BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 965 Hearing Date: June 23,
2015
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|Author: |Eduardo Garcia | | |
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|Version: |June 16, 2015 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Dennis O'Connor |
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Subject: California and Mexico border: water resources
improvement.
BACKGROUND AND EXISTING LAW
1)Existing law establishes the California-Mexico Border
Relations Council (council). The council consists of the
Secretary of the Resources Agency, the Secretary for
Environmental Protection, the Secretary of Health and Human
Services, the Secretary of Business, Transportation and
Housing, the Secretary of Food and Agriculture, and the
Director of Emergency Services.
Among other things, the council is charged with:
Coordinating 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.
Establishing policies to coordinate the collection and
sharing of data related to cross-border issues between and
among agencies.
1)The California Border Environmental Cooperation Committee (Cal
BECC) was established on July 22, 1994 by the Governors of
California, Baja California, and Baja California Sur. The
purpose of Cal BECC was to establish coordinated actions to
implement strategic programs to protect public health and the
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environment in the shared region. Cal BECC was eliminated as
a part of Governor Schwarzenegger's Reorganization Plan 1.
2)Existing law establishes the California Border Environmental
Education Fund (Fund) in the State Treasury to receive funds
appropriated in the annual Budget Act, and other sources.
The Fund is to be used to assist responsible agencies in
California and Baja California in implementing projects to
identify and resolve environmental and public health problems
that directly threaten the environmental or public health of
California residents or sensitive natural resources of the
California border region. Such project include 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.
3)The Secretary of Cal-EPA, upon appropriation by the
legislature and in consultation with Cal BECC, is authorized
to award grants from the fund to address cross-border
transmission of environmental pollutants or toxics to the city
or county in which the entity, organization, or institution is
located.
4)Existing law further requires the council to develop a
strategic plan to guide the implementation of the New River
Improvement Project. The strategic plan is to include the
following elements:
Quantification of current and projected New River water
quality impairments and their threat to public health.
Prioritization of the actions necessary to protect
public health and to meet New River water quality
objectives and other environmental goals, such as improving
the quality of water flows into the Salton Sea.
Identification of potential funds for the implementation
of the project, and potential lead agencies that would be
responsible for environmental review of activities related
to the cleanup and restoration of the New River.
Identification of the appropriate federal, state, and
local agencies with a role in implementing and achieving
the New River Improvement Project.
1)Establishes the Urban Streams Restoration Program to provide
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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.
2)Authorizes $7.545 billion in general obligation bond funding
for water-related projects and programs under Proposition 1
(Prop. 1), including $100 million for projects to protect and
enhance an urban creek, and $285 million for ecosystem
restoration outside of the Delta.
PROPOSED LAW
This bill would:
1)Rename the "California Border Environmental Education Fund"
the "California Border Environmental and Public Health
Protection Fund".
2)Add the Secretary of State and Consumer Services as a member
of the council.
3)Provide that the Regional Administrator of the United States
Environmental Protection Agency, Region 9, may appoint a
representative from his or her staff to serve as an
ex-officio, non-voting member of the council.
4)Require the council to invite the participation of
representatives of the State of Baja California and the
Mexican government to participate in meetings.
5)Require the council to coordinate the awarding of grants
instead of Cal BECC.
6)Make explicit that the Fund may receive proceeds of bonds sold
pursuant to Prop. 1
7)Require the council to establish the New River Water Quality,
Public Health, and River Parkway Development Program to
coordinate funding for, and the implementation of, the
recommendations from the New River strategic plan.
8)Amend the Urban Streams Restoration Program to include the
reduction of water quality impairments and nonpoint source
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water pollution and the establishment of parkways for public
use that benefit flood control and water quality.
9)Require the Department of Fish and Wildlife (DFW) when
administering $285 million in funding for ecosystem
restoration available under Prop. 1, to consult with the
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.
10) Corrects some cross-references and makes other technical
amendments.
ARGUMENTS IN SUPPORT
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
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. "
ARGUMENTS IN OPPOSITION: None Received
COMMENTS
Basic Clean-up. Much of this bill is basic code clean-up,
correcting cross-references, eliminating archaic references, and
other largely technical changes.
Proposition 1. The requirement that DFW consult with the
council when developing funding guidelines and criteria for
watershed restoration projects on the California-Mexico border
appear consistent with the provisions of the bond.
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Double-Referral. The Rules Committee referred this bill to both
the Committee on Natural Resources and Water and to the
Committee Environmental Quality. Therefore, if this bill passes
this committee, it will be referred to the Committee on
Environmental Quality, which will consider the issues within
their jurisdiction.
SUGGESTED AMENDMENTS: None
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SUPPORT
Calexico Chamber of Commerce
City of Brawley
City of Calexico
Comité Cívico Del Valle
County of Imperial
Imperial County Democratic Central Committee
Imperial Irrigation District
Label GMOs org
OPPOSITION: None Received
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