California 2013 2013-2014 Regular Session

California Assembly Bill AB690 Amended / Bill

Filed 01/23/2014

 BILL NUMBER: AB 690AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 23, 2014 AMENDED IN ASSEMBLY JANUARY 6, 2014 AMENDED IN ASSEMBLY SEPTEMBER 11, 2013 AMENDED IN ASSEMBLY APRIL 9, 2013 INTRODUCED BY Assembly Members Campos and Medina  (   Coauthors:   Assembly Members   Alejo,   Daly,   Fox,   Linder,   and V. Manuel Prez   )  FEBRUARY 21, 2013 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  Section  8700) and Chapter 8.1 (commencing with  Section  8710) of Division 1 of Title 2 of, the Government Code, relating to state government. LEGISLATIVE COUNSEL'S DIGEST AB 690, as amended, Campos. 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,   repeal  and recast those provisions relating to the Office of California-Mexico Affairs. 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 Chapter 8 (commencing with Section 8700) of Division 1 of Title 2 of the Government Code is repealed.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 Chapter 8.1 (commencing with Section 8710) of Division 1 of Title 2 of the Government Code is repealed.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.   (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.   (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.   (f)   (p)  The Office of California-Mexico Affairs  provides   and the California-Mexico Border Relations Council provide  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.   99523. The Governor, or his or her designee, shall serve as the California member of any board, council, commission, or other binational advisory or coordinating body convened under the auspices of the Office of the California-Mexico Affairs.  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  and any successor binational organization  . 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 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, and the Director of Emergency Services. (b) The Director of the Governor's Office of Business and Economic Development 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.