California Legislature—2013–14 Regular Session

Assembly Bill No. 407

Introduced by Assembly Member V. Manuel Pérez

February 15, 2013

An act to amend Section 71100 of, and to add Section 71103.6 to, the Public Resources Code, relating to the environment.

LEGISLATIVE COUNSEL’S DIGEST

AB 407, as introduced, V. Manuel Pérez. Environment: New River Watershed Water Quality, Public Health, and River Parkway Development Program.

Existing law requires the California-Mexico Border Relations Council, contingent upon the execution of an agreement with the City of Calexico to provide the necessary funding, to develop a strategic plan (New River Improvement Project strategic plan) to guide the implementation of the New River Improvement Project containing specified elements.

This bill would require the Natural Resources Agency and the California Environmental Protection Agency (CalEPA) to establish and administer the New River Watershed Water Quality, Public Health, and River Parkway Development Program to coordinate the funding and implementation of the recommendations from the New River Improvement Project strategic plan. The bill would require a state agency awarding or granting funds for the implementation of the plan to integrate and align the contractual and administrative requirements for grants, loans, contracts, and other forms of financial support consistent with specified guidelines. The bill would also require the agency and CalEPA to provide technical assistance for the establishment of a joint powers authority to oversee the environmental review, permitting, funding, and operation of a water treatment and conveyance facility for the New River in Calexico. The bill would provide that upon establishment of that joint powers authority, the Department of Water Resources would serve as the state lead agency for purposes of the California Environmental Quality Act.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 71100 of the Public Resources Code is
amended to read:

71100.  

The following definitions govern the construction of
this part:

begin insert

(a) “Agency” means the California Natural Resources Agency.

end insert begin delete

(a)

end delete

begin insert ( end insert begin insert b) end insert  “Cal BECC” means the California Border Environmental
Cooperation Committee established on July 22, 1994, by the
Governors of California, Baja California, and Baja California Sur.

begin insert (c) end insert begin insert   end insert begin insert “CalEPA end insert begin insert ” end insert begin insert means the California Environmental Protection
Agency. end insert

begin delete

(b)

end delete

begin insert ( end insert begin insert d) end insert  “California-Baja California border region” means the region
described in Chapter IV of the US-Mexico Border XXI Program,
Framework Document, published October 1996.

begin delete

(c)

end delete

begin insert ( end insert begin insert e) end insert  “Fund” means the California Border Environmental
begin delete Education end delete begin insert and Public Health Protection end insert Fund established pursuant
to Section 71101.

begin insert

(f) “New River Improvements Project strategic plan” or “plan”
means the strategic plan developed pursuant to subdivision (c) of
Section 71103.5.

end insert

begin insert (g) end insert begin insert   end insert begin insert “New River Watershed Water Quality, Public Health, and
River Parkway Development Program” or “program” means the
program established pursuant to Section 71103.6. end insert

SEC. 2.  

Section 71103.6 is added to the Public Resources Code,
to read:

71103.6.  

(a) The agency and CalEPA shall jointly establish
and administer the New River Watershed Water Quality, Public
Health, and River Parkway Development Program to coordinate
the funding and implementation of the recommendations of the
New River Improvement Project strategic plan developed and
approved pursuant to subdivision (c) of Section 71103.5. The
program shall be established and implemented in accordance with
the policies specified in subdivision (f) of Section 5808.1 and only
to the extent that funding is available to implement the program.

(b) A state agency awarding or granting funds for the
implementation of the plan shall integrate and align the contractual
and administrative requirements for grants, loans, contracts, and
other forms of financial support consistent with the California
River Parkways and Urban Streams Restoration grant programs
guidelines issued by the agency and the Department of Water
Resources in August 2008.

(c) The agency and CalEPA shall, in cooperation with relevant
federal agencies, the City of Calexico, the County of Imperial, and
other interested parties, provide technical assistance for the
establishment of a joint powers authority pursuant to a joint powers
agreement entered into in accordance with the Joint Exercise of
Powers Act (Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code), to oversee the
environmental review, permitting, funding, and operation of a
water treatment and conveyance facility for the New River in
Calexico, as described in the plan. Upon establishment of a joint
powers authority, the Department of Water Resources shall serve
as the state lead agency for purposes of project design,
environmental review, and certification pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000)).