Amended in Assembly January 23, 2014

Amended in Assembly January 6, 2014

Amended in Assembly September 11, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 690

Introduced by Assembly Members Campos and Medina

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(Coauthors: Assembly Members Alejo, Daly, Fox, Linder, and V. Manuel Pérez)

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February 21, 2013

An act to add the heading of Chapter 1 (commencing with Section 99500) to, to add Chapter 2 (commencing with Section 99520) and Chapter 3 (commencing with Section 99530) to, Title 20 of, and to repeal Chapter 8 (commencing with begin insert Section end insert 8700) and Chapter 8.1 (commencing with begin insert Section end insert 8710) of Division 1 of Title 2 of, the Government Code, relating to state government.

LEGISLATIVE COUNSEL’S DIGEST

AB 690, as amended, Campos. State government: international relations.

Existing law requires the California-Mexico Border Relations Council to, among other things, coordinate activities of state agencies that are related to cross-border programs, initiatives, projects, and partnerships that exist within state government. Existing law also authorizes the Office of California-Mexico Affairs to develop better relations with Mexico by coordinating with state agencies to foster economic cooperation.

This bill would repeal, and recast those provisions relating to the California-Mexico Border Relations Council. This bill would begin delete repeal, end delete begin insert repeal end insert and recast those provisions relating to the Office of California-Mexico Affairs.

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

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

SECTION 1.  

Chapter 8 (commencing with Section 8700) of
Division 1 of Title 2 of the Government Code is repealed.

SEC. 2.  

Chapter 8.1 (commencing with Section 8710) of
Division 1 of Title 2 of the Government Code is repealed.

SEC. 3.  

The heading of Chapter 1 (commencing with Section
99500) is added to Title 20 of the Government Code, to read:

 

Chapter  1. General Provisions

 

SEC. 4.  

Chapter 2 (commencing with Section 99520) is added
to Title 20 of the Government Code, to read:

 

Chapter  2. Office of California-Mexico Affairs

 

99520.  

The Legislature finds and declares the following:

(a) The United States and Mexican economies have become
increasingly integrated, particularly since the 1994 adoption of the
North American Free Trade Agreement, or NAFTA.

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(b) This integration has brought both California and Mexico
opportunities and challenges in the areas of economic development,
labor relations, and environmental protection.

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(c) The California Office of the Southwest Border Regional
Conference (formerly commission) was established as part of a
joint American border states effort to further and develop favorable
relations with the six Mexican border states.

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(d) The efforts of the California office of the conference continue
to be an essential part of California’s interaction with Mexico.

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(e) It is important for the state and for the nation that state
agencies continue to address important United States-Mexico
issues.

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(b) As the second largest United States exporter to Mexico,
California has the potential to increase its exports at a faster pace
and capitalize on Mexico’s growing economy.

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(c) In 2012, the value of California’s exports to Mexico totaled
$26.3 billion, equivalent to more than one and one-half times
California’s trade with its closest trade partner Canada, at $17.2
billion, and almost twice its second closest trade partner, China,
at $13.9 billion.

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(d) The relationship between Mexico and California generates
over $20.9 billion per year for California.

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(e) According to the United States Chamber of Commerce, trade
with Mexico in 2010 represented 692,240 California jobs, making
California the state with the most trade-related jobs with Mexico
in the United States. California is the second-largest exporter to
Mexico among the 50 states, ranking behind Texas.

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(f) Among California’s international trading partners, only
Mexico shares a border with California. In fact, California has
four major international border crossings supporting the movement
of both persons and goods: San Ysidro, Otay Mesa, Tecate, and
Calexico. Of these, Otay Mesa and Calexico accommodate the
largest volume of trade. Otay Mesa is the largest California
crossing, ranking sixth in the nation. In 2010, these California
gateways with Mexico moved $46.9 billion in merchandise.

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(g) At issue is border crossing delays between Mexico and the
United States along the Imperial County-Baja California border.

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(h) In California, losses due to border crossing delays accounted
for an estimated revenue loss of $1.16 billion and 25,000 jobs in
2008.

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(i) While California remains the largest recipient of foreign
domestic investment (FDI) in the United States, faster FDI is
occurring elsewhere.

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(j) Despite this critical economic relationship, California has
not had a formal mechanism for the past decade devoted to
maximizing trade, addressing challenges, and coordinating
cross-border programs for trade development between the two
countries. This has left California employers and businesses
without formal access to Mexican government officials, a major
disadvantage to California’s trade industries.

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(k) In 2006, the Office of California-Mexico Affairs was
established to further and develop favorable relations with Mexican
states by cooperating with similar organizations and agencies
situated within California, the United States, or Mexico. Important
areas of activity include, but are not limited to, enhancing
economic development opportunities among the participating
states, improving working conditions and living standards, and
fostering the protection and improvement of the environment in
Mexico and California.

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(l) To help carry out these duties the California-Mexico Border
Relations Council was also established to identify new border
priorities and fundable projects in the areas of infrastructure,
trade, environment, health, and security while supporting current
and ongoing activities such as the Border Governors Conference,
trade missions, and border workgroups, and coordinating specific
future projects with Mexico.

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(m) It is critical for California that state agencies continue to
address important United States-Mexico issues.

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(n) Furthermore, California should maximize its economic
relationship with Mexico to improve the state’s economy, to
maximize the amount of exports, and create more California jobs.

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(o) Therefore, the Legislature finds that California needs a
formalized trade relationship with Mexico. Establishing an official
trade relationship with Mexico will help ensure that the state can
improve its global competitiveness and protect California industry,
proactively support the expansion and location of businesses in
California, provide international business assistance to California
businesses, and support their entry and successful participation
in the growing Mexican marketplace.

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(f)

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begin insert (p) end insert  The Office of California-Mexico Affairs begin delete provides end delete begin insert and the
California-Mexico Border Relations Council provide end insert a focal point
in state government to serve as a clearinghouse for information
and assistance to other state agencies that are involved with
Mexico.

99521.  

The following definitions shall govern the construction
of this chapter:

(a) “Conference” means the Southwest Border Regional
Conference.

(b) “Office” means the Office of California-Mexico Affairs.

99522.  

(a) There is in state government an Office of
California-Mexico Affairs. Within this office the operations of the
California Office of the Southwest Border Regional Conference
shall be continued.

(b) The office succeeds to and is vested with all the duties,
powers, purposes, and responsibilities vested in the California
office of the conference and previously vested in the Commission
of the Californias.

(c) The office shall have possession and control of all records,
papers, offices, equipment, supplies, moneys, funds, appropriations,
land, and other property, real or personal, held for the benefit or
use of the California office of the conference, or previously held
for the benefit or use of the commission, in the performance of the
duties, powers, purposes, responsibilities, and jurisdiction of the
California office of the conference or the commission.

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99523.  

The members of the Southwest Border Regional
Conference shall be the Governors of the four American border
states. The California member of the conference is the Governor
of California or his designee.

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begin insert 99523. end insert   

The Governor, or his or her designee, shall serve as
the California member of any board, council, commission, or other
binational advisory or coordinating body convened under the
auspices of the Office of the California-Mexico Affairs.

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99524.  

The office shall further and develop favorable relations
with the State of Baja California, the State of Baja California Sur,
other Mexican states bordering begin delete on end delete the United States, and the
remaining states and territories of the Republic of Mexico
necessary for the completion of the office’s tasks. The office shall
cooperate with similar organizations and agencies situated within
California, the United States, or Mexico, to further economic
development, improve working conditions and living standards,
and foster the protection and improvement of the environment in
Mexico and California. The office shall avail itself of the services
of begin delete the end delete San Diego State University, which is engaged in educational,
cultural, and research activities with Mexico. The office shall be
responsible for carrying out the ongoing responsibilities of the
Southwest Border Regional Conference begin insert and any successor
binational organization end insert .

99525.  

The Governor shall appoint a director of the office. The
director may appoint and employ any personnel that he or she
deems necessary to carry out the functions of the office. The office
may incur all necessary expenses to effectuate its purposes and
may accept grants from federal and state agencies. The office may
also accept funds from private organizations or individuals in order
to assist the office in the accomplishment of its functions as set
forth in this chapter.

99526.  

Members and employees of the office may travel outside
of California and may hold hearings and conduct investigations
within and outside of the state whenever necessary to carry out
the duties set forth in this chapter. Members and employees may
acquire any available information from any governmental agency
within the United States or Mexico necessary for the completion
of their tasks.

99527.  

The office shall be responsible for the establishment
of committees in those topic areas deemed necessary by the
director. Recommendations of the committees shall not be binding
on the Governor or the Legislature but shall only be advisory in
nature.

SEC. 5.  

Chapter 3 (commencing with Section 99530) is added
to Title 20 of the Government Code, to read:

 

Chapter  3. California-Mexico Border Relations Council

 

99530.  

The following definitions shall apply to this chapter:

(a) “Border” means the line of demarcation between California
and Mexico.

(b) “Council” means the California-Mexico Border Relations
Council.

(c) “Public agency” means a city, county, city and county,
district, or the state or any agency or department of the state.

99531.  

(a) The California-Mexico Border Relations Council
is hereby established in state government. The council shall consist
of the Director of the Governor’s Office of Business and Economic
Development, the Secretary of the Natural Resources Agency, the
Secretary for Environmental Protection, the Secretary of California
Health and Human Services, the Secretary of Transportation, the
Secretary of Food and Agriculture, and the Director of Emergency
Services.

(b) The Director of the Governor’s Office of Business and
Economic Development shall chair the council.

99532.  

The council shall do all of the following:

(a) Coordinate activities of state agencies that are related to
cross-border programs, initiatives, projects, and partnerships that
exist within state government, to improve the effectiveness of state
and local efforts that are of concern between California and
Mexico.

(b) Establish policies to coordinate the collection and sharing
of data related to cross-border issues between and among agencies.

(c) Identify and recommend to the Legislature changes in law
needed to achieve the goals of this section.

99533.  

Beginning January 1, 2008, the council shall submit a
report to the Legislature on the council’s activities annually.