BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 965


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          Date of Hearing:  April 28, 2015 


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


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


          SUBJECT:  California and Mexico border:  water resources  
          improvement


          SUMMARY:  Establishes the New River Water Quality, Public  
          Health, and River Parkway Development Program (New River  
          Development Program) to coordinate funding for, a strategic plan  
          and projects.  Also enlarges the purposes of the Urban Streams  
          Restoration Program to include water quality improvements and  
          the establishment of parkways.  Specifically, this bill:  


          1)Modifies laws relating to environmental and public health at  
            the California-Mexico border to require the California-Mexico  
            Border Relations Council (Border Council) to establish the New  
            River Development Program and coordinate funding and  
            implementation of the New River Strategic Plan.


          2)Amends the Urban Streams Restoration Program 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.


          3)Requires the Department of Fish and Wildlife (DFW) when  








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            administering $285 million in general obligation funding for  
            ecosystem restoration available under Proposition 1, the Water  
            Quality, Supply, and Infrastructure Improvement Act of 2014  
            (Prop. 1), to consult with the Border Council when developing  
            any regulations or guidelines for the expenditure of these  
            moneys and establishing criteria for watershed restoration  
            projects on the California-Mexico border.


          EXISTING LAW:  


          1)Establishes the Border Council as the central organizing body  
            overseeing and collaborating on California-Mexico border  
            issues.


          2)Recognizes that the New River poses an imminent and severe  
            threat to the public health of residents of Calexico,  
            California, and adjacent communities in Imperial County and  
            that since the 1940s the New River has been recognized as a  
            significant pollution and human health problem, primarily  
            because of extremely high concentrations of fecal coliform  
            bacteria. 



          3)Establishes the California Border Environmental and Public  
            Health Protection Fund (Fund) in the State Treasury to receive  
            funds appropriated in the annual Budget Act, and other  
            sources.



          4)Specifies that the Fund shall assist appropriate responsible  
            agencies in California and Baja California in the  
            implementation of projects to identify and resolve  
            environmental and public health problems that directly  
            threaten the health or environmental of California residents  








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            or sensitive natural resources of the California border  
            region, including projects related to domestic and industrial  
            wastewater, vehicle and industrial air emissions, hazardous  
            waste transport and disposal, human and ecological risk, and  
            disposal of municipal solid waste. 


          5)Establishes the Urban Streams Restoration Program to provide  
            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.

          6)Authorizes $7.545 billion in general obligation bond funding  
            for water-related projects and programs under Prop. 1,  
            including $100 million for projects to protect and enhance an  
            urban creek, and $285 million for ecosystem restoration  
            outside of the Delta.  

          FISCAL EFFECT:  Unknown


          COMMENTS:  This bill establishes a development program to  
          coordinate funding for, and implement, New River Improvement  
          Projects.  This bill also enlarges the purposes of the Urban  
          Streams Restoration Program and could therefore make New River  
          related projects eligible for funding under Prop. 1.


          1)Author's statement:  The author states that the Colorado Basin  
            Water Quality Control Board is moving forward on implementing  
            several of the New River strategic plan recommendations but  
            there is still a need for better coordination of state agency  
            involvement and funding for New River remediation. The author  
            adds that current law does not provide for coordinated efforts  
            to help improve the river.


          2)Prior and related legislation:  








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          AB 3021 (Núñez), Chapter 621, Statutes of 2006 created the  
            California-Mexico Border Relations Council. The Secretary for  
            Environmental Protection serves as the Council Chair. The  
            Council will provide an annual update on California-Mexico  
            activities and programs to the Legislature and will be the  
            central organizing body overseeing and collaborating on  
            California-Mexico border issues. The Council has the potential  
            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, border  
            workgroups, and coordinating specific future projects with  
            Mexico.  

          AB 1471 (Rendon), Chapter 188, Statutes of 2014 placed Prop. 1  
            on the November 4, 2014 statewide ballot where it passed with  
            over 67% of the vote.
          REGISTERED SUPPORT / OPPOSITION:




          Support


          Calexico New River Committee (sponsor)




          Opposition


          None on file










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          Analysis Prepared by:Tina Cannon Leahy / W., P., & W. / (916)  
          319-2096