BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 939
                                                                  Page 1

          Date of Hearing:   April 5, 2011

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                Bob Wieckowski, Chair
                AB 939 (V. Manuel Perez) - As Amended:  March 30, 2011
           
          SUBJECT  :   New River Water Quality

           SUMMARY  :  Makes technical corrections to the existing the New 
          River Improvement Project (NRIP).   Specifically,  this bill  : 

          1)Applies the existing definitions that govern the creation and 
            operation of the NRIP to the broader provisions of the Code 
            that govern the protection of the environment and public 
            health at the California-Mexico border.

          2)Establishes a New River Water Quality, Public Health, and 
            River Parkway Development program to coordinate implementation 
            of the NRIP.

           EXISTING LAW  :

          1)Establishes the California- Mexico Border Relations Council, 
            the California Environmental Protection Agency (Cal/EPA) and 
            the City of Calexico to develop a strategic plan for the NRIP. 
             The NRIP is defined to mean a project to monitor, remediate, 
            and enhance New River water quality in the County of Imperial 
            to protect human health, and develop a river parkway suitable 
            for public use and enjoyment.

          2)Authorizes the City of Calexico to undertake a project for the 
            cleanup and encasement of the New River within its city limits 
            as part of a pollution cleanup measure and to protect human 
            health.

          3)Establishes 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 affecting the public 
            health or environmental quality in the California-Baja 
            California border region.

           FISCAL EFFECT  :   Not Known.

           COMMENTS  :








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           The New River - one of the most polluted rivers in the United 
          States:   According to the State Water Resources Control Board, 
          "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 New River has been recognized as a significant pollution 
          problem since at least the late 1940s, primarily because of its 
          extremely high concentrations of fecal coliform bacteria and 
          offensive odor.  In 1955, it was estimated that raw sewage from 
          approximately 25,000 people was being discharged into the New 
          River from Mexicali.  In 1975, the population jumped to over 
          100,000 people.  The present population of Mexicali is reported 
          as 764,902 by Mexico, but some believe it is close to 1 million. 
           A focal point of early complaints regarding New River pollution 
          was odor.  In the early fifties, the odor of the river near the 
          boundary, particularly at night, was oftentimes overpowering.  
          Beginning around 1956, the flows of the New River at the 
          boundary increased considerably due to development of 
          agricultural drainage return flows from Mexicali Valley.  This 
          dilution water temporarily alleviated the odor problem, but in 
          the sixties the problem became increasingly noticeable as sewage 
          loading increased with the population. Similarly, due to the 
          recent industrial growth in Mexicali, industry is now also a 
          significant source of New River pollution.  In the mid 1980's 
          the extent of the problem was finally recognized, and Mexico and 
          the United States began to work cooperatively to address New 
          River pollution from Mexico.

           Prior legislation:
           
          SB 387 (Ducheny) Chapter 112, Statutes of 2005, authorizes the 
          City of Calexico to undertake a comprehensive project for the 
          cleanup and encasement of the New River within its city limits 
          as part of a pollution cleanup measure and to protect human 
          health.

          AB 1079 (V.M. Perez) Chapter 382, Statutes of 2009, established 
          the NRIP to study, monitor, remediate, and enhance New River 
          water quality in the County of Imperial to protect human health 








                                                                  AB 939
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          and develop a river parkway suitable for public use and 
          enjoyment.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Calexico New River Committee

           Opposition 
           
          None Received
           

          Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916) 
          319-3965