BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 939
                                                                  Page 1


          ASSEMBLY THIRD READING
          AB 939 (V. Manuel Pérez)
          As Amended  March 30, 2011
          Majority vote 

           ENVIRONMENTAL SAFETY          5-1                   
          APPROPRIATIONS      12-3        
           
           ----------------------------------------------------------------- 
          |Ayes:|Wieckowski, Campos,       |Ayes:|Fuentes, Blumenfield,     |
          |     |Davis, Feuer, Bonnie      |     |Bradford, Charles         |
          |     |Lowenthal                 |     |Calderon, Campos, Davis,  |
          |     |                          |     |Gatto, Hall, Hill, Lara,  |
          |     |                          |     |Mitchell Solorio          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Morrell                   |Nays:|Harkey, Donnelly, Nielsen |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           SUMMARY  :  Makes technical corrections to the existing 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 within the California Environmental 
            Protection Agency (CalEPA) to coordinate implementation of the 
            NRIP.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee this bill would result in minor, absorbable state 
          costs to the CalEPA, 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  :

           The New River - one of the most polluted rivers in the United 
          States:   According to the State Water Resources Control Board, 








                                                                  AB 939
                                                                  Page 2


          "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.  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.

           Prior legislation  :  
           
          AB 1079 (V. Manuel Pérez) 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 and develop a river parkway suitable for public use 
          and enjoyment.


           Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916) 
          319-3965 
                                                                FN: 0000307