BILL NUMBER: AB 1410 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Jobs, Economic Development, and the
Economy (V. Manuel Pérez (Chair), Beall, Block, and Hueso)
MARCH 10, 2011
An act to add the heading of Chapter 1 (commencing with Section
99500) to, to add Chapter 2 (commencing with Section 99520) and
Chapter 3 (commencing with Section 99530) to, Title 20 of, and to
repeal Chapter 8 (commencing with 8700) and Chapter 8.1 (commencing
with 8710) of Division 1 of Title 2 of, the Government Code, and to
amend Section 71103.5 of the Public Resources Code, relating to state
government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1410, as introduced, Committee on Jobs, Economic Development,
and the Economy. State government: international relations.
Existing law requires the California-Mexico Border Relations
Council to, among other things, coordinate activities of state
agencies that are related to cross-border programs, initiatives,
projects, and partnerships that exist within state government.
Existing law also authorizes the Office of California-Mexico Affairs
to develop better relations with Mexico by coordinating with state
agencies to foster economic cooperation.
This bill would repeal, and recast those provisions relating to
the California-Mexico Border Relations Council. This bill would
repeal, and recast those provisions relating to the Office of
California-Mexico Affairs.
This bill would also make various conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 8 (commencing with Section 8700) of Division 1
of Title 2 of the Government Code is repealed.
SEC. 2. Chapter 8.1 (commencing with Section 8710) of Division 1
of Title 2 of the Government Code is repealed.
SEC. 3. The heading of Chapter 1 (commencing with Section 99500)
is added to Title 20 of the Government Code, to read:
CHAPTER 1. GENERAL PROVISIONS
SEC. 4. Chapter 2 (commencing with Section 99520) is added to
Title 20 of the Government Code, to read:
CHAPTER 2. OFFICE OF CALIFORNIA-MEXICO AFFAIRS
99520. The Legislature finds and declares the following:
(a) The United States and Mexican economies have become
increasingly integrated, particularly since the 1994 adoption of the
North American Free Trade Agreement, or NAFTA.
(b) This integration has brought both California and Mexico
opportunities and challenges in the areas of economic development,
labor relations, and environmental protection.
(c) The California Office of the Southwest Border Regional
Conference (formerly commission) was established as part of a joint
American border states effort to further and develop favorable
relations with the six Mexican border states.
(d) The efforts of the California office of the conference
continue to be an essential part of California's interaction with
Mexico.
(e) It is important for the state and for the nation that state
agencies continue to address important United States-Mexico issues.
(f) The Office of California-Mexico Affairs provides a focal point
in state government to serve as a clearinghouse for information and
assistance to other state agencies that are involved with Mexico.
99521. The following definitions shall govern the construction of
this chapter:
(a) "Conference" means the Southwest Border Regional Conference.
(b) "Office" means the Office of California-Mexico Affairs.
99522. (a) There is in state government an Office of
California-Mexico Affairs. Within this office the operations of the
California Office of the Southwest Border Regional Conference shall
be continued.
(b) The office succeeds to and is vested with all the duties,
powers, purposes, and responsibilities vested in the California
office of the conference and previously vested in the Commission of
the Californias.
(c) The office shall have possession and control of all records,
papers, offices, equipment, supplies, moneys, funds, appropriations,
land, and other property, real or personal, held for the benefit or
use of the California office of the conference, or previously held
for the benefit or use of the commission, in the performance of the
duties, powers, purposes, responsibilities, and jurisdiction of the
California office of the conference or the commission.
99523. The members of the Southwest Border Regional Conference
shall be the Governors of the four American border states. The
California member of the conference is the Governor of California or
his designee.
99524. The office shall further and develop favorable relations
with the State of Baja California, the State of Baja California Sur,
other Mexican states bordering on the United States, and the
remaining states and territories of the Republic of Mexico necessary
for the completion of the office's tasks. The office shall cooperate
with similar organizations and agencies situated within California,
the United States, or Mexico, to further economic development,
improve working conditions and living standards, and foster the
protection and improvement of the environment in Mexico and
California. The office shall avail itself of the services of the San
Diego State University, which is engaged in educational, cultural,
and research activities with Mexico. The office shall be responsible
for carrying out the ongoing responsibilities of the Southwest Border
Regional Conference.
99525. The Governor shall appoint a director of the office. The
director may appoint and employ any personnel that he or she deems
necessary to carry out the functions of the office. The office may
incur all necessary expenses to effectuate its purposes and may
accept grants from federal and state agencies. The office may also
accept funds from private organizations or individuals in order to
assist the office in the accomplishment of its functions as set forth
in this chapter.
99526. Members and employees of the office may travel outside of
California and may hold hearings and conduct investigations within
and outside of the state whenever necessary to carry out the duties
set forth in this chapter. Members and employees may acquire any
available information from any governmental agency within the United
States or Mexico necessary for the completion of their tasks.
99527. The office shall be responsible for the establishment of
committees in those topic areas deemed necessary by the director.
Recommendations of the committees shall not be binding on the
Governor or the Legislature but shall only be advisory in nature.
SEC. 5. Chapter 3 (commencing with Section 99530) is added to
Title 20 of the Government Code, to read:
CHAPTER 3. CALIFORNIA-MEXICO BORDER RELATIONS COUNCIL
99530. The following definitions shall apply to this chapter:
(a) "Border" means the line of demarcation between California and
Mexico.
(b) "Council" means the California-Mexico Border Relations
Council.
(c) "Public agency" means a city, county, city and county,
district, or the state or any agency or department of the state.
99531. (a) The California-Mexico Border Relations Council is
hereby established in state government. The council shall consist of
the Natural Secretary of the Resources Agency, the Secretary for
Environmental Protection, the Secretary of Health and Human Services,
the Secretary of Business, Transportation and Housing, the Secretary
of Food and Agriculture, and the Director of Emergency Services.
(b) The Secretary for Environmental Protection shall chair the
council.
99532. The council shall do all of the following:
(a) Coordinate activities of state agencies that are related to
cross-border programs, initiatives, projects, and partnerships that
exist within state government, to improve the effectiveness of state
and local efforts that are of concern between California and Mexico.
(b) Establish policies to coordinate the collection and sharing of
data related to cross-border issues between and among agencies.
(c) Identify and recommend to the Legislature changes in law
needed to achieve the goals of this section.
99533. Beginning January 1, 2008, the council shall submit a
report to the Legislature on the council's activities annually.
SEC. 6. Section 71103.5 of the Public Resources Code is amended to
read:
71103.5. (a) The Legislature finds and declares all of the
following:
(1) The New River poses an imminent and severe threat to the
public health of residents of Calexico, California, and adjacent
communities in Imperial County. Since the 1940s, the New River has
been recognized as a significant pollution and human health problem,
primarily because of extremely high concentrations of fecal coliform
bacteria.
(2) While there have been recent measurable water quality
improvements as a result of sewage infrastructure projects
implemented and completed during the last 10 years in Mexicali,
Mexico, the residual and projected pollution in the New River coming
from Mexico remains a significant threat to public health and the
environment.
(3) Current bacteria levels in the New River are several orders of
magnitude above the state standards for bacteria. Based on these
levels and the historic levels of pollution, the waterway is believed
to carry pathogens that cause tuberculosis, encephalitis, polio,
cholera, hepatitis, and typhoid. The waterway also carries other
contaminants in concentrations that are in violation of federal,
state, and Mexican water quality standards by several hundredfold.
(4) The New River is listed as an impaired river by the United
States Environmental Protection Agency due to low dissolved oxygen
(DO) and the presence of chlordane, chlorpyrifos, copper,
dichloro-diphenyl-trichloroethane (DDT), diazinon, dieldrin, mercury,
nutrients, pathogens, polychlorinated biphenyls (PCBs), sediment,
selenium, toxaphene, toxicity, trash, and volatile organic compounds
(VOCs).
(5) The New River is a major contributor of pollution to the
Salton Sea, and failure to address water quality problems in the New
River are impeding the ability of the state to implement laws and
programs designed to restore and protect this important environmental
and wildlife habitat resource.
(6) The New River condition in the border area is also an
aesthetic nuisance for Calexico residents and has historically
inhibited the city's socioeconomic well-being and growth.
(7) A coordinated and comprehensive state strategy is needed to
deal with the residual and projected pollution so that the New River
and associated river channel can be enhanced to a condition that will
allow the residents of Calexico and Imperial County to utilize them
as recreational and natural assets as contemplated in the California
River Parkways Act of 2004 (Chapter 3.8 (commencing with Section
5750) of Division 5).
(8) In the Budget Act of 2009, as amended by Chapter 1 of the
Statutes of 2009 Fourth Extraordinary Session, eight hundred thousand
dollars ($800,000) was appropriated to the City of Calexico for
various planning needs necessary to develop a river parkway plan and
river improvement project for the New River. The moneys were
appropriated in order to secure and serve as matching funds for the
four million dollars ($4,000,000) allocated pursuant to the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (Public Law 109-59) to the City of Calexico for the
development of bicycle paths and public park space adjacent to the
New River.
(9) The City of Calexico, as the recipient of funding pursuant to
the California River Parkways Act of 2004, has agreed to provide
necessary financial support to the council for the development of the
council's strategic plan.
(b) As used in this section, the following terms have the
following meanings:
(1) "Agency" means the California Environmental Protection Agency.
(2) "City" means the City of Calexico, California.
(3) "Council" means the California-Mexico Border Relations Council
established pursuant to Section 8711 99531
of the Government Code.
(4) "County" means the County of Imperial, California.
(5) "IBWC" means the International Boundary and Water Commission,
United States Section.
(6) "New River Improvement Project" or "project" means a project
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.
(c) Pursuant to the authority granted to the council under Section
8712 99532 of the Government Code and
contingent upon the execution of an agreement with the City of
Calexico for the purpose of providing the necessary funding, the
council shall develop a strategic plan to guide the implementation of
the New River Improvement Project. The strategic plan shall include,
but need not be limited to, all of the following elements:
(1) Quantification of current and projected New River water
quality impairments and their threat to public health.
(2) Prioritization of the actions necessary to protect public
health and to meet New River water quality objectives and other
environmental goals, such as improving the quality of water flows
into the Salton Sea.
(3) Identification of potential funds for the implementation of
the project, and potential lead agencies that would be responsible
for environmental review of activities related to the cleanup and
restoration of the New River.
(4) Identification of the appropriate federal, state, and local
agencies with a role in implementing and achieving the New River
Improvement Project.
(d) (1) To the extent permitted by law, the council may work with
appropriate binational, federal, state, local, and nongovernmental
organizations on both sides of the California-Mexico border to
develop the strategic plan and to fund and establish cooperative
water quality monitoring, public health studies, inspection, and
technical assistance programs as needed to support, convene, and
oversee the project.
(2) To further the objectives of this subdivision, the council may
convene and oversee a technical advisory committee. The advisory
committee shall advise the council regarding the necessary studies
and activities to carry out the project, and shall serve at the
pleasure of the council. The advisory committee shall include
representatives from the following:
(A) Impacted cities and counties.
(B) Relevant local, regional, and state agencies and departments.
(C) Nongovernmental organizations.
(D) Other stakeholders deemed necessary by the council.
(3) The council shall appoint the chair of the committee and may
expand the membership and expertise of the committee as it deems
necessary.
(4) The council may enter into an agreement, including an
interagency agreement and memorandum of understanding, with public
agencies, including the city, to accept, manage, and expend funds for
the implementation of this section.
(e) This section does not modify existing roles, responsibilities,
or liabilities of the State of California, the City of Calexico,
Imperial County, or any other governmental agency, under those laws
that regulate, protect, and clean up surface waters entering the
United States from Mexico.
(f) The New River Improvement Project Account is hereby created in
the California Border Environmental and Public Health Protection
Fund to receive moneys for activities related to the New River
Improvement Project from sources identified in Section 71101 and
other sources. Upon appropriation by the Legislature, moneys in the
account shall be expended to implement the purposes identified in
subdivision (c) or Section 71102 that are related to the New River.