BILL NUMBER: SB 833	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 1, 2011
	PASSED THE ASSEMBLY  AUGUST 31, 2011
	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Vargas
   (Coauthor: Assembly Member Hueso)

                        FEBRUARY 18, 2011

   An act to add Section 44000.6 to the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 833, Vargas. Solid waste: disposal facilities: San Diego
County.
   (1) The California Integrated Waste Management Act of 1989
regulates the management of solid waste.
   Existing law prohibits the operation of a solid waste facility
without a solid waste facilities permit and prohibits a person from
disposing of solid waste, causing solid waste to be disposed of,
arranging for the disposal of solid waste, transporting solid waste,
or accepting solid waste for disposal, except at a permitted solid
waste disposal facility. A violation of the provisions prohibiting
the disposal of solid waste is a crime.
   This bill would prohibit a person from constructing or operating a
solid waste landfill disposal facility located in the County of San
Diego if that disposal facility is located within 1,000 feet of the
San Luis Rey River or an aquifer that is hydrologically connected to
that river and is within 1,000 feet of a site that is considered
sacred or of spiritual or cultural importance to a tribe and is
listed in the California Native American Heritage Commission Sacred
Lands Inventory.
   The bill would require the enforcement agency to enforce a
violation of this prohibition by the immediate issuance of a cease
and desist order, thereby imposing a state-mandated local program by
imposing a new duty upon local agencies.
   The bill would make a declaration of legislative findings
regarding why a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution.
   Because a violation of this bill's requirements would be a crime,
the bill would impose a state-mandated local program.
   (2) 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 specified reasons.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44000.6 is added to the Public Resources Code,
to read:
   44000.6.  (a) Notwithstanding any other provision of this
division, a person shall not construct or operate a solid waste
landfill disposal facility in the County of San Diego if that
disposal facility meets both of the following conditions:
   (1) Any portion of the disposal facility is located on or within
1,000 feet of the San Luis Rey River or an aquifer that is
hydrologically connected to that river.
   (2) The disposed facility is located on or within 1,000 feet of a
site that is considered sacred or of spiritual or cultural importance
to a tribe, as defined in Section 44201, and that is listed in the
California Native American Heritage Commission Sacred Lands
Inventory.
   (b) This section does not apply to a permitted disposal facility
at which solid waste was disposed of before January 1, 2012, or to
the expansion of that facility.
   (c) The enforcement agency shall enforce a violation of this
section by the immediate issuance of a cease and desist order
pursuant to Section 45005.
  SEC. 2.  The Legislature finds and declares that, due to the unique
circumstances arising from a proposal to construct and operate a
solid waste landfill that would be located adjacent to the San Luis
Rey River and its drinking water supplies and to sites considered
sacred by numerous Native American tribes, and given the unique
relationship between the state government and tribal governments in
the state, a statute of general applicability cannot be enacted
within the meaning of subdivision (b) of Section 16 of Article IV of
the California Constitution, and therefore this special statute is
necessary.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the costs may be incurred by a local agency or school district
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution or because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.