BILL ANALYSIS Ó
AB 407
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Date of Hearing: April 16, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 407 (V. Manuel Perez) - As Amended: March 21, 2013
SUBJECT : New River Watershed Water Quality, Public Health, and
River Parkway Development Program.
SUMMARY : Requires the Natural Resources Agency and the
California Environmental Protection Agency (CalEPA) to jointly
establish and administer the New River Watershed Water Quality,
Public Health, and River Parkway Development Program (Program)
to coordinate the funding and implementation of the
recommendations of the New River Improvements Project strategic
plan. Specifically, this bill :
1)Defines the "New River Improvements Project strategic plan"
(Plan) as the strategic plan developed to guide the
implementation of the New River Improvement Project.
2)Requires the Natural Resources Agency and CalEPA to jointly
establish and administer the Program to coordinate the funding
and implementation of the recommendations of the Plan
developed and approved pursuant to existing law. Requires the
Program to be established and implemented in accordance with
the policies specified in the California Watershed Protection
and Restoration Act.
3)Requires 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 the most recent Proposition 84 (2006) California River
Parkways and Urban Streams Restoration grant programs
guidelines issued by the Natural Resources Agency and the
Department of Water Resources.
4)Requires the Natural Resources Agency and CalEPA to, 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,
to oversee the environmental review, permitting, funding, and
operation of a water treatment and conveyance facility for the
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New River in Calexico, as described in the Plan.
EXISTING LAW :
1)Establishes the California-Mexico Border Relations Council
(Council) and requires that it consist of the Secretary of the
Resources Agency, the Secretary for Environmental Protection,
the Secretary of Health and Human Services, the Secretary of
Business, Transportation and Housing, the Secretary of Food
and Agriculture, and the Director of Emergency Services.
(Government Code (GOV) § 8711)
2)Defines "New River Improvement Project" as a project to study,
monitor, remediate, and enhance New River water quality in the
County of Imperial to protect human health, and develop a
river parkway suitable for public use and enjoyment. (Public
Resources Code (PRC) § 71103.5)
3)Requires the Council, contingent upon the execution of an
agreement with the City of Calexico for the purpose of
providing the necessary funding, to develop the Plan to guide
the implementation of the New River Improvement Project.
Specifies the elements required to be included in the Plan.
(PRC § 71103.5)
4)Encourages, under the California Watershed Protection and
Restoration Act, CalEPA and the Resources Agency to provide
assistance and grants in a uniform and predictable manner to
those who choose to participate in the important work of
watershed restoration and enhancement. (PRC § 5808.1)
5)Allocates, under the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act
(Proposition 84), as passed by the voters in 2006, funding for
the acquisition, restoration, protection and development of
river parkways and for urban streams restoration. (PRC §
75050)
6)Establishes the Joint Exercise of Powers Act to authorize the
establishment of a joint powers authority and joint powers
agreements, as specified. (GOV § 6500 et. seq.)
FISCAL EFFECT : Unknown.
COMMENTS :
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Need for the bill : According to the author, "The problem the
bill is attempting to solve is that various state agencies
(California Natural Resources Agency, Caltrans, SWRCB, Colorado
River Regional Water Quality Control Board) have all provided
funding to help implement different aspects of the New River
improvement Project authorized by AB 1079 (Chapter 382, Statutes
of 2009), and the recommendations of the NRIP Strategic Plan.
However, these funding sources and agencies each have different
and sometimes conflicting administrative and expenditure
requirements, and this is causing significant delays and
problems in getting projects and programs completed in a timely
fashion on the ground.
AB 1079 authorized the development of the strategic plan, but
now that it is completed, the Plan needs to be formally
recognized and codified to ensure that funding and policy
decisions support Plan implementation. There is also no
guidance to the Legislature or policy makers on how funding
should be coordinated. That is why the legislation references
the California River Parkways and Urban Streams Restoration
Grants Program.
Finally, when a water treatment and conveyance facility is
selected, designed and permitted in Calexico pursuant to the
recommendations in the Strategic Plan, the legislation
anticipates that the operation and management of this type of
cross-border facility will need to be the joint responsibility
of the City of Calexico and state and federal agencies. Without
this type of JPA, is it very doubtful that the City of Calexico
(which meets all the criteria of a disadvantaged community)
would be able to fund, operate and manage a facility of this
cost and complexity."
The New River : According to the State Water Resources Control
Board (SWRCB), the present-day channel of the New River was
created in 1905-07 when the Colorado River washed out
diversionary works, and the entire Colorado River flow coursed
into the Salton Basin creating the New and Alamo River channels
and the present Salton Sea. These surface waters are within the
Salton Sea watershed, which is a trans-boundary watershed that
includes the Coachella and Imperial Valleys in the United States
and a portion of the Mexicali Valley in Mexico.
Currently, the New River's headwaters originate about 15 miles
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south of the City of Mexicali, in the Mexicali Valley, Mexico.
The New River carries urban runoff, untreated and partially
treated municipal wastes, untreated and partially treated
industrial wastes, and agricultural runoff from the Mexicali
Valley into the United States. By the time the New River
reaches the Salton Sea, about 2/3 of its flow consists of
wastewater in the form of agricultural runoff from Imperial
County.
The California-Mexico Border Relations Council (Council) and the
New River: AB 3021 (Núñez, 2006) created the Council to
coordinate cross-border activities. AB 1079 (V. Manuel Pérez,
2009) required the Council to develop the Plan to guide the
implementation of the New River Improvement Project. AB 1079
also authorized the Council to convene and oversee a technical
advisory committee.
In 2010, the Council appointed the New River Technical Advisory
Committee (TAC) to oversee the development of the Plan and to
ensure community involvement. The TAC began work in the summer
of 2010, and completed and released the Plan to the public May
25, 2012.
According to the author, the recommendations and goals of the
Plan were broadly endorsed by California state agencies and
numerous stakeholders. He also points out that in addition to
the Plan, the City of Calexico is also currently administering
$4 million in state and federal grant funds to design, engineer
and permit a river parkway project. He says that the Colorado
Basin Regional Water Quality Control Board is also moving
forward on implementing several of the recommendations of the
Strategic Plan.
The author argues that despite all of these promising steps
toward remediation of the New River, there remains a void in
coordination of and guidance for implementation of the Plan,
thus the need for the bill.
REGISTERED SUPPORT / OPPOSITION :
Support
Calexico New River Committee (sponsor)
Opposition
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None received.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965