BILL ANALYSIS
AB 2202
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Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
AB 2202 (V. Manuel Perez) - As Introduced: February 18, 2010
SUBJECT : Safe, Clean, and Reliable Drinking Water Supply Act
of 2010: New River Improvement Project: strategic plan.
SUMMARY : Requires that any funds appropriated pursuant to the
New River appropriation in the Safe, Clean, and Reliable
Drinking Water Supply Act of 2010 (Act) must be consistent with
the strategic plan to guide the implementation of the New River
Improvement Project (strategic plan). Provides that it is the
intent of the Legislature that money not be appropriated
pursuant to the Act until the completion of the strategic plan.
Specifically, this bill :
1)Provides that the Act, if approved by the voters at the
November 2, 2010, statewide general election, makes twenty
million dollars ($20,000,000) available for water quality and
public health projects on the New River.
2)Provides that the Act specifically gives the Legislature the
authority to enact legislation necessary to implement programs
funded by the Act.
3)Provides that the Legislature finds that to ensure that moneys
are available for New River projects as expeditiously as
possible, the provisions of this bill should be enacted before
the voters have approved the Act.
4)Provides that it is the intent of the Legislature that money
not be appropriated pursuant to the New River appropriation in
the Act until the completion of the strategic plan.
5)Requires that any funds appropriated pursuant to the New River
appropriation in the Act to be consistent with the strategic
plan.
6)Provides that the provisions of this bill will take effect
only if the Act is approved by voters at the November 2, 2010,
statewide general election.
EXISTING LAW :
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1)Pursuant to the Safe, Clean, and Reliable Drinking Water
Supply Act of 2010, subject to voter approval, makes the sum
of twenty million dollars ($20,000,000) available for water
quality and public health projects on the New River. (Water
Code 79720.6)
2)Establishes the California-Mexico Border Relations Council
(Council), which is required to coordinate the activities of
state agencies that are related to cross-border programs,
initiatives, projects, and partnerships between California and
Mexico. (Government Code 8711 et. seq.)
3)Requires the Council, contingent upon the execution of an
agreement with the City of Calexico for the purpose of
providing necessary funding, to develop a strategic plan to
guide the implementation of the New River Improvement Project.
Authorizes the Council to convene and oversee a technical
advisory committee. (Public Resources Code Section 71103.5)
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bil l: According to the author's office, "the New
River has been an impaired river for over five decades. Today,
the New River remains an environmental hazard and public health
threat to the region; affecting air and water quality and the
quality of life for the residents of Imperial County. In
November of 2009, the Legislature approved SB X7 2, (Cogdill),
the Safe, Clean, and Reliable Drinking Water Supply Act of 2010,
a water infrastructure bond in the amount of $11,140,000,000.
Under Chapter 5, the Drought Relief section, the bond bill
appropriated $20 million dollars for the New River. While this
authorization demonstrates an impressive state commitment and
investment in the New River, we are concerned with the lack of
legislative direction or implementation guidance in the bond
bill. AB 1079 required the California Mexico Border relations
counsel to develop a strategic plan to guide the implementation
of the New River clean-up. Earlier this year the Council voted
to convene a technical advisory committee and is currently
developing its membership. As new moneys, including the $20
million from SBX7 2 (Cogdill) become available for the New River
clean-up, it is important that they are appropriated in a manner
consistent with the vision and intent of AB 1079 and
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specifically the Council's strategic plan."
The New River : According to the State Water Resources Control
Board (SWRCB), the New River carries urban runoff, untreated and
partially treated municipal wastes, untreated and partially
treated industrial wastes, and agricultural runoff from the
Mexicali Valley into the United States. By the time the New
River reaches the Salton Sea, about 2/3 of its flow consists of
wastewater in the form of agricultural runoff from Imperial
County.
The California-Mexico Border Relations Council and the New
River: AB 3021 (N??ez, 2006) created the California-Mexico
Border Relations Council (Council) to coordinate cross-border
activities. AB 1079 (V. Manuel P?rez, 2009) required the
Council, contingent upon the execution of an agreement with the
City of Calexico to fund the project, to develop a strategic
plan to guide the implementation of the New River Improvement
Project. AB 1079 also authorized the Council to convene and
oversee a technical advisory committee.
According to the author's office, the Council and the City of
Calexico have not executed the funding agreement described in AB
1079, and therefore have not developed the strategic plan.
However, the City of Calexico and the California Environmental
Protection Agency (CalEPA) have requested $400,000 from the
SWRBC's Clean-Up and Abatement Account (CAA) to fund the
strategic plan. The SWRCB asserts that the strategic plan
should receive $800,000 from Proposition 84 and $4 million from
the Federal Transportation Equity Act (federal funds). However,
the Proposition 84 bond funds are not currently available for
the strategic plan due to the state's financial condition and
the federal funds are not available for water quality purposes.
Consequently, CAA funds are being requested to begin urgently
needed work. The SWRCB argues that the $400,000 in the CAA will
augment the Proposition 84 funds when they become available.
The Council has begun development of the strategic plan. On
February 16, 2010, the Council voted to direct staff to begin
the implementation of AB 1079 and to convene the technical
advisory committee.
Related legislation:
SBx7 2 (Cogdill) Chapter 3, Statutes of 2009. Authorizes the
AB 2202
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Safe, Clean, and Reliable Drinking Water Supply Act of 2010, a
water infrastructure bond in the amount of $11,140,000,000.
Subject to voter approval, makes the sum of $20,000,000
available for water quality and public health projects on the
New River.
AB 1079 (V. Manuel P?rez) Chapter 382, Statutes of 2009.
Requires the California Mexico Border Relations Council to
develop a strategic plan to guide the implementation of the New
River clean-up.
AB 3021 (Nunez) Chapter 621, Statutes of 2006. Creates the
California-Mexico Border Relations Council.
SB 387 (Ducheny) Chapter 112, Statutes of 2005. Removes legal
impediments in state law that would treat the New River as a
natural waterway under the Water Code, thereby prohibiting any
modification or encasement of the River.
Author's amendment : Sets a January 1, 2013 deadline for the
prohibition of the expenditure of the New River funds.
REGISTERED SUPPORT / OPPOSITION :
Support
None received.
Opposition
None received.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965