BILL NUMBER: AB 407 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 14, 2013
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 amended, 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:
(a) "Agency" means the California Natural
Resources Agency.
(b) "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.
(c) "CalEPA" means the California Environmental Protection Agency.
(d) "California-Baja California border region" means the region
described in Chapter IV of the US-Mexico Border XXI Program,
Framework Document, published October 1996.
(e) "Fund" means the California Border Environmental and Public
Health Protection Fund established pursuant to Section 71101.
(f) "New River Improvements Project strategic plan" or "plan"
means the strategic plan developed pursuant to subdivision (c) of
Section 71103.5.
(g) "New River Watershed Water Quality, Public Health, and River
Parkway Development Program" or "program" means the program
established pursuant to Section 71103.6.
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)).