USA – CALIFORNIA Law and Practice Contributed by: Kim Bick, Alan Bick, Corrie Plant and Tyler Alexander, Bick Law LLP
neutrality and total GHG emissions at 85% below 1990 levels by 2045. SB 100 and SB 1020 establish clean electricity targets. SB 1383 sets goals for short- lived climate pollutant reductions. In short, California remains at the forefront of combating climate change, and future climate legislation is likely. 14. Asbestos and Polychlorinated Biphenyls (PCBs) 14.1 Key Policies, Principles and Laws Relating to Asbestos and PCBs Asbestos is a heat and corrosive-resistant building material that was widely used in commercial and resi- dential construction until the late 20th century, when asbestos exposure was linked to cancers, and spe- cifically mesothelioma. Asbestos is not completely banned in California, but its use – as well as abatement and removal by contractors – is heavily regulated by the California Department of Industrial Relations Divi- sion of Occupational Safety and Health (Cal/OSHA). Polychlorinated Biphenyls (PCBs) are a class of highly toxic chemicals that were used in industrial processes until the manufacture of PCBs was banned in 1979 by the federal EPA under the Toxic Substances Control Act. EPA has not delegated authority under the Toxic Substances Control Act to California, so the EPA is the lead regulatory agency for PCB cleanups. 15. Waste 15.1 Key Laws and Regulatory Controls At the federal level, hazardous and non-hazardous solid waste is controlled by RCRA. Under RCRA, EPA authorises California to implement its own waste management programmes, which it does under the Hazardous Waste Control Law, California Health and Safety Code Sections 225100 et seq. Solid and municipal waste in California is regulated by the California Department of Resources Recycling and Recovery (CalRecycle), which implements California’s integrated waste management programme, Cal. Pub. Res. Code § 40000 et seq., and regulates generators and transporters of solid waste as well as landfills.
Under the California Integrated Waste Management Act (AB 939), local jurisdictions are required to cre- ate and implement solid waste management plans and divert 50% of their waste from landfills through recycling or other means. Recently, California adopted it’s Short-Lived Climate Pollutant Reduction Strategy, SB 1383, which requires a further diversion of green and organic materials from landfills to curb methane emissions. In addition to hazardous waste and non-hazardous solid waste, California regulates medical waste under the Medical Waste Management Act of 2017, Califor- nia Health and Safety Code, Sections 117600-118360. 15.2 Retention of Environmental Liability Under CERCLA, RCRA, the California Hazardous Substances Account Act, and the California Hazard- ous Waste Control Law, generators – entities whose act or process produces waste – remain liable even after transfer or disposal if their actions contributed to improper handling, transportation, or disposal of waste. 15.3 Circular Economy Requirements California is developing it’s Zero Waste Plan, which aims to reduce waste generation and promote a cir- cular economy. Authorised by the 2023 Budget Act, SB 101, CalRecycle published a baseline report in July 2024 that detailed the cost of pollution from waste on California’s air, water, food, and land quality. The comment period on CalRecycle’s draft Zero Waste Plan ran in October 2025 and the final plan is due for publication in 2026. 15.4 Rights and Obligations Applicable to Waste Operators Rights and obligations regarding waste management are defined by a comprehensive framework of fed- eral, state, and local laws that divide the waste into various categories, diverting non-hazardous waste to specialised disposal facilities to manage the hazard- ous characteristics of the waste, while managing the non-hazardous solid waste accumulation in municipal landfills that have different requirements. Waste operators are legally obligated to ensure the type of waste accepted is managed appropriately. It
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