BILL ANALYSIS
AB 2202
Page 1
ASSEMBLY THIRD READING
AB 2202 (V. Manuel Perez)
As Amended April 29, 2010
Majority vote
ENVIRONMENTAL SAFETY 9-0
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|Ayes:|Nava, Miller, Blakeslee, |
| |Chesbro, Davis, Feuer, |
| |Monning, Ruskin, Smyth |
| | |
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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) 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
or until January 1, 2013, whichever occurs first. Specifically,
this bill :
1)Provides that the Act, if approved by voters at the 2010
statewide general election, makes $20 million 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 or until
January 1, 2013, whichever occurs first.
5)Requires that any funds appropriated pursuant to the New River
appropriation in the Act be consistent with the strategic
plan.
AB 2202
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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 :
1)Pursuant to the Act, subject to voter approval, makes $20
million available for water quality and public health projects
on the New River.
2)Establishes the California-Mexico Border Relations Council
(Council).
3)Requires the Council, contingent upon a funding agreement with
the City of Calexico, to develop the strategic plan.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Purpose of the bil l: According to the author's office, "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. 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 [(V. Manuel Perez), Chapter 382, Statutes of
2009] 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 specifically the Council's
strategic plan."
AB 2202
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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 (Nunez) Chapter 621, Statutes of 2006 created
the Council to coordinate cross-border activities. AB 1079
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 delineated 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 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.
On February 16, 2010, the Council voted to direct staff to begin
the implementation of AB 1079 and to convene the technical
advisory committee.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN:
0004210