California Assembly Bill AB939 Introduced / Bill

 BILL NUMBER: AB 939INTRODUCED BILL TEXT INTRODUCED BY Assembly Member V. Manuel Prez FEBRUARY 18, 2011 An act to amend Sections 71100 and 71103.5 of, and to add Sections 71103.6 and 71103.7 to, the Public Resources Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST AB 939, as introduced, V. Manuel Prez. Environment: New River Water Quality, Public Health, and River Parkway Development Program. Existing law requires the California-Mexico Border Relations Council, contingent upon the execution of an agreement with the City of Calexico to provide the necessary funding, to develop a strategic plan to guide the implementation of the New River Improvement Project containing specified elements. This bill would require the Natural Resources Agency, in collaboration with the council, to develop a New River Water Quality, Public Health, and River Parkway Development Program to coordinate the funding and implementation of activities related to New River, conduct a feasibility study on the construction of a sewage treatment and pollution prevention project in the City of Calexico, and complete various activities necessary to develop a river parkway plan for New River in the city. The bill would require state agencies providing funding for activities related to New River within the city, to the extent feasible, to coordinate the award and management funds pursuant to the California River Parkways and Urban Streams Restoration Grant Programs guidelines. The bill would require state agencies to make all necessary efforts to integrate and align their contractual and administrative requirements for financial assistance. 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 71100 of the Public Resources Code is amended to read: 71100. The following definitions govern the construction of this part:  (a) "Agency" means the California Environmental Protection Agency.   (a)   (b)    "Cal BECC" means the California Border Environmental Cooperation Committee established on July 22, 1994, by the Governors of California, Baja California, and Baja California Sur.  (b)   (c)    "California-Baja California border region" means the region described in Chapter IV of the US-Mexico Border XXI Program, Framework Document, published October 1996.  (d) "City" means the City of Calexico, California.   (e) "Council" means the California-Mexico Border Relations Council established pursuant to Section 8711 of the Government Code.   (f) "County" means the County of Imperial, California.   (c)   (g)    "Fund" means the California Border Environmental Education Fund established pursuant to Section 71101.  (h) "IBWC" means the International Boundary and Water Commission, United States Section.   (i) "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.   (j) "New River Water Quality, Public Health, and River Parkway Development Program" or "program" means a cooperative and integrated program in the County of Imperial established pursuant to Section 71103.6.  SEC. 2. 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  the County of  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 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)   (b)    Pursuant to the authority granted to the council under Section 8712 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)   (c)    (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)   (d)    This section does not modify existing roles, responsibilities, or liabilities of the State of California, the City of Calexico,  the County of  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)   (e)    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. 3. Section 71103.6 is added to the Public Resources Code, to read: 71103.6. (a) The Natural Resources Agency, in collaboration with the council, shall establish the New River Water Quality, Public Health, and River Parkway Development Program that would accomplish all of the following goals: (1) Coordinate the funding for, and implementation of, the elements of the New River Improvement Project that protect human health and lead to the development of a river parkway system suitable for public use and enjoyment. (2) Conduct a thorough environmental and engineering review of the feasibility and cost of projects for the use or enlargement of a natural channel for municipal purposes, as specified in Section 7043.5 of the Water Code, in the city. (3) Complete the environmental review, engineering design, and associated planning necessary to develop a river parkway plan for New River within the city. (4) Coordinate the funding and implementation of the recommendations from the strategic plan developed pursuant to subdivision (c) of Section 71103.5 by the California Environmental Protection Agency and the council. (5) Coordinate the funding for, and implementation of, programs and projects identified by the council pursuant to Section 71102. (b) State agencies that fund the activities of the New River Improvement Project shall make all necessary efforts to integrate and align their contractual and administrative requirements for grants, loans, contracts, and other forms of financial support to meet the goal of the program. SEC. 4. Section 71103.7 is added to the Public Resources Code, to read: 71103.7. (a) Prior to the development of the strategic plan pursuant to subdivision (c) of Section 71103.5, a state or local agency may carry out programs or projects related to New River as required by a funding agency or that are necessary for the protection of public health, reduction of environmental hazards, or other urgent circumstances. (b) State agencies awarding or granting funds to the city for the implementation of the New River Improvement Project within the city shall, to the extent feasible, coordinate the award or grant, and the management, of funds pursuant to the California River Parkways and Urban Streams Restoration Grant Programs guidelines issued by the Natural Resources Agency and the Department of Water Resources in August 2008.