BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 965


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          965 (Eduardo Garcia) - As Amended May 4, 2015


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          |Policy       |Environmental Safety and Toxic |Vote:|6 - 0        |
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          |             |Water, Parks and Wildlife      |     |15 - 0       |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires the California-Mexico Border Relations  
          Council at CalEPA to establish the New River Water Quality,  
          Public Health, and River Parkway Development Program (New River  
          Program) to coordinate the funding and implementation of the New  








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          River Strategic Plan.  Additionally, this bill:  


          1)Requires any 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 program's goals.
          2)Specifies funds from the Water Quality, Supply, and  
            Infrastructure Improvement Act of 2014 (Proposition 1) are  
            among the sources of funds that may be appropriated by the  
            Legislature in the California Border Environmental and Public  
            Health Protection Fund.




          3)Specifies the Urban Streams Restoration Program, administered  
            by the Department of Water Resources (DWR), includes 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. Requires DWR  
            to consult with Border Relations Council to establish criteria  
            to fund projects that improve conditions for cross-border  
            urban creeks.


          FISCAL EFFECT:


          1)Potential unknown additional cost pressures on the Urban  
            Streams Restoration Program and increased competition for  
            funding.  


            The 2014 grant cycle approved projects totally $7.9 million  
            from previous water and resources bonds (Proposition 84 and  
            Proposition 13).  DWR received a total of 57 proposals for  
            over $41 million in requested funds.  Thirteen proposals were  








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            recommended for funding and eight contingency proposals were  
            identified in the event additional funds become available.


          2)Absorbable costs for CalEPA and DWR.


          3)Unknown costs for state agencies to align contractual and  
            administrative requirements for New River Projects.





          COMMENTS:


          1)Rationale.  California has developed a Strategic Plan to begin  
            a comprehensive cleanup and restoration effort for the New  
            River. The Colorado Basin Regional Water Quality Control Board  
            is also moving forward on implementing several of the  
            recommendations in the Strategic Plan.  According to the  
            author, current law does not provide for coordinated efforts  
            to help improve the conditions to the river.   This bill  
            provides that coordination.



          2)Background.  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.  








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            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.  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  
            recommendations 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  
            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.  


          3)Urban Streams Restoration Program.  The Urban Streams  
            Restoration Program (USRP) provides grants to local  
            communities for projects to reduce flooding and erosion and  
            associated property damage; restore, enhance or protect the  
            natural ecological values of streams; and promote community  
            involvement, education and stewardship.

            Since 1985, the program has provided more than 270 grants  
            ranging from $1,000 to $1million to communities throughout  
            California. The projects have included stream cleanups, bank  
            stabilization projects, revegetation efforts, recontouring of  
            channels to improve floodplain function and occasional  
            acquisition of strategic floodplain properties or easements.   
            Proposition 1 did not contain any funding for this program.










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            The city of Calexico submitted a request for $1 million for  
            the Calexico New River Parkway Project in the 2014 grant  
            cycle. The total cost of the project is $5,326,000.  This  
            project was not recommended for funding or as a contingency  
            project.   This bill may make the project more competitive for  
            future funding cycles.


            Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081