BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 2202|
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                                 THIRD READING


          Bill No:  AB 2202
          Author:   V. Manuel Perez (D), et al
          Amended:  8/20/10 in Senate
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  6-0, 6/14/10
          AYES:  Simitian, Corbett, Hancock, Lowenthal, Pavley,  
            Strickland
          NO VOTE RECORDED:  Runner
           
          SENATE APPROPRIATIONS COMMITTEE  :  7-2, 6/28/10
          AYES:  Kehoe, Cox, Alquist, Corbett, Leno, Price, Yee
          NOES:  Denham, Wolk
          NO VOTE RECORDED:  Walters, Wyland

           ASSEMBLY FLOOR  :  69-1, 5/10/10 - See last page for vote


           SUBJECT  :    New River Improvement Project:  strategic plan

           SOURCE  :     Author


           DIGEST  :    This bill requires that any funds from the  
          proposed new water bond allocated for the cleanup of the  
          New River only be spent consistent with a strategic plan  
          that is in development.  This bill requires the Secretary  
          for Environmental Protection to oversee the expenditure of  
          those bond funds.

           Senate Floor Amendments  of 8/20/10 (1) change references to  
          the bond act to the Safe, Clean, and Reliable Drinking  
                                                           CONTINUED





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          Water Supply Act of 2012 (to conform with AB 1265  
          (Caballero), Chapter 126, Statutes of 2010), (2) delete the  
          provision of legislative intent restricting expenditure of  
          funds until completion of the strategic plan, and (3) make  
          a related technical amendment. 
          
           ANALYSIS  :    

          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 2012 (Act), which, if approved by the  
             voters at the November 6, 2012, statewide general  
             election, authorizes 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 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 Act  
             for the New River be consistent with the strategic plan  
             developed by the California-Mexico Border Relations  
             Council. 

          2. Declares the intent of the Legislature that any funds  
             appropriated shall be consistent with the strategic  
             plan.

          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 will become effective only  







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             if the Act is approved by the voters.

           Comments
           
          According to the author's office, after years of widespread  
          acknowledge-ment 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 2012 water bond bill.

          The author's office 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's office, 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.  This bill requires  
          that any appropriation from the $20 million authorization  
          for the New River must be consistent with the  
          California-Mexico Border Relations Council's New River  
          strategic plan.

           Prior/Related Legislation

           SB 2 X7 (Cogdill), Chapter 3, Statutes of 2009-10, Seventh  
          Extraordinary Session, authorized the Safe, Clean, and  
          Reliable Drinking Water Supply Act of 2012, a water bond in  
          the amount of $11,140,000,000.  Under Chapter 3, the bond  
          bill, $20 million dollars were authorized for water quality  
          and public health projects on the New River.








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          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions        2010-11             2011-12         
           2012-13                 Fund  

          Bond fund implementation      Approximately $1,000 over the  
          life of               Bond*
                                the program                     

           * Proposed new water bond.  These costs would be incurred  
            by whatever agency is designated by the Legislature to  
            implement the bond funds.

           SUPPORT  :   (Verified  8/23/10)

          City of Calexico New River Committee
          

           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Blumenfield, Bradford, Brownley, Buchanan, Caballero,  
            Carter, Chesbro, Cook, Coto, Davis, De Leon, Emmerson,  
            Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller,  
            Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman,  
            Hall, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Lieu, Logue, Bonnie Lowenthal, Ma, Miller,  
            Monning, Nava, Nestande, Niello, Nielsen, V. Manuel  
            Perez, Portantino, Ruskin, Salas, Silva, Skinner, Smyth,  
            Audra Strickland, Swanson, Torlakson, Torres, Torrico,  
            Tran, Villines, Yamada, John A. Perez
          NOES:  Knight
          NO VOTE RECORDED:  Charles Calderon, Conway, De La Torre,  
            DeVore, Harkey, Mendoza, Norby, Saldana, Solorio, Vacancy







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          TSM:mw  8/23/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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