent facility for reclamation, beneficiation, or processing to recover minerals or other commercial substances, if the spent brine solutions, and any liquid residuals derived from the solutions, satisfy all of the following conditions:
(I)Are managed in accordance with the standards set forth in Section 261.4(a)(17)(i) to (iii), inclusive, of Title 40 of the Code of Federal Regulations.
(II)Are returned after processing, via closed piping.
(III)Are not a solid or semisolid hazardous residuals. This subclause applies to materials that include, but are not limited to, filter cakes.
(B)“Minerals” has the same meaning as defined in Section 2005 of the Public Resources Code.
(c)(1)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, is exempt from the requirements of this chapter.
(2)This subdivision does not exempt hazardous waste that is either not directly associated with geothermal energy exploration, development, and production, or that is not exempted from the federal act pursuant to paragraph (5) of subdivision (b) of Section 261.4 of Title 40 of the Code of Federal Regulations, or both. Hazardous waste that is not exempted pursuant to this subdivision includes, but is not limited to, used oil generated from vehicles or the lubrication of machinery.