BILL ANALYSIS Ó
AB 407
Page 1
ASSEMBLY THIRD READING
AB 407 (V. Manuel Pérez)
As Amended May 8, 2013
Majority vote
ENVIRONMENTAL SAFETY 6-0
APPROPRIATIONS 16-0
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|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Gatto, Harkey, Bigelow, |
| |Chesbro, Stone, Ting | |Bocanegra, Bradford, Ian |
| | | |Calderon, Campos, Eggman, |
| | | |Gomez, Hall, Rendon, |
| | | |Linder, Pan, Quirk, |
| | | |Wagner, Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the Na tural Resources Agency and the
California Environmental Protection Agency (CalEPA) awarding or
granting funds for projects associated with the New River to
ensure all awards are expended in a manner consistent with the
New River Improvements Strategic Plan (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) Section 8711)
2)Defines "New River Improvement Project" (NRIP) 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) Section 71103.5)
3)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
AB 407
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river parkways and for urban streams restoration. (PRC
Section 75050)
4)Establishes the Joint Exercise of Powers Act to authorize the
establishment of a joint powers authority and joint powers
agreements, as specified. (GOV Section 6500 et. seq.)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would result in minor, absorbable costs, to
the Natural Resources Agency and CalEPA and constituent
departments.
COMMENTS :
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."
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
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 two thirds of its flow consists of
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wastewater in the form of agricultural runoff from Imperial
County.
The California-Mexico Border Relations Council (Council) and the
New River : AB 3021 (Núñez), Chapter 621, Statutes of 2006,
created the Council to coordinate cross-border activities. AB
1079 (V. Manuel Pérez) of 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.
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.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0000579