BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 833|
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VETO
Bill No: SB 833
Author: Vargas (D), et al.
Amended: 4/25/11
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-1, 5/2/11
AYES: Strickland, Blakeslee, Hancock, Lowenthal, Pavley
NOES: Kehoe
NO VOTE RECORDED: Simitian
SENATE APPROPRIATIONS COMMITTEE : 6-1, 5/26/11
AYES: Walters, Lieu, Pavley, Price, Runner, Steinberg
NOES: Kehoe
NO VOTE RECORDED: Alquist, Emmerson
SENATE FLOOR : 32-3, 6/1/11
AYES: Anderson, Berryhill, Blakeslee, Calderon, Cannella,
Corbett, Correa, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, La
Malfa, Leno, Lieu, Liu, Negrete McLeod, Padilla, Pavley,
Price, Rubio, Runner, Simitian, Steinberg, Strickland,
Vargas, Walters
NOES: Kehoe, Wyland, Yee
NO VOTE RECORDED: Alquist, Huff, Lowenthal, Wolk, Wright
ASSEMBLY FLOOR : 70-1, 8/31/11 - See last page for vote
SUBJECT : Solid waste facilities: San Diego County
SOURCE : Pala Band of Mission Indians
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DIGEST : 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.
ANALYSIS :
Gregory Canyon Landfill Project . The proposed site, owned
by Gregory Canyon, Ltd., is located within an approximately
1,770 acre parcel located in northern San Diego County
north and south of State Route 76, approximately three
miles east of Interstate 15 and two miles southwest of the
community of Pala. The site is crossed by the San Luis Rey
River. The 183-acre landfill footprint would be in the
largest canyon on the site, south of State Route 76, along
the western slope of Gregory Mountain. The entire project
development comprises approximately 308 acres. No less
than 1,313 acres of the remaining area on the landfill
property will become permanent open space.
Local Propositions . In November 1994, the voters approved
Proposition C, the Gregory Canyon Landfill and Recycling
Collection Center Ordinance, by a vote of 68 to 32 percent.
By amending the County's General Plan and Zoning Ordinance
to allow a landfill without a County major use permit,
Proposition C streamlined the project approval process.
Ten years later, in 2004, landfill opponents drafted and
sponsored a second voter initiative, Proposition B, seeking
to invalidate the 1994 initiative. Proposition B was not
approved by the voters, by a vote of 64 to 36 percent.
Because of Proposition C, the County Board of Supervisors
is not involved in decisions about the proposed landfill.
Applicable permits for Gregory Canyon . In addition to a
Solid Waste Facility Permit from the Department of
Resources Recovery and Recycling, the project proponents
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are obtaining the following permits:
County of San Diego Department of Environmental Health
San Diego Regional Water Quality Control Board
San Diego County Air Pollution Control District
California Department of Fish and Game
United States Army Corps of Engineers (including
consultation with the United States Fish and Wildlife
Service)
NOTE: See the Senate Environmental Quality Committee
analysis for details concerning the background of
this project.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Lost revenue to Caltrans $1,000
Special*
* State Transportation Fund
The Senate Appropriations Committee states that under one
of the conditions of the proposed permit, the project
developers will provide $1 million to Caltrans for safety
upgrades to State Route (SR) 76 in northern San Diego
County. This contribution is not required to mitigate
for traffic impacts under the California Environmental
Quality Act. According to Caltrans, the project
developers will pay directly for some necessary safety
improvements to SR 76 in the vicinity of the proposed
landfill. The $1 million to be provided to Caltrans will
be in addition to the costs of those upgrades and will be
used to make safety upgrades unrelated to the project.
By preventing the proposed project, the bill will result
in a revenue loss to Caltrans.
This bill mandates enforcement by a local government
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agency. However, this bill does not impose a reimbursable
mandate because local enforcement agencies have fee
authority.
SUPPORT : (Verified 5/26/11)
Pala Band of Mission Indians (source)
Agua Caliente Band of Cahuilla Indians
Barona Band of Mission Indians
California Tribal Business Alliance
City of Oceanside
Endangered Habitats League
Environmental Health Coalition
Habematolel Pomo of Upper Lake
Jackson Rancheria Band of Miwuk Indians
Los Coyotes Band of Indians
Manzanita Band of the Kumeyaay Nation
Native American Heritage Commission
Natural Resources Defense Council
Pala-Pauma Sponsor Group
Pam Slater-Price, Supervisor Third District, San Diego
County
Ramona Band of Cahuilla
Rincon Band of Luiseno Indians
RiverWatch
San Diego and Imperial Counties Labor Council, AFL-CIO
San Luis Rey Band of Mission Indians
San Pasqual Band of Diegueno Mission Indians of California
Sierra Club (San Diego Chapter)
Surfrider Foundation
United Auburn Indian Community
Viejas Band of Kumeyaay Indians
OPPOSITION : (Verified 5/26/11)
Associated General Contractors
Associated General Contractors of America, San Diego
Chapter
Gregory Canyon, Ltd.
Los Angeles County Solid Waste Management
Committee/Integrated Waste Management Task Force
Regional Council of Rural Counties
San Diego County Board of Supervisors
San Diego County Taxpayers Association
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San Diego Regional Chamber of Commerce
Solid Waste Association of North America
Waste Management
ARGUMENTS IN SUPPORT : According the author's office,
this bill protects drinking water sources and sacred Native
American sites in northern San Diego County by prohibiting
the construction or operation of a solid waste landfill on
or within 1,000 feet of these sources. Proponents of the
landfill bypassed local control of the landfill permitting
process through a ballot initiative(s) which amended the
county general plan and zoning ordinance to allow
construction of the facility.
Proponents of the landfill bypassed local control of the
landfill permitting process through a ballot initiative.
The County Board of Supervisors never approved Gregory
Canyon as a landfill site, and the County repeatedly
rejected it as inappropriate during its landfill
site-selection process in the late '80s and early '90s. To
avoid the need for County approval, Gregory Canyon Landfill
(GCL) proponents sponsored a county-wide ballot initiative
(Proposition C) in 1994, which amended the county general
plan and zoning ordinance to allow the construction of a
"recycling collection center" and landfill on the site if
the project obtained all required regulatory approvals.
Although described on the ballot measure as a recycling
measure, the facility would provide limited recycling. The
ballot initiative also placed limits on local elected
officials' role in the California Environmental Quality Act
(CEQA) review process. By approving the site for a
landfill through Proposition C rather than through the
County's regular land use permitting procedures, GCL's
proponents crafted an approval process where no locally
elected officials can make a decision as to whether the
project site is an appropriate location for a landfill.
Supporters of this bill generally contend that the GCL
project threatens the region's ground and surface water
supplies. They also site the destruction of a pristine,
undeveloped canyon and destroying acres of critical habitat
for several endangered species. Also, the significant
adverse impacts and damage to Native American sacred sites
are of paramount concerns to supporters of the bill. They
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cite the cultural importance of Gregory Canyon and Medicine
Rock that are near the landfill site.
ARGUMENTS IN OPPOSITION : Groups in opposition generally
point to the fact that the citizens of San Diego twice
supported this landfill project. They also contend that
the site provides needed landfill space for northern San
Diego County. Further, they state that the existing
permitting processes with extensive review and public
comment provides for full protection of resources.
Additionally, some contend that this bill will set a
precedent by overriding exiting law and regulations and
place statutory limits on permits. Also, the San Diego
County Water Authority indicates that they have concerns
about the impact of the landfill on its ability to safely
and reliably provide necessary regional water supplies.
GOVERNOR'S VETO MESSAGE:
"To the Members of the California State Senate: I am
returning Senate Bill 833 without my signature. This bill
would prohibit the construction of a particular waste
disposal project in San Diego County. This project-which
has been the subject of vigorous local debate for over 20
years-has been put to a vote of the people of San Diego
twice and approved both times. The primary concerns about
this project relate to its proximity both to a river and to
a site sacred to federally recognized tribes. Protection of
the river is the duty and responsibility of the San Diego
Regional Water Quality Control Board, with a right of
appeal to the State Water Board. Numerous other regulatory
agencies also have responsibilities for protecting the
river. In other words, there is already in place a fully
sufficient process to make a thoughtful and informed
environmental decision about this project. I am deeply
concerned about the objections raised with respect to the
sacred site, but I don't believe it is appropriate for the
Legislature to now intervene and overturn this hard fought
local land-use decision. This dispute pains me given the
unspeakable injustices the native peoples have endured and
the profound importance of their spirituality and
connection to the land. There's no question that more
thought needs to be given to how we resolve this inherently
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difficult decision and to find ways for native peoples and
their fellow Californians to coexist in an inexorably
modernizing world."
ASSEMBLY FLOOR : 70-1, 8/31/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Gatto, Gordon, Grove, Hagman, Halderman, Hall,
Harkey, Hayashi, Roger Hern�ndez, Hill, Huber, Hueso,
Huffman, Jeffries, Knight, Lara, Bonnie Lowenthal, Ma,
Mendoza, Miller, Mitchell, Monning, Nestande, Nielsen,
Pan, Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Fletcher
NO VOTE RECORDED: Donnelly, Garrick, Gorell, Jones, Logue,
Mansoor, Morrell, Norby, Olsen
DLW:mw 1/4/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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