BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 939
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          Date of Hearing:   April 13, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

               AB 939 (V. Manuel Perez) - As Amended:  March 30, 2011 

          Policy Committee:                              Environmental 
          Safety and Toxic Materials                    Vote: 5-1

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill makes technical changes to statute governing the New 
          River Improvement Project.  The bill also directs the 
          California-Mexico Border Relations Council to establish the New 
          River Water Quality, Public Health, and River Parkway 
          Development Program to coordinate the funding for, and 
          implementation of, the recommendations from the New River 
          strategic plan and the programs and projects identified by the 
          council.  Finally, the bill directs state agencies that fund the 
          activities of the New River Improvement Project to work to align 
          contractual and administrative requirements for financial 
          assistance.

           FISCAL EFFECT 

          Minor, absorbable state costs to the California Environmental 
          Protection Agency, the State Water Resources Control Board and 
          other state agencies that might provide funding to the project 
          to align contractual and administrative requirements for 
          financial assistance.

           COMMENTS  

           1)Rational.   The author contends this bill is necessary to make 
            technical corrections to existing statute and to ensure that 
            cleanup efforts for the New River are well coordinated.  
             
           2)Background.    The New River is one of the dirtiest rivers in 
            America.  According to the SWRCB, the river carries urban 
            runoff, untreated and partially treated municipal wastes, 
            untreated and partially treated industrial wastes, and 








                                                                  AB 939
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            agricultural runoff from the Mexicali Valley into the United 
            States.  By the time the New River reaches the Salton Sea, 
            about two-thirds of its flow consists of wastewater.

            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, Mexico.  In 1975, the population of 
            Mexicali population jumped to over 100,000 people.  The 
            present population of Mexicali is nearing 1 million.


            Recent growth in Mexicali industry is also a significant 
            source of New River pollution.  In the mid-1980s 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.


            To address New River Pollution and cleanup, statute 
            established in 2007 the California-Mexico Border Relations 
            Council, consisting of the chairs of several state agencies 
            and chaired by the Secretary for Environmental Protection. 
            Statute directed the council to develop a strategic plan to 
            guide the implementation of the New River Improvement Project.


           3)Related Legislation.  

              a)   SB 387  (Ducheny, Chapter 112, Statutes of 2005) 
               authorized 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.

              b)   AB 1079  (V. Manuel Pérez, Chapter 382, Statutes of 2010) 
               established the New River Public Health Improvement Project 
               for restoration and enhancement of the New River channel to 
               protect human health and the natural environment.  The bill 
               directed the California-Mexico Border Relations Council to 
               develop a strategic plan to guide the implementation of the 
               New River Improvement Project.









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           4)Support  .  This bill is supported by the Calexico New River 
            Committee, a group of residents and officials in the Calexico 
            area concerned about pollution in the New River and advocating 
            for its cleanup.

           5)There is no registered opposition to this bill.  

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081