BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 965 (Eduardo Garcia) - California and Mexico border: water
resources improvement.
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|Version: June 16, 2015 |Policy Vote: N.R. & W. 8 - 0, |
| | E.Q. 7 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 24, 2015 |Consultant: Marie Liu |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 965 would require the California-Mexico Border
Relations Council (council) to establish the New River Water
Quality, Public Health, and River Parkway Development Program.
Fiscal
Impact:
Ongoing costs up to $125,000 annually to the General Fund for
the council to support the New River Water Quality, Public
Health, and River Parkway Development Program.
Unknown cost pressures, potentially in the millions of
dollars, to the General Fund (Propositions 84 and 13) for the
expansion of the Urban Streams Restoration Program.
Ongoing costs of up to $70,000 to the General Fund
(Proposition 1) for the Department of Fish and Wildlife (DFW)
to coordinate with the council in establishing criteria to
fund projects that improve conditions for the New River.
AB 965 (Eduardo Garcia) Page 1 of
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Background: The New River flows north form Mexico, through Mexicali, Baja
California, and Calexico, to the Salton Sea is one of the most
polluted rivers in the country due to discharges from urban,
agricultural, and industrial sources in Mexico and in the US.
According to CalEPA, pollution in the New River threatens public
health, prevents the support of healthy ecosystems for wildlife
and other biological resources, contributes to water quality
problems in the Salton Sea, and hinders economic development in
Imperial County.
As authorized by AB 1079 (V.M. Perez) Chapter 382, Statutes of
2009, the council developed the New River Strategic Plan to
study, monitor, and enhance water quality in the river. The plan
was completed in December 2011.
Existing law establishes the California Border Environmental and
Public Health Protection Fund to receive funds from the state,
the federal government, and private sources to assist agencies
in California and Baja California to implement projects that
identify and resolve environmental and public health problems
that directly threaten the health or environmental quality of
California residents or resources of the California border
region. The fund may not be used to bring a person or facility
into compliance with environmental laws or to remediate
environmental damage. There is currently no balance in the fund.
Existing law establishes the Urban Streams Restoration Program
to award competitive grants for urban creek protection,
restoration, and enhancement. The program has received funding
from Propositions 13 and 84.
The Water Quality, Supply, and Infrastructure Improvement Act of
2014 (Proposition 1), approved by the voters in November 2014,
made available $285 million to DFW for watershed restoration
projects outside of the Delta.
Proposed Law:
AB 965 (Eduardo Garcia) Page 2 of
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This bill would extend the membership of the California-Mexico
Border Relations Council to include the Secretary of State and
Consumer Services and nonvoting, ex-officio representative of
the Regional Administrator of the US Environmental Protection
Agency. The council would also be required to invite
representatives of the State of Baja California and the Mexican
government to participate. The council, instead of the
California Environmental Protection Agency, would administer the
California Border Environmental and Public Health Protection
Fund.
The council would be required to establish the New River Water
Quality, Public Health, and River Parkway Development Program to
coordinate funding for, and the implementation of, the
recommendations of the New River Strategic Plan.
This bill would expand project eligibility in the Urban Streams
and Restoration Program to include projects that reduce water
quality impairments and nonpoint source water pollution and
projects that establish parkways for public use that benefit
flood control and water quality.
This bill would amend Proposition1 to require DFW to consult
with the council to establish criteria to fund projects that
improve conditions for cross-border urban creeks and watersheds
with monies made available to DFW for watershed restoration
projects outside of the Delta.
Staff
Comments: CalEPA would likely need up to one position for the
council to coordinate fund and oversee the implementation of the
New River Strategic Plan under the New River Water Quality,
Public Health, and River Parkway Development Program at an
annual cost of $125,000. Staff notes that these costs are
potentially less as the New River Strategic Plan is being
already being partially implemented by the Region 7 Regional
Water Quality Control Board and the Calexico New River
Committee. However, some additional workload is necessary as a
result of this bill because the progress of the Calexico New
River Committee has been hindered by limited resources.
AB 965 (Eduardo Garcia) Page 3 of
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The Urban Streams Restoration Program, administered by DWR, is
an oversubscribed program funded by limited bond funds. Staff
notes that 2014, the program had $7.9 million available for
allocation. DWR received a total of 57 proposals with $41
million in requested funds. To the extent that this bill allows
for the funding of projects that would not otherwise have been
eligible, this bill would create additional cost pressures on
the grant program, potentially in the millions of dollars.
For DFW to coordinate with the council on development of
criteria to fund projects that improve conditions of the New
River, DFW anticipates having on-going annual costs of
approximately $70,000. While cost pressures already exist on the
specified Proposition 1 monies to fund projects that would
benefit the New River, by establishing explicit criteria to fund
New River projects, this bill magnifies the existing cost
pressures.
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