BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 14, 2015


           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS


                                  Luis Alejo, Chair


          AB 965  
          (Eduardo Garcia) - As Amended April 6, 2015


          SUBJECT:  California and Mexico border:  water resources  
          improvement


          SUMMARY:  Requires the California-Mexico Border Relations  
          Council (Border Relations Council) to establish the New River  
          Water Quality, Public Health, and River Parkway Development  
          Program (New River Program) to coordinate funding for, and the  
          implementation of, the recommendations from the New River  
          Strategic Plan.  Provides the Border Relations Council with a  
          consultative and coordinating role on the development,  
          implementation and funding of specified border-related projects.  
            Specifically, this bill:  

          1)Deletes the statutory reference to the California Border  
            Environmental Cooperation Committee (Cal BECC).

          2)Changes the definition of the California-Baja California  
            border region from the region "described in Chapter IV of the  
            US-Mexico Border XXI Program, Framework Document, published  
            October 1996" to the region "to the north and south of the  
            international border between California and Baja California  
            described in Article 4 of the La Paz Agreement, signed August  
            14, 1983, between the United States and Mexico." 

          3)Clarifies that Proposition 1 funds may be deposited into the  








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            California Border Environmental and Public Health Protection  
            Fund (Fund).

          4)Requires the Secretary for Environmental Protection to consult  
            with the Border Relations Council, instead of Cal BECC, when  
            awarding grants to remediate environmental, public health, or  
            natural resource concerns due to cross-border transmission of  
            environmental pollutants or toxics.

          5)Provides that the Secretary for Environmental Protection, on  
            behalf of the Border Relations Council, instead of on behalf  
            of Cal BECC, shall accept donations for distribution to  
            governmental entities, community-based nonprofit  
            organizations, and educational institutions located in the  
            border region if the donations can be shown to contribute to  
            the protection of the environment, public health, or natural  
            resources of the California border region.

          6)Requires the Border Relations Council to establish the New  
            River Program to coordinate funding for, and the  
            implementation of, the recommendations from the New River  
            Strategic Plan and the projects identified pursuant to the  
            statutory guidelines of the Fund.

          7)Requires a state agency that funds the activities of the New  
            River Program to make all necessary efforts to integrate and  
            align its contractual and administrative requirements for  
            grants, loans, and other forms of financial support to meet  
            the goals of the Program.

          8)Updates the definition of urban creek protection, restoration,  
            and enhancement to include the reduction of water quality  
            impairments and nonpoint source water pollution, and the  
            establishment of parkways for public use that benefit flood  
            control and water quality.

          9)Requires the Department of Water Resources (DWR) to consult  
            with the Border Relations Council to establish criteria to  
            fund projects that improve conditions for cross-border urban  








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            creeks.

          10)Requires responsible agencies to consult with the Border  
            Relations Council when developing regulations or guidelines  
            for the expenditure of funds pursuant to Proposition 1 for,  
            and establishing criteria for, watershed restoration projects  
            in the border region.
          
          EXISTING LAW:  


             1)   Creates the Border Relations Council, consisting of the  
               Secretaries of the Resources Agency; Environmental  
               Protection; Health and Human Services; Business,  
               Transportation and Housing; and, Food and Agriculture; and  
               the Director of Emergency Services.  Provides that the  
               Secretary for Environmental Protection serves as the  
               Council chair.  (Government Code (GC) § 99522)

             2)   Requires the Border Relations Council to: Coordinate  
               activities of state agencies that are related to  
               cross-border programs; establish policies to coordinate the  
               collection and sharing of data related to cross-border  
               issues; identify and recommend to the Legislature changes  
               in law needed to coordinate border activities; and, submit  
               an annual report to the Legislature on border activities.   
               (GC § 99523)

             3)   Creates the Fund in the State Treasury to receive funds  
               appropriated in the annual Budget Act, and other sources,  
               such as from North American Development Bank, Border  
               Environment Cooperation Committee, United States  
               Environmental Protection Agency, and private businesses or  
               foundations.  (Public Resources Code (PRC) § 71101 (a))

             4)   Requires the money in the Fund to be available, upon  
               appropriation, to the Secretary of Environmental Protection  
               for allocation for projects that identify and resolve  
               environmental and public health problems at the California  








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               border region.  (PRC § 71101 (b) and 71102)

             5)   Provides the California Border Environmental Cooperation  
               Committee (Cal BECC) when awarding grants from the Fund.   
               (PRC § 71103 (b))

             6)   Requires the Border Relations Council to develop a  
               strategic plan to guide the implementation of the New River  
               Improvement Project, as specified.  (PRC § 71103.5 (c))

             7)   Authorizes the Director of Water Resources to establish  
               a program of flood damage reduction and urban creek  
               restoration known as the Urban Streams Restoration Program.  
                (Water Code (WC) § 7048 (a))

             8)   Authorizes, pursuant to the Water Quality, Supply, and  
               Infrastructure Improvement Act of 2014 (Proposition 1),  
               $7,120,000,000 in bonds to be issued and sold to provide a  
               fund for specified purposes to address the varied  
               challenges facing California's water resources (WC § 79700,  
               et seq.)

          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Need for the bill:  According to the author, "California has  
          developed a Strategic Plan to begin a comprehensive cleanup and  
          restoration effort for the New River.  Further statutory  
          clarification is needed to define how the strategic plan will be  
          implemented and funded by state agencies.  Improved coordination  
          and a strategic funding will help remediate the health and  
          safety issues posed by the New River?

          The Colorado Basin Regional Water Quality Control Board is also  
          moving forward on implementing several of the recommendations of  
          the Strategic Plan.  Despite these promising steps, there is  








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          still a need for better coordination of state agency involvement  
          and funding for New River remediation.  Current law does not  
          provide for coordinated efforts to help improve the conditions  
          to the river. "

          California - Mexico Border Relations:  The issues affecting the  
          U.S.- Mexico border region are complex and challenging.   
          Communities on both sides of the border face rapid population  
          growth, urbanization, industrial expansion, and increasing flows  
          of international trade, which in turn create challenges related  
          to the environment, public health, security, and land use.

          California has attempted to address these cross-border issues  
          legislatively since the 1980s.  Legislation enacted in 1982  
          established the Office of California-Mexico Affairs within the  
          Technology, Trade, and Commerce Agency; however, in 2003, the  
          agency was abolished through Assembly Bill (AB) 1757, (Committee  
          on Budget, Chapter 229, Statutes of 2003), and the duties of the  
          agency were reassigned to other state entities.  In 2004, the  
          California Research Bureau released a report listing  
          California-Mexico programs operating in more than 100 state  
          agencies (ISBN: 1-58703-195-7 in California Research  
          Bureau-California State Library).  Currently, most of these  
          programs are defunct because no organizing entity existed to  
          coordinate interagency cooperation.  

          Border Relations Council:  To improve statewide oversight and  
          coordination of the state's involvement with Mexico, the  
          Legislature enacted AB 3021 (Núñez, Chapter 621, Statutes of  
          2006), which created the Border Relations Council to serve as  
          the central organizing body overseeing and collaborating on  
          California-Mexico border issues.  The Secretary for  
          Environmental Protection serves as the Council Chair.  Currently  
          the Border Relations Council: coordinates cross-border programs,  
          initiatives, projects, and partnerships within California state  
          agencies; establishes California state agency policies for the  
          collection and sharing of cross-border data; identifies and  
          recommends changes in the law needed to achieve the goals of the  
          council; and, provides an annual report of activities to the  








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          Legislature.  

           The New River:  The New River flows north from near Cerro  
          Prieto, Mexico, through the city of Mexicali, into the United  
          States through the city of Calexico, California, and discharges  
          into the Salton Sea.  The river does not flow from a natural  
          source, but instead consists of urban runoff, untreated and  
          partially treated municipal wastes, untreated and partially  
          treated industrial wastes, and agricultural runoff.  While  
          strides have been made over the decades to improve the quality  
          of the water in the New River, it is still often referred to as  
          one of the most severely polluted rivers of its size in the  
          United States.  

          Strategic plan for the New River:  AB 1079 (V. M. Perez, Chapter  
          382, Statutes of 2009), required the Border Relations Council to  
          create a strategic plan to study, monitor, remediate, and  
          enhance the New River's water quality to protect human health  
          and to develop a river parkway suitable for public use and  
          enjoyment.  

          Pursuant to provisions in AB 1079, the Chair of the Council  
          appointed the New River Technical Advisory Committee (TAC) to  
          oversee the development of the strategic plan and ensure  
          community involvement.  The TAC began work in the summer of 2010  
          and continued with multiple internal and stakeholder  
          interactions through the fall of 2011.  The Border Relations  
          Council released the Strategic Plan:  New River Improvement  
          Project (New River Strategic Plan) in December of 2011.  The New  
          River Strategic Plan includes more than a dozen specific  
          recommended solutions to continue to clean up the New River.

          The Colorado Basin Regional Water Quality Control Board, the  
          main entity responsible for New River water quality on the U.S.  
          side of the border, has taken steps to comply with the  
          recommendations laid out in the New River Strategic Plan,  
          including working with dischargers on the American side to bring  
          them into compliance.  However, California entities face  
          statutory authority, resource, and other limitations to  








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          achieving all of the recommendations, including that the water  
          crosses the border in an impaired state and that cross-border  
          issues are often federal in nature.  

          California Border Environmental and Public Health Protection  
          Fund (Fund):  AB 2317 (Ducheny, Chapter 742, Statutes of 2000)  
          created the Fund, the money in which would be available, upon  
          appropriation, to assist local governments in implementing  
          projects to identify and resolve environmental and public health  
          problems that directly threaten California residents or  
          sensitive natural resources of the California border region; to  
          provide technical assistance and funds for equipment and labor  
          costs associated with emergency abatement of environmental and  
          public health problems imposed on residents of California due to  
          cross-border impacts of pollutants originating from Baja  
          California; and, to provide analytical and scientific equipment  
          and services needed by border area public agencies to identify  
          and monitor the sources of cross-border environmental pollutants  
          and toxics.  While the Budget Act of 2000 appropriated $2.8  
          million to address environmental pollution at the Mexican  
          border, money was never allocated to the Fund.

          Current statute requires CalEPA to consult with Cal BECC when  
          disbursing the funds from the Fund.  Cal BECC was an  
          international organization created in November of 1993 to  
          promote environmental improvement in the U.S.-Mexico border  
          region; however, it no longer exists.  

          This bill deletes the requirement for CalEPA to consult with Cal  
          BECC and instead requires it to coordinate with the Border  
          Relations Council when awarding grants from the Fund to mitigate  
          cross-border transmission of environmental pollutants or toxics.  
           Additionally, it specifies that Proposition 1 funds may be  
          deposited in the Fund. 

          ESTM hearings on cross border river water quality:  On March 19  
          and 20th, 2015, the California State Assembly Committee on  
          Environmental Safety and Toxic Materials (ESTM) held a two-part  
          series of hearings in Southern California focusing on  








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          California's role in managing binational river water quality  
          issues and on ensuring that border communities, especially  
          disadvantaged communities, are not left behind in water quality  
          restoration efforts.  The first hearing was held in Imperial  
          Beach and focused on the progress and challenges facing the  
          Tijuana River recovery strategy.  The second hearing was held in  
          Calexico and focused on the New River restoration efforts.  

          Dozens of community members, local elected officials, members of  
          international bodies and officials from the states of Baja  
          California and California attended the hearings.  Prioritization  
          of cross border water quality issues, dedicated funds for water  
          quality enhancement that can be used on both sides of the  
          border, and delineating an entity to coordinate and collaborate  
          on cross-border water quality issues were common themes of the  
          testimony presented at the New River hearing.  

          This bill incorporates the testimony that called for a  
          coordinating body, designated by AB 965 as the Border Relations  
          Council, to implement the New River Strategic Plan.  In  
          addition, the bill designates the Border Relations Council as a  
          consultative body on the disbursement of funds from the Fund,  
          requires DWR to consult with the Border Relations Council on  
          cross-border urban creek projects, and requires responsible  
          agencies to consult with the Border Relations Council when  
          developing regulations and guidelines for the expenditure of  
          Proposition 1 funds that will be used for watershed restoration  
          in the border region.  All of these provisions are designed to  
          create a more coordinated effort for implementing and funding  
          the improvement of the New River.    

           Related bills:

             1)   AB 1059 (Garcia). Requires the Office of Environmental  
               Health Hazard Assessment to update the California  
               Communities Environmental Health Screening tool by using  
               environmental data relating to known impacts on the  
               environmental quality of the communities in the  
               California-Mexico border region.  This bill is scheduled to  








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               be heard in the Assembly Environmental Safety and Toxic  
               Materials Committee on April 14, 2015.

             2)   AB 2317 (Ducheny), Chapter 742, Statutes of 2000.   
               Created the Fund, the money in which would be available,  
               upon appropriation, to assist with projects to mitigate  
               environmental and public health problems on the border. 

             3)   SB 387 (Ducheny), Chapter 112, Statutes of 2005.   
               Authorized the City of Calexico to undertake a  
               comprehensive project for the cleanup and encasement of the  
               New River within its city limits as part of a pollution  
               cleanup measure and to protect human health.

             4)   AB 3021 (Núñez), Chapter 621, Statutes of 2006.  Created  
               the Border Relations Council, consisting of specified state  
               officials, and required the 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.

             5)   AB 1 (Evans), Chapter 1, Statutes of 2009-10 Fourth  
               Extraordinary Session.  Appropriated $800,000 for the City  
               of Calexico for environmental review, engineering design,  
               and associated planning necessary to develop a river  
               parkway plan and river improvement project for the New  
               River.  

             6)   AB 1079 (Victor M. Perez ) Chapter 382, Statutes of  
               2009.  Required the Border Relations Council to develop a  
               strategic plan to guide the implementation of the New River  
               Improvement Project.  Created the New River Improvement  
               Project Account in the Fund and denoted that moneys in the  
               account, upon appropriation by the Legislature, would be  
               expended for activities related to the New River.

          Double referral:  This bill was double referred to the Assembly  
          Committee on Water, Parks and Wildlife.  









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Calexico Chamber of Commerce


          Calexico New River Committee


          City of Brawley


          City of Calexico


          Comite Civico Del Valle


          County of Imperial Board of Supervisors


          Imperial County Democratic Central Committee


          Imperial Irrigation District


          LabelGMOs.org


          Neighborhood House of Calexico











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          Opposition


          None received.




          Analysis Prepared by:Shannon McKinney / E.S. & T.M. / (916)  
          319-3965