BILL NUMBER: AB 965 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2015
AMENDED IN ASSEMBLY MAY 4, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Eduardo Garcia
( Coauthor: Assembly Member
Alejo )
FEBRUARY 26, 2015
An act to amend Sections 99520, 99522, and 99523 of the
Government Code, to amend Sections 71100, 71101, and
71103 71103, and 71103.5 of, and to add Section
71103.6 to, the Public Resources Code, and to amend Section
7048 Sections 7048 and 79737 of the Water Code,
relating to water resources the
California-Mexico border .
LEGISLATIVE COUNSEL'S DIGEST
AB 965, as amended, Eduardo Garcia. California and Mexico border:
water resources improvement.
(1) Existing law establishes the California-Mexico Border
Relations Council in state government, and prescribes the membership
and functions and duties of the council with respect to coordinating
the activities of state agencies, including environmental agencies,
that are related to cross-border programs, initiatives, projects, and
partnerships that exist within state agencies, and state and local
efforts that are of concern between California and Mexico. Existing
law requires the council to develop a strategic plan to guide a
project to study, monitor, remediate, and enhance water quality in
the New River in Imperial County. Existing law establishes the
California Border Environmental and Public Health Protection Fund and
makes moneys in the fund available, upon appropriation, to the
Secretary for Environmental Protection for grants for specified
health and environmental projects and purposes relating to the
California-Mexico border region.
This bill would add the Secretary of State and Consumer
Services as a member of the council and provide that the Regional
Administrator of the United States Environmental Protection Agency,
Region 9, may appoint a representative from his or her staff to serve
as an ex-officio, non-voting member of the council. The bill would
require the council to invite the participation of representatives of
the State of Baja California and the Mexican government to
participate in meetings . The bill would require the
council to establish the New River Water Quality, Public Health, and
River Parkway Development Program to coordinate funding for, and the
implementation of, recommendations from the strategic plan and the
projects identified pursuant to existing law. The bill would
make moneys in the fund available, upon appropriation, to the council
for grants for specified health and environmental projects and
purposes relating to the California-Mexico border region.
The bill would provide that specified water bond proceeds, may
be deposited in the fund to be available, upon appropriation, to the
secretary council for these purposes.
(2) Existing law authorizes the Director of Water Resources to
establish a program of flood damage reduction and urban creek
restoration known as the Urban Streams Restoration Program. For
purposes of the program, urban creek protection, restoration, and
enhancement include, but are not limited to, the maintenance of
channel capacity, channel stabilization, vegetation management, and
adaptive management to meet program objectives.
This bill would also include the reduction of water quality
impairments and nonpoint source water pollution, and the
establishment of parkways for public use that benefit flood control
and water quality among the types of measures that are included in
the program.
Existing law requires the Department of Water Resources to
coordinate the program with the Department of Fish and Wildlife, as
prescribed.
This bill would, in addition, require the Department of Water
Resources to consult with the council to establish criteria to fund
projects that improve conditions for cross-border urban creeks.
(3) Existing law, the Water Quality, Supply, and Infrastructure
Improvement Act of 2014, approved by the voters as Proposition 1 at
the November 4, 2014, statewide general election, authorizes the
issuance of general obligation bonds in the amount of $7,545,000,000
to finance a water quality, supply, and infrastructure improvement
program. The bond act provides that the sum of $1,495,000,000 is to
be available, upon appropriation by the Legislature, for competitive
grants for multibenefit ecosystem and watershed protection and
restoration projects. The bond act authorizes the use of $285,000,000
of those funds for watershed restoration projects through a program
implemented by the Department of Fish and Wildlife.
This bill would require the department to consult with the council
to establish criteria to fund watershed restoration projects that
improve conditions for cross-border urban creeks and watersheds.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 99520 of the
Government Code is amended to read:
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) As the second largest United States exporter to Mexico,
California has the potential to increase its exports at a faster pace
and capitalize on Mexico's growing economy.
(c) In 2012, the value of California's exports to Mexico totaled
$26.3 billion, equivalent to more than one and one-half times
California's trade with its closest trade partner Canada, at $17.2
billion, and almost twice its second closest trade partner, China, at
$13.9 billion.
(d) The relationship between Mexico and California generates over
$20.9 billion per year for California.
(e) According to the United States Chamber of Commerce, trade with
Mexico in 2010 represented 692,240 California jobs, making
California the state with the most trade-related jobs with Mexico in
the United States. California is the second largest exporter to
Mexico among the 50 states, ranking behind Texas.
(f) Among California's international trading partners, only Mexico
shares a border with California. In fact, California has four major
international border crossings supporting the movement of both
persons and goods: San Ysidro, Otay Mesa, Tecate, and Calexico. Of
these, Otay Mesa and Calexico accommodate the largest volume of
trade. Otay Mesa is the largest California crossing, ranking sixth in
the nation. In 2010, these California gateways with Mexico moved
$46.9 billion in merchandise.
(g) At issue is border crossing delays between Mexico and the
United States along the Imperial County-Baja California border.
(h) In California, losses due to border crossing delays accounted
for an estimated revenue loss of $1.16 billion and 25,000 jobs in
2008.
(i) While California remains the largest recipient of foreign
domestic investment (FDI) in the United States, faster FDI is
occurring elsewhere.
(j) Despite this critical economic relationship, California has
not had a formal mechanism for the past decade devoted to maximizing
trade, addressing challenges, and coordinating cross-border programs
for trade development between the two countries. This has left
California employers and businesses without formal access to Mexican
government officials, a major disadvantage to California's trade
industries.
(k) In 2006, the Office of California-Mexico Affairs was
established to further and develop favorable relations with Mexican
states by cooperating with similar organizations and agencies
situated within California, the United States, or Mexico. Important
areas of activity include, but are not limited to, enhancing economic
development opportunities among the participating states, improving
working conditions and living standards, and fostering the protection
and improvement of the environment in Mexico and California.
(l) To help carry out these duties the California-Mexico Border
Relations Council was also established to identify new border
priorities and fundable projects in the areas of infrastructure,
trade, environment, health, and security while supporting current and
ongoing activities such as the Border Governors Conference, trade
missions, and border workgroups, and coordinating specific future
projects with Mexico. Priorities and projects
identified by the California-Mexico Border Relations Council shall be
funded pursuant to Section 71101 of the Public Resources Code,
establishing the California Border Environmental and Public Health
Protection Fund.
(m) It is critical for California that state agencies continue to
address important United States-Mexico issues.
(n) Furthermore, California should maximize its economic
relationship with Mexico to improve the state's economy, to maximize
the amount of exports, and create more California jobs.
(o) Therefore, the Legislature finds that California needs a
formalized trade relationship with Mexico. Establishing an official
trade relationship with Mexico will help ensure that the state can
improve its global competitiveness and protect California industry,
proactively support the expansion and location of businesses in
California, provide international business assistance to California
businesses, and support their entry and successful participation in
the growing Mexican marketplace.
(p) The California-Mexico Border Relations Council 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.
SEC. 2. Section 99522 of the Government
Code is amended to read:
99522. (a) The California-Mexico Border Relations Council is
hereby established in state government. The council shall consist of
the Director of the Governor's Office of Business and Economic
Development, the Secretary of the Natural Resources Agency, the
Secretary for Environmental Protection, the Secretary of California
Health and Human Services, the Secretary of Transportation, the
Secretary of Food and Agriculture, the Secretary of State and
Consumer Services, and the Director of Emergency Services.
The Regional Administrator of the United States Environmental
Protection Agency, Region 9, may appoint a representative from his or
her staff to serve as an ex-officio, non-voting member of
the council.
(b) The Secretary for Environmental Protection shall chair the
council.
SEC. 3. Section 99523 of the Government
Code is amended to read:
99523. 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) Invite representatives of the State of Baja California and the
Mexican government to participate in meetings.
(b)
(c) Establish policies to coordinate the collection and
sharing of data related to cross-border issues between and among
agencies.
(c)
(d) Identify and recommend to the Legislature changes
in law needed to achieve the goals of this section.
SECTION 1. SEC. 4. Section 71100 of
the Public Resources Code is amended to read:
71100. The following definitions govern the construction of this
part:
(a) "California-Baja California border region" means the region to
the north and south of the international border between California
and Baja California described in Article 4 of the La Paz Agreement,
signed August 14, 1983, between the United States and Mexico.
(b) "Council" means the California-Mexico Border Relations
Council, established pursuant to Section 99522 of the Government
Code.
(c) "Fund" means the California Border Environmental and Public
Health Protection Fund established pursuant to Section 71101.
SEC. 2. SEC. 5. Section 71101 of the
Public Resources Code is amended to read:
71101. (a) The California Border Environmental and Public Health
Protection Fund is hereby established in the State Treasury to
receive funds appropriated in the annual Budget Act, including, but
not limited to, proceeds of bonds sold pursuant to Division 26.7
(commencing with Section 79700) of the Water Code, and other sources,
such as from the North American Development Bank, Border Environment
Cooperation Committee, United States Environmental Protection
Agency, and private businesses or foundations, and any interest
accrued on those funds.
(b) The money in the fund shall be available, upon appropriation,
to the Secretary for Environmental Protection, for
allocation California-Mexico Border Relations Council
pursuant to Chapter 2 (commencing with Section 99520) of Title 20 of
the Government Code, for expenditure for the purposes of this
part.
(c) The money in the fund shall not be made available for the
purpose of bringing a person or a facility into compliance with
environmental laws, or to provide funds to remediate environmental
damage. The fund, instead, shall assist appropriate responsible
agencies in California and Baja California in the implementation of
projects to identify and resolve environmental and public health
problems that directly threaten the health or environmental quality
of California residents or sensitive natural resources of the
California border region, including projects related to domestic and
industrial wastewater, vehicle and industrial air emissions,
hazardous waste transport and disposal, human and ecological risk,
and disposal of municipal solid waste.
SEC. 3. SEC. 6. Section 71103 of the
Public Resources Code is amended to read:
71103. (a) The Secretary for Environmental Protection,
California-Mexico Border Relations Council, upon
request, shall inform any community-based nonprofit environmental
organization, responsible local government, and special district
located within the California-Baja California border region that it
may request funding pursuant to Section 71102.
(b) The Secretary for Environmental Protection, in
consultation with the council, California-Mexico
Border Relations Council, shall award grants to a local
governmental entity or special district, community-based nonprofit
environmental organization, or postsecondary educational institution
based on the severity of the environmental, public health, or natural
resource concerns due to cross-border transmission of environmental
pollutants or toxics to the city or county in which the entity,
organization, or institution is located. First priority for funding
shall be given to an entity, organization, or institution located in
a city or county in which an environmental, public health, or natural
resource threat exists and that has existing capability to respond
to, implement, and abate the threat to California from cross-border
sources.
(c) The Secretary for Environmental Protection, on behalf of the
council, shall accept donations of used equipment, including
computers, printers, and lab equipment, for distribution to
governmental entities and community-based nonprofit environmental
organizations located within the California-Baja California border
region and postsecondary educational institutions located within Baja
California and within the California-Baja California border region,
if the donations can be shown to contribute to the protection of the
environment, public health, or natural resources of the California
border region.
SEC. 7. 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 99522
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 pursuant to Section 99523 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.
SEC. 4. SEC. 8. Section 71103.6 is
added to the Public Resources Code, to read:
71103.6. (a) The council shall establish the New River Water
Quality, Public Health, and River Parkway Development Program to
coordinate funding for, and the implementation of, the
recommendations from the strategic plan developed pursuant to
subdivision (c) of Section 71103.5, and the projects identified
pursuant to Section 71102.
(b) A state agency Any entity of state
government that funds the activities of the program shall make
all necessary efforts to integrate and align its contractual and
administrative requirements for grants, loans, and other forms of
financial support to meet the goals of the program.
SEC. 5. SEC. 9. Section 7048 of the
Water Code is amended to read:
7048. (a) The Legislature hereby finds and declares that the
protection, restoration, and enhancement of urban creek channels
provide potential benefits to the state by combining an effective and
efficient means of flood damage reduction with the preservation and
enhancement of natural environmental values. The Legislature further
finds that urban creek protection, restoration, and enhancement are
best undertaken by local agencies and organizations with assistance
from the state. It is the intent of the Legislature, in enacting this
section, to restore the ecological viability of creek environments
located in predominantly urban areas, thereby enhancing aesthetic,
recreational, and fish and wildlife values.
(b) (1) The director may establish a program of flood damage
reduction and urban creek restoration known as the Urban Streams
Restoration Program. The program shall consist of both of the
following components:
(A) The development of the capability by the department to respond
to requests from local agencies and organizations for planning and
design assistance for efficient and effective urban creek protection,
restoration, and enhancement.
(B) To the extent that funds are provided, a process for awarding
competitive grants.
(2) For purposes of this section, urban creek protection,
restoration, and enhancement include, but are not limited to, the
maintenance of channel capacity, channel stabilization, vegetation
management, the reduction of water quality impairments and nonpoint
source water pollution, the establishment of parkways for public use
that benefit flood control and water quality, and adaptive management
to meet program objectives. Where appropriate, the protection,
restoration, and enhancement shall utilize efficient, nonstructural
low-maintenance flood protection techniques. The department shall
utilize in this program its expertise in a variety of disciplines,
including, but not limited to, soil bioengineering, hydrology, and
plant ecology.
(3) (A) The department shall maintain a balance in allocating the
money annually available for grants to small urban creek restoration
projects and large urban stream restoration projects, allocating not
less than 35 percent to both small and large projects. For purposes
of this section, "small urban creek restoration projects" are
projects for which total costs, including acquisition and restoration
costs, are below one million dollars ($1,000,000) and "large urban
stream restoration projects" are projects for which total costs,
including acquisition and restoration costs, are one million dollars
($1,000,000) or more.
(B) Notwithstanding subparagraph (A), if an insufficient number of
qualified projects are available to fully meet the allocation
requirement, the department may grant funds to any project that is
otherwise qualified, in order to ensure that all available funds are
used efficiently.
(c) In responding to requests for assistance, the department shall
give priority to those projects that are being planned in
conjunction with, or in lieu of, local flood control projects. The
department may award grants and contracts to local agencies and
organizations as provided for in the budget of the department.
Participating local agencies and organizations shall follow
procedures, plans, and practices that are acceptable to the
department, and shall conform to guidelines established by the
department that define the level of contribution and participation
required by local agencies and organizations.
The department shall coordinate the program with the Department of
Fish and Wildlife during the formulation of guidelines and project
planning for urban creek protection, restoration, and enhancement.
The department shall also consult with the Department of Fish and
Wildlife on project criteria which may include economic,
environmental, and social benefits to be achieved.
(d) It is the intent of the Legislature that the duties and
responsibilities of the department be identified as the Urban Streams
Restoration Program and be carried out by an office or staff
designated for this purpose. Information on how to obtain planning,
design, and financial assistance should be readily accessible to the
public.
(e) As used in this section, "urban creek" means a creek, stream,
or river that crosses built-up residential, commercial, or industrial
property, or that crosses land where, in the near future, the land
use will be residential, commercial, or industrial.
(f) For the purposes of this section, eligible activities include,
but are not limited to, the maintenance of channel capacity and
stabilization of the morphological equilibrium of a natural channel
for purposes of flood damage reduction, erosion control, and bank
stabilization which may include nonstructural as well as structural
projects.
(g) The department may adopt regulations that define "adaptive
management" for the purposes of the Urban Streams Restoration
Program, and establish criteria to fund projects that include
adaptive management activities.
(h) The department may amend or utilize existing regulations for
approving competitive grants. The regulations may include, but are
not limited to, an application process, grant approval criteria, and
grantee's reporting requirements. The department shall annually make
available to the public, in a form that is readily accessible,
information regarding the status of funds appropriated for these
purposes and projects that received grants.
(i) In order to address the unique ecological, flood control,
water quality, and hydrological conditions associated with urban
creeks and watersheds on the California-Mexico border, the department
shall consult with the California-Mexico Border Relations Council to
establish criteria to fund projects that improve conditions for
cross-border urban creeks.
SEC. 10. Section 79737 of the Water
Code is amended to read:
79737. (a) Of the funds authorized by Section 79730, two hundred
eighty-five million dollars ($285,000,000) shall be available to the
Department of Fish and Wildlife for watershed restoration projects
statewide in accordance with this chapter.
(b) For the purposes of this section, watershed restoration
includes activities to fund coastal wetland habitat, improve forest
health, restore mountain meadows, modernize stream crossings,
culverts, and bridges, reconnect historical flood plains, install or
improve fish screens, provide fish passages, restore river channels,
restore or enhance riparian, aquatic, and terrestrial habitat,
improve ecological functions, acquire from willing sellers
conservation easements for riparian buffer strips, improve local
watershed management, and remove sediment or trash.
(c) For any funds available pursuant to this section that are used
to provide grants under the Fisheries Restoration Grant Program, a
priority shall be given to coastal waters.
(d) In allocating funds for projects pursuant to this section, the
Department of Fish and Wildlife shall only make funds available for
water quality, river, and watershed protection and restoration
projects of statewide importance outside of the Delta.
(e) Funds provided by this section shall not be expended to pay
the costs of the design, construction, operation, mitigation, or
maintenance of Delta conveyance facilities.
(f) Funds provided by this section shall only be used for projects
that will provide fisheries or ecosystem benefits or improvements
that are greater than required applicable environmental mitigation
measures or compliance obligations, except
for any water transfers for the benefit of subsection
(d) of Section 3406 of the Central Valley Project Improvement Act
(Title 34 of Public Law 102-575).
(g) In order to address the unique ecological, flood control,
water quality, and hydrological conditional associated with urban
creeks and watersheds on the California-Mexico border, the department
shall consult with the California-Mexico Border Relations Council to
establish criteria to fund projects that improve conditions for
cross-border urban creeks and watersheds.