BILL ANALYSIS �
SB 833
Page 1
SENATE THIRD READING
SB 833 (Vargas)
As Amended April 25, 2011
Majority vote
SENATE VOTE :32-3
NATURAL RESOURCES 8-0 APPROPRIATIONS 15-0
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|Ayes:|Chesbro, Knight, |Ayes:|Fuentes, Harkey, |
| |Brownley, Dickinson, | |Blumenfield, Bradford, |
| |Grove, Halderman, Hill, | |Charles Calderon, Campos, |
| |Skinner | |Davis, Gatto, Hall, Hill, |
| | | |Lara, Mitchell, Nielsen, |
| | | |Solorio, Wagner |
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SUMMARY : Prohibits the operation of a solid waste landfill in
San Diego County that is located within 1,000 feet of the San
Luis Rey River and within 1,000 feet of a Native American sacred
site. Specifically, this bill prohibits a person from
constructing or operating a solid waste landfill disposal
facility in San Diego County if that 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; and,
2)The disposal 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, and that is listed in the
California Native American Heritage Commission Sacred Lands
Inventory.
EXISTING LAW :
1)Prohibits the deposition of solid waste at a solid waste
facility without a solid waste facility permit.
2)Prohibits a person from operating a solid waste facility
without obtaining a solid waste facilities permit. Requires
the local enforcement agency to immediately issue a cease and
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desist order to immediately cease all activities for which a
solid waste facilities permit is required and desist from
those activities until the person obtains a valid solid waste
facilities permit.
3)Requires that any area or areas identified for the location of
a new solid waste transformation or disposal facility shall be
located in, coextensive with, or adjacent to, a land use area
authorized for a solid waste transformation or disposal
facility in the applicable city or county general plan.
4)Requires that if a county determines that existing capacity
will be exhausted within 15 years or additional capacity is
desired and that there is no area available for the location
of a new solid waste transformation or disposal facility or
the expansion of an existing solid waste transformation or
disposal facility which is consistent with any applicable city
or county general plan, the siting element shall include a
specific strategy for the transformation or disposal of solid
waste in excess of remaining capacity.
5)Establishes the California Native American Heritage Commission
(NAHC) as the state's "trustee agency" for the protection and
preservation of Native American cultural resources, sacred
sites on public land and Native American burial sites. NAHC,
among other things, facilitates consultations between
California Native tribes and local governments.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Negligible state costs, if any.
2)Onetime loss of $1 million in revenue to the Department of
Transportation (Caltrans).
COMMENTS : The purpose of this bill is to prevent the proposed
development of the Gregory Canyon Landfill, a landfill and
recycling center that will be located at Gregory Canyon in San
Diego County. The proponents of the bill believe that
preventing the development of the Gregory Canyon Landfill will
protect critical drinking water sources, sensitive habitat, and
sacred Native American sites in northern San Diego County. The
opponents assert that the Gregory Canyon Landfill is
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environmentally safe and that the bill thwarts the will of San
Diego voters who twice voted in support of the landfill.
The proposed site of the Gregory Canyon Landfill is located
within an approximately 1,770 acre parcel in northern San Diego
County along State Route 76, roughly 20 miles northeast of the
coastal city of Oceanside and approximately two miles southwest
of the community of Pala.
The site is situated on the western slope of Gregory Mountain
and on one of the tributary canyons to the Pala groundwater
basin. There have been 39 sensitive animal species observed on
the landfill site. Of the 39 species observed, three of the
species are federally endangered (the southwestern willow
flycatcher, least Bell's vireo, and southwestern arroyo toad)
and one of the species is federally threatened (the coastal
California gnatcatcher). The vireo and flycatcher are also
listed by the state as endangered.
The eastern portion of Gregory Mountain is on the Pala Indian
Reservation, a 12,273-acre reservation established for Cupe�o
and Luise�o Indians who now consider themselves as one people,
the Pala Band of Mission Indians. Gregory Mountain, called
"Chokla" by the Luise�o, is one of the most spiritually
important places in the Luise�o world. It is believed to be one
of the residing places of "Taakwic," a powerful and feared
spirit that is the guardian spirit of many Shoshonean shamans.
The entire mountain, including the area within the proposed
landfill boundary, is considered an important place for fasting,
praying, and conducting ceremonies by the Luise�o. Medicine
Rock, which is a historic resource as defined by the California
Environmental Quality Act (CEQA) Guidelines, is three stories
tall and located north of the project site. The rock art at
Medicine Rock is an important spiritual site to the Luise�o
people. Based upon ethnographic testimony and ethnohistoric
literature, some of the paintings at Medicine Rock may have been
made in association with female puberty or Wakenish ceremonies
held by the people of Pala.
Just east of Gregory Canyon is the Pala Casino Spa & Resort,
which consists of 10 restaurants, four entertainment venues, a
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10-story, 507-room, AAA four-diamond hotel, and a
10,000-square-foot day spa. This establishment opened in 2001
and is maintained by the Pala Band of Mission Indians.
The entire Gregory Canyon Landfill project comprises of
approximately 308 acres. No less than 1,313 acres of the
remaining area on the landfill property will become permanent
open space with approximately 248 acres going toward habitat
creation and enhancement. The landfill, which has an estimated
30 year life, will add approximately 30 million tons of landfill
capacity to the solid waste disposal system in San Diego County.
Groundwater protection at the proposed landfill involves the
liner design (including a leachate collection system), a
subdrain system, and groundwater monitoring and extraction
wells. A multiple-layer liner and a leachate collection system
would be installed by the applicant to a design approved by the
Regional Water Quality Control Board (RWQCB). The liner system
to be installed at the proposed landfill exceeds the
prescriptive design standards required by RWQCB the regulations.
If leachate were to penetrate the top soil layer, it would be
collected in the upper leachate collection and removal system.
If leachate were to penetrate further, through the three-layer
membrane and clay barrier beneath the leachate collection
system, there is another nine inch thick zone with gravel and
drainage pipes to collect liquid, with a membrane and clay
barrier beneath that.
The facility also will have groundwater monitoring and water
production wells which are designed to detect contamination and
to intercept any contaminated groundwater and treat it in a
dedicated water treatment plant before it can reach the San Luis
Rey River. These wells will be regularly monitored for
contamination.
In addition to the financial assurance requirements provided in
the regulations, the applicant has agreed with the San Luis Rey
Municipal Water District to supply replacement water and obtain
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a $100,000,000 environmental impact liability insurance policy
in the event of off-site pollution impacts.
The proposed Gregory Canyon Landfill has been the focus of a
drawn-out legal and political battle dating back to the 1980s.
Over the past four decades, the proposed landfill has involved,
among other things, two local initiatives, state legislation, a
governor's veto, and continuous litigation.
In the 1980s, San Diego County conducted a North County Landfill
Siting Study to identify possible landfill sites. Gregory
Canyon was identified as a possible site; however, the County of
San Diego's Board of Supervisors was not supportive of a
landfill at that location. In a 1990 letter to the Regional
Planner, County staff stated its opposition to the landfill by
stating that "it would result in SIGNIFICANT AND NOT MITIGABLE
impacts, both to the archaeological and ethnographic resources
of the area." (emphasis not added)
In November 1994, the proponents of the Gregory Canyon Landfill
sponsored Proposition C, a county-wide initiative that sought to
bypass the Board of Supervisors in order to facilitate the
development of the landfill. Proposition C was approved by the
voters with 68% of the vote. The initiative specifically amends
the County's General Plan, Zoning Ordinance, and other
ordinances and policies to allow the construction and operation
of the Gregory Canyon Landfill. Proposition C also requires the
project to fully comply with all environmental laws and
regulations and the dedication of more than 1,000 acres of land
as permanent open space.
Since the passage of Proposition C, the proponents of the
landfill have been working to obtain all necessary permits and
to meet all regulatory requirements. Opponents of the landfill
have filed several lawsuits challenging the project, one of
which reached the California Supreme Court (for a more detailed
explanation of the permit and litigation history associated with
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the Gregory Canyon Landfill, see the Senate Committee on
Environmental Quality's May 2, 2011 bill analysis). Despite
challenges and setbacks caused by lawsuits and the regulatory
process, the proponents of the landfill are still pursuing the
project.
There have also been a few attempts to nullify Proposition C
through state legislation. The most notable up until this year
was AB 2752 (Cardoza) of 2000, which would have prohibited the
California Integrated Waste Management Board (now Department of
Resources Recycling and Recovery) from concurring in a permit
for a proposed solid waste landfill for which a petition has
been received by the board from an Indian Tribe. Governor Davis
vetoed the bill explaining that he was compelled to give
deference to the San Diego voters and the regulatory process.
In 2004, the opponents of the landfill sponsored Proposition B
in San Diego County, which was an initiative to repeal
Proposition C. The voters rejected the proposition with 64% of
the vote. This marked the second time the electorate in San
Diego County expressed its support for the Gregory Canyon
Landfill.
The bill at hand is one of the latest attempts to stop the
Gregory Canyon Landfill project. On May 10, 2011, the San Diego
County Board of Supervisors, which was originally against the
landfill project, voted four to one to oppose the bill because,
among other things, it negates "the will of San Diego County
voters."
In 1999, approximately 24% of the solid waste generated in San
Diego County was generated in northern San Diego County (North
County). The Gregory Canyon Landfill will be the only landfill
located in North County-the major landfills in the county are
located in central and South County. According to the San Diego
County Solid Waste Local Enforcement Agency, North County's
waste generation will likely be similar to or in excess of the
annual maximum permitted tonnage at Gregory Canyon Landfill. If
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North County is able to utilize the Gregory Canyon Landfill,
there could be less greenhouse gas emissions because there would
be fewer vehicle miles traveled to dispose waste. Additionally,
the proponents of the project state that the Gregory Canyon
Landfill would provide cost-effective disposal for North County.
On the other hand, San Diego County as a whole has approximately
78 million tons of solid waste capacity remaining. Sycamore
Canyon Landfill is currently pursuing an expansion to its
facility that would increase capacity by approximately 100
million tons. Additionally, in 2010, voters in San Diego County
approved Proposition A, which proposes to develop a 340 acre
site in eastern Otay Mesa into a landfill facility with a solid
waste disposal capacity far greater than the Gregory Canyon
Landfill.
It should be noted that several North County cities that will
allegedly benefit from the Gregory Canyon Landfill, including
Oceanside, Solana Beach, and Del Mar, oppose the project. The
main concern these cities have is regarding groundwater
contamination.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092 FN:
0002214