BILL ANALYSIS
AB 2202
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 2202
AUTHOR: V. Manuel Perez
AMENDED: June 9, 2010
FISCAL: Yes HEARING DATE: June 14, 2010
URGENCY: No CONSULTANT: Rachel Machi
Wagoner
SUBJECT : SAFE, CLEAN AND RELIABLE DRINKING WATER
SUPPLY ACT OF 2010: NEW RIVER IMPROVEMENT
PROJECT: STRATEGIC PLAN
SUMMARY :
Existing law :
1)Requires the California-Mexico Border Relations Council to
develop a strategic plan containing specific elements to
guide the implementation of the New River Improvement
Project, contingent upon the execution of an agreement with
the City of Calexico for the purpose of providing the
necessary funding.
2)Under the Safe, Clean, and Reliable Drinking Water Supply
Act of 2010 (bond act), which, if approved by the voters at
the November 2, 2010, statewide general election, would
authorize the issuance of bonds in the amount of
$11,140,000,000 pursuant to the State General Obligation
Bond Law to finance a safe drinking water and water supply
reliability program. The bond act would make $20,000,000
available for water quality and public health projects on
the New River.
This bill:
1)Requires that any funds appropriated pursuant to the bond
act for the New River be consistent with the strategic plan
developed by the California-Mexico Border Relations Council.
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2)Declares the intent of the Legislature that these moneys not
be appropriated until the completion of the strategic plan
or until January 1, 2013, whichever occurs first.
3)Requires the Secretary for Environmental Protection to
oversee the expenditure of bond funds that are appropriated
for water quality and public health projects on the New
River.
4)States that these provisions would become effective only if
the bond act is approved by the voters.
COMMENTS :
1)Purpose of Bill . According to the author, after years of
widespread acknowledgement of the injustice of allowing
million of gallons of polluted water to flow into
California, the New River received several historic,
first-time state-level investments in 2009 and 2010,
ensuring a coordinated and comprehensive state strategy is
developed to address the residual and projected pollution in
the New River and associated river channel. In addition,
non-General Fund dollars have been authorized for the
Improvement Project, in the form of a $400,000 grant from
the State's Clean-Up and Abatement Account, an $800,000
budget appropriation from the California River Parkways
Program, and the $20 million authorization in the 2010 water
bond bill.
The author states that as progress on the New River
continues, it is important that funding is appropriated in a
manner consistent with the vision and intent of AB 1079 (V.
Manuel Perez) Chapter 382, Statutes of 2009, and
specifically, the Council's strategic plan. According to
the author, the $20 million dollars authorized for the New
River in the water bond will ensure the Council the needed
funding for critical projects on the New River. Yet, the
language approved by the Legislature in the water bond for
the New River lacks the appropriate direction and guidance
to ensure it is used consistently with the New River
Improvement Project. AB 2202 would require that any
appropriation from the $20 million authorization for the New
River must be consistent with the California Mexico Border
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Relations Council's New River strategic plan.
2 Related Legislation. SBx7 2, (Cogdill) Chapter 3, Statutes
of 2009, authorized the Safe, Clean, and Reliable Drinking
Water Supply Act of 2010, a water bond in the amount of
$11,140,000,000. Under Chapter 5, the bond bill, $20
million dollars were authorized for water quality and public
health projects on the New River.
AB 1079 (V. Manuel Perez) Chapter 382, Statutes of 2009,
required the California Mexico Border Relations Council to
develop a strategic plan to guide the implementation of the
New River clean-up.
AB 2317 (Ducheny) Chapter 742, Statutes of 2000, established
the California Border Environmental and Public Health
Protection Fund to provide technical assistance for local
governments and specified organizations for the purpose of
identifying and resolving problems (e.g., industrial
wastewater, air emissions, hazardous waste transport and
disposal, human and ecological risk) affecting the public
health or environmental quality in the California-Baja
California border region.
SB 387 (Ducheny) Chapter 112, Statutes of 2005, designated
"sewage treatment and pollution prevention" as additional
categories in the Water Code that justify a stream
modification project, and it specifically authorizes a
stream encasement project for the New River.
3)Referral to Natural Resources and Water Committee . If this
measure is approved by this committee, the do pass motion
must include the action to re-refer the bill to the Senate
Natural Resources and Water Committee.
SOURCE: Assembly Member V. Manuel Perez
SUPPORT : City of Calexico New River Committee
OPPOSITION : None on file