BILL ANALYSIS Ó AB 965 Page 1 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 AB 965 Page 2 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 AB 965 Page 3 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: AB 965 Page 4 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 AB 965 Page 5 Analysis Prepared by:Tina Cannon Leahy / W., P., & W. / (916) 319-2096