Amended IN Senate April 29, 2019 Amended IN Senate March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 690Introduced by Senator HuesoFebruary 22, 2019 An act to add Section 13229 to the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGESTSB 690, as amended, Hueso. Water quality: Tijuana River.Under the Porter-Cologne Water Quality Control Act, the 9 California regional water quality control boards are among the principal state agencies that carry out responsibilities relating to water quality. This bill would require the California Regional Water Quality Control Board, San Diego region, to the extent feasible, to negotiate an interagency agreement with the federal government under which the Department of Water Resources would be responsible for the planning, design, permitting, and construction of the Tijuana River Border Pollution Control Project, as defined. federal government would take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico. The bill would require the state share of funding for the project to equal the federal share, and would require the proposed interagency agreement to make the federal government responsible to take responsibility for the ownership, operation, and maintenance of the project a structure after it has been constructed.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The Tijuana River Watershed straddles the international border between the United States and Mexico. The Tijuana River flows through Mexico before entering the Tijuana River Estuary and the Pacific Ocean through the County of San Diego in the United States.(b) The Tijuana River Estuary is designated as one of the Wetlands of International Importance by the United Nations. It provides a critical habitat for multiple endangered species and is one of the few estuaries and coastal lagoons in southern California, and the only one in the City of San Diego, not bisected by a railroad or freeway.(c) The Tijuana River and the Tijuana River Estuary are identified on the list of impaired waters developed pursuant to Section 303(d) of the federal Clean Water Act and the California Regional Water Quality Control Board, San Diego region, is developing total maximum daily loads for pathogens, bacterial indicators, and solid waste.(d) The Tijuana River has for more than 30 years experienced substantial discharges of trash, sediment, and wastewater generated as a result of sewage infrastructure inadequacies.(e) In February 2017, one of the largest spills occurred, resulting in 143,000,000 gallons of raw sewage flowing into the Tijuana River Valley.(f) Transboundary flows containing raw sewage, waste tires, trash, and sediment cause severe economic and environmental degradation as a result of the continued need to excavate, haul, and dispose of the pollution in the Tijuana River Valley, and those flows also result in constant beach closures that compromise the economic potential of beaches in the southern parts of the County of San Diego.(g) The discharge of raw sewage and other waste through the Tijuana River Valley poses serious public health risks from untreated and partially treated human and industrial wastewater that contains toxins and bacterial and viral pathogens, such as hepatitis and enteroviruses, which have been detected in the surf zone of the Tijuana River during wet weather.(h) The City of San Diego has declared a continued state of emergency since 1993 as a result of the escalated discharge of raw sewage from Tijuana, Mexico, that has caused numerous health problems, such as headaches, rashes, infections, and respiratory problems.(i) Pursuant to a 1944 treaty entered into by the United States and Mexico entitled Utilization of the Waters of the Colorado and Tijuana Rivers and of the Rio Grande, the International Boundary and Water Commission (IBWC), an international body responsible for cross-border rivers and streams, agreed to give preferential attention to the solution of all border sanitation problems.(j) The United States section of the IBWC maintains and operates flood control and wastewater collection and treatment infrastructure in the Tijuana River Valley and, through its operation of this facility, has assumed the responsibility to protect local communities from pollution flowing through this infrastructure into the Tijuana River Valley and the states coastal waters.(k) The discharge of raw sewage, tires, trash, sediment, and other waste constitutes a border sanitation problem, and the transboundary flows pose a threat to the public health of the people of California.(l) The IBWC and the federal government have repeatedly failed to stop transboundary flows and protect local communities from massive pollutant discharge and have stated that they are not responsible for managing transboundary trash, sewage, and sediment discharge from Mexico, even though the 1944 treaty dictates the agreement by IBWC to give preferential treatment to the solution of all border sanitation problems.(m) As a result of this continued failure, the Cities of Imperial Beach and Chula Vista, along with the San Diego Unified Port District and the Surfrider Foundation, filed a lawsuit against the IBWC for failure to protect the people of California.(n) Soon thereafter, the City of San Diego announced its intentions to join a lawsuit against the IBWC and the federal government, filed by the Attorney General on behalf of the State of California, for the continued discharge of pollutants into state waters.(o) The IBWC has contemplated participation from local, state, nongovernmental, and federal entities through its Minute 320 process and its three workgroups, which were specifically created to identify projects for federal, state, and local partnerships in which IBWC must be the lead responsible agency.(p) The California Regional Water Quality Control Board, San Diego region, is an agency responsible for the protection and preservation of California waters by administering and implementing the federal Clean Water Act, among other things.(q) To support the IBWC efforts, the regional board formed and led the Tijuana River Valley Recovery Team including 30 government entities, academic and research institutions, and nongovernmental organizations, including the IBWC, and established the need for interception and diversion structures and measures to protect communities and ecosystems in the Tijuana River Watershed and coastal waters.(r) The continued discharge of pollutants in the Tijuana River Valley poses an immediate threat to the health, safety, and welfare of the people of the State of California, and it is in the interest of the state and its people to take tangible steps to address transboundary flows from the Tijuana River.SEC. 2.Section 13229 is added to the Water Code, to read:13229.(a)For purposes of this section, Tijuana River Border Pollution Control Project means the waste capture and diversion structure that is located at the main channel of the Tijuana River between Dairy Mart Road and the United States-Mexico border intended to capture sediment, solid waste, and polluted flows in the Tijuana River.(b)(1)The California Regional Water Quality Control Board, San Diego region, shall negotiate an interagency agreement with the federal government under which the department would be responsible for the planning, design, permitting, and construction of the Tijuana River Border Pollution Control Project.(2)The proposed interagency agreement shall require the state share of funding for the Tijuana River Border Pollution Control Project to equal the federal share. The proposed interagency agreement shall provide for the federal government taking full responsibility for the ownership, operation, and maintenance of the project after it has been constructed.(c)If the federal government agrees to an interagency agreement described in this section, the board shall work to identify a source for the states share of funding.SEC. 2. (a) The California Regional Water Quality Control Board, San Diego region, shall, to the extent feasible, negotiate an interagency agreement with the federal government that addresses transboundary flows of waste from Mexico. The agreement shall provide that the federal government do all of the following:(1) Take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico.(2) Seek funding authorization to cover the federal share of costs for the purpose of paragraph (1).(3) Take responsibility for the ownership, operation, and maintenance of a waste capture or runoff interception and diversion structure after it has been constructed.(b) The state share of costs for the construction of a structure described in paragraph (1) of subdivision (a) shall equal the federal share of costs, subject to an appropriation by the Legislature.
Amended IN Senate April 29, 2019 Amended IN Senate March 27, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 690Introduced by Senator HuesoFebruary 22, 2019 An act to add Section 13229 to the Water Code, relating to water quality. LEGISLATIVE COUNSEL'S DIGESTSB 690, as amended, Hueso. Water quality: Tijuana River.Under the Porter-Cologne Water Quality Control Act, the 9 California regional water quality control boards are among the principal state agencies that carry out responsibilities relating to water quality. This bill would require the California Regional Water Quality Control Board, San Diego region, to the extent feasible, to negotiate an interagency agreement with the federal government under which the Department of Water Resources would be responsible for the planning, design, permitting, and construction of the Tijuana River Border Pollution Control Project, as defined. federal government would take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico. The bill would require the state share of funding for the project to equal the federal share, and would require the proposed interagency agreement to make the federal government responsible to take responsibility for the ownership, operation, and maintenance of the project a structure after it has been constructed.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 29, 2019 Amended IN Senate March 27, 2019
Amended IN Senate April 29, 2019
Amended IN Senate March 27, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 690
Introduced by Senator HuesoFebruary 22, 2019
Introduced by Senator Hueso
February 22, 2019
An act to add Section 13229 to the Water Code, relating to water quality.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 690, as amended, Hueso. Water quality: Tijuana River.
Under the Porter-Cologne Water Quality Control Act, the 9 California regional water quality control boards are among the principal state agencies that carry out responsibilities relating to water quality. This bill would require the California Regional Water Quality Control Board, San Diego region, to the extent feasible, to negotiate an interagency agreement with the federal government under which the Department of Water Resources would be responsible for the planning, design, permitting, and construction of the Tijuana River Border Pollution Control Project, as defined. federal government would take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico. The bill would require the state share of funding for the project to equal the federal share, and would require the proposed interagency agreement to make the federal government responsible to take responsibility for the ownership, operation, and maintenance of the project a structure after it has been constructed.
Under the Porter-Cologne Water Quality Control Act, the 9 California regional water quality control boards are among the principal state agencies that carry out responsibilities relating to water quality.
This bill would require the California Regional Water Quality Control Board, San Diego region, to the extent feasible, to negotiate an interagency agreement with the federal government under which the Department of Water Resources would be responsible for the planning, design, permitting, and construction of the Tijuana River Border Pollution Control Project, as defined. federal government would take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico. The bill would require the state share of funding for the project to equal the federal share, and would require the proposed interagency agreement to make the federal government responsible to take responsibility for the ownership, operation, and maintenance of the project a structure after it has been constructed.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The Tijuana River Watershed straddles the international border between the United States and Mexico. The Tijuana River flows through Mexico before entering the Tijuana River Estuary and the Pacific Ocean through the County of San Diego in the United States.(b) The Tijuana River Estuary is designated as one of the Wetlands of International Importance by the United Nations. It provides a critical habitat for multiple endangered species and is one of the few estuaries and coastal lagoons in southern California, and the only one in the City of San Diego, not bisected by a railroad or freeway.(c) The Tijuana River and the Tijuana River Estuary are identified on the list of impaired waters developed pursuant to Section 303(d) of the federal Clean Water Act and the California Regional Water Quality Control Board, San Diego region, is developing total maximum daily loads for pathogens, bacterial indicators, and solid waste.(d) The Tijuana River has for more than 30 years experienced substantial discharges of trash, sediment, and wastewater generated as a result of sewage infrastructure inadequacies.(e) In February 2017, one of the largest spills occurred, resulting in 143,000,000 gallons of raw sewage flowing into the Tijuana River Valley.(f) Transboundary flows containing raw sewage, waste tires, trash, and sediment cause severe economic and environmental degradation as a result of the continued need to excavate, haul, and dispose of the pollution in the Tijuana River Valley, and those flows also result in constant beach closures that compromise the economic potential of beaches in the southern parts of the County of San Diego.(g) The discharge of raw sewage and other waste through the Tijuana River Valley poses serious public health risks from untreated and partially treated human and industrial wastewater that contains toxins and bacterial and viral pathogens, such as hepatitis and enteroviruses, which have been detected in the surf zone of the Tijuana River during wet weather.(h) The City of San Diego has declared a continued state of emergency since 1993 as a result of the escalated discharge of raw sewage from Tijuana, Mexico, that has caused numerous health problems, such as headaches, rashes, infections, and respiratory problems.(i) Pursuant to a 1944 treaty entered into by the United States and Mexico entitled Utilization of the Waters of the Colorado and Tijuana Rivers and of the Rio Grande, the International Boundary and Water Commission (IBWC), an international body responsible for cross-border rivers and streams, agreed to give preferential attention to the solution of all border sanitation problems.(j) The United States section of the IBWC maintains and operates flood control and wastewater collection and treatment infrastructure in the Tijuana River Valley and, through its operation of this facility, has assumed the responsibility to protect local communities from pollution flowing through this infrastructure into the Tijuana River Valley and the states coastal waters.(k) The discharge of raw sewage, tires, trash, sediment, and other waste constitutes a border sanitation problem, and the transboundary flows pose a threat to the public health of the people of California.(l) The IBWC and the federal government have repeatedly failed to stop transboundary flows and protect local communities from massive pollutant discharge and have stated that they are not responsible for managing transboundary trash, sewage, and sediment discharge from Mexico, even though the 1944 treaty dictates the agreement by IBWC to give preferential treatment to the solution of all border sanitation problems.(m) As a result of this continued failure, the Cities of Imperial Beach and Chula Vista, along with the San Diego Unified Port District and the Surfrider Foundation, filed a lawsuit against the IBWC for failure to protect the people of California.(n) Soon thereafter, the City of San Diego announced its intentions to join a lawsuit against the IBWC and the federal government, filed by the Attorney General on behalf of the State of California, for the continued discharge of pollutants into state waters.(o) The IBWC has contemplated participation from local, state, nongovernmental, and federal entities through its Minute 320 process and its three workgroups, which were specifically created to identify projects for federal, state, and local partnerships in which IBWC must be the lead responsible agency.(p) The California Regional Water Quality Control Board, San Diego region, is an agency responsible for the protection and preservation of California waters by administering and implementing the federal Clean Water Act, among other things.(q) To support the IBWC efforts, the regional board formed and led the Tijuana River Valley Recovery Team including 30 government entities, academic and research institutions, and nongovernmental organizations, including the IBWC, and established the need for interception and diversion structures and measures to protect communities and ecosystems in the Tijuana River Watershed and coastal waters.(r) The continued discharge of pollutants in the Tijuana River Valley poses an immediate threat to the health, safety, and welfare of the people of the State of California, and it is in the interest of the state and its people to take tangible steps to address transboundary flows from the Tijuana River.SEC. 2.Section 13229 is added to the Water Code, to read:13229.(a)For purposes of this section, Tijuana River Border Pollution Control Project means the waste capture and diversion structure that is located at the main channel of the Tijuana River between Dairy Mart Road and the United States-Mexico border intended to capture sediment, solid waste, and polluted flows in the Tijuana River.(b)(1)The California Regional Water Quality Control Board, San Diego region, shall negotiate an interagency agreement with the federal government under which the department would be responsible for the planning, design, permitting, and construction of the Tijuana River Border Pollution Control Project.(2)The proposed interagency agreement shall require the state share of funding for the Tijuana River Border Pollution Control Project to equal the federal share. The proposed interagency agreement shall provide for the federal government taking full responsibility for the ownership, operation, and maintenance of the project after it has been constructed.(c)If the federal government agrees to an interagency agreement described in this section, the board shall work to identify a source for the states share of funding.SEC. 2. (a) The California Regional Water Quality Control Board, San Diego region, shall, to the extent feasible, negotiate an interagency agreement with the federal government that addresses transboundary flows of waste from Mexico. The agreement shall provide that the federal government do all of the following:(1) Take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico.(2) Seek funding authorization to cover the federal share of costs for the purpose of paragraph (1).(3) Take responsibility for the ownership, operation, and maintenance of a waste capture or runoff interception and diversion structure after it has been constructed.(b) The state share of costs for the construction of a structure described in paragraph (1) of subdivision (a) shall equal the federal share of costs, subject to an appropriation by the Legislature.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) The Tijuana River Watershed straddles the international border between the United States and Mexico. The Tijuana River flows through Mexico before entering the Tijuana River Estuary and the Pacific Ocean through the County of San Diego in the United States.(b) The Tijuana River Estuary is designated as one of the Wetlands of International Importance by the United Nations. It provides a critical habitat for multiple endangered species and is one of the few estuaries and coastal lagoons in southern California, and the only one in the City of San Diego, not bisected by a railroad or freeway.(c) The Tijuana River and the Tijuana River Estuary are identified on the list of impaired waters developed pursuant to Section 303(d) of the federal Clean Water Act and the California Regional Water Quality Control Board, San Diego region, is developing total maximum daily loads for pathogens, bacterial indicators, and solid waste.(d) The Tijuana River has for more than 30 years experienced substantial discharges of trash, sediment, and wastewater generated as a result of sewage infrastructure inadequacies.(e) In February 2017, one of the largest spills occurred, resulting in 143,000,000 gallons of raw sewage flowing into the Tijuana River Valley.(f) Transboundary flows containing raw sewage, waste tires, trash, and sediment cause severe economic and environmental degradation as a result of the continued need to excavate, haul, and dispose of the pollution in the Tijuana River Valley, and those flows also result in constant beach closures that compromise the economic potential of beaches in the southern parts of the County of San Diego.(g) The discharge of raw sewage and other waste through the Tijuana River Valley poses serious public health risks from untreated and partially treated human and industrial wastewater that contains toxins and bacterial and viral pathogens, such as hepatitis and enteroviruses, which have been detected in the surf zone of the Tijuana River during wet weather.(h) The City of San Diego has declared a continued state of emergency since 1993 as a result of the escalated discharge of raw sewage from Tijuana, Mexico, that has caused numerous health problems, such as headaches, rashes, infections, and respiratory problems.(i) Pursuant to a 1944 treaty entered into by the United States and Mexico entitled Utilization of the Waters of the Colorado and Tijuana Rivers and of the Rio Grande, the International Boundary and Water Commission (IBWC), an international body responsible for cross-border rivers and streams, agreed to give preferential attention to the solution of all border sanitation problems.(j) The United States section of the IBWC maintains and operates flood control and wastewater collection and treatment infrastructure in the Tijuana River Valley and, through its operation of this facility, has assumed the responsibility to protect local communities from pollution flowing through this infrastructure into the Tijuana River Valley and the states coastal waters.(k) The discharge of raw sewage, tires, trash, sediment, and other waste constitutes a border sanitation problem, and the transboundary flows pose a threat to the public health of the people of California.(l) The IBWC and the federal government have repeatedly failed to stop transboundary flows and protect local communities from massive pollutant discharge and have stated that they are not responsible for managing transboundary trash, sewage, and sediment discharge from Mexico, even though the 1944 treaty dictates the agreement by IBWC to give preferential treatment to the solution of all border sanitation problems.(m) As a result of this continued failure, the Cities of Imperial Beach and Chula Vista, along with the San Diego Unified Port District and the Surfrider Foundation, filed a lawsuit against the IBWC for failure to protect the people of California.(n) Soon thereafter, the City of San Diego announced its intentions to join a lawsuit against the IBWC and the federal government, filed by the Attorney General on behalf of the State of California, for the continued discharge of pollutants into state waters.(o) The IBWC has contemplated participation from local, state, nongovernmental, and federal entities through its Minute 320 process and its three workgroups, which were specifically created to identify projects for federal, state, and local partnerships in which IBWC must be the lead responsible agency.(p) The California Regional Water Quality Control Board, San Diego region, is an agency responsible for the protection and preservation of California waters by administering and implementing the federal Clean Water Act, among other things.(q) To support the IBWC efforts, the regional board formed and led the Tijuana River Valley Recovery Team including 30 government entities, academic and research institutions, and nongovernmental organizations, including the IBWC, and established the need for interception and diversion structures and measures to protect communities and ecosystems in the Tijuana River Watershed and coastal waters.(r) The continued discharge of pollutants in the Tijuana River Valley poses an immediate threat to the health, safety, and welfare of the people of the State of California, and it is in the interest of the state and its people to take tangible steps to address transboundary flows from the Tijuana River.
SECTION 1. The Legislature finds and declares all of the following:(a) The Tijuana River Watershed straddles the international border between the United States and Mexico. The Tijuana River flows through Mexico before entering the Tijuana River Estuary and the Pacific Ocean through the County of San Diego in the United States.(b) The Tijuana River Estuary is designated as one of the Wetlands of International Importance by the United Nations. It provides a critical habitat for multiple endangered species and is one of the few estuaries and coastal lagoons in southern California, and the only one in the City of San Diego, not bisected by a railroad or freeway.(c) The Tijuana River and the Tijuana River Estuary are identified on the list of impaired waters developed pursuant to Section 303(d) of the federal Clean Water Act and the California Regional Water Quality Control Board, San Diego region, is developing total maximum daily loads for pathogens, bacterial indicators, and solid waste.(d) The Tijuana River has for more than 30 years experienced substantial discharges of trash, sediment, and wastewater generated as a result of sewage infrastructure inadequacies.(e) In February 2017, one of the largest spills occurred, resulting in 143,000,000 gallons of raw sewage flowing into the Tijuana River Valley.(f) Transboundary flows containing raw sewage, waste tires, trash, and sediment cause severe economic and environmental degradation as a result of the continued need to excavate, haul, and dispose of the pollution in the Tijuana River Valley, and those flows also result in constant beach closures that compromise the economic potential of beaches in the southern parts of the County of San Diego.(g) The discharge of raw sewage and other waste through the Tijuana River Valley poses serious public health risks from untreated and partially treated human and industrial wastewater that contains toxins and bacterial and viral pathogens, such as hepatitis and enteroviruses, which have been detected in the surf zone of the Tijuana River during wet weather.(h) The City of San Diego has declared a continued state of emergency since 1993 as a result of the escalated discharge of raw sewage from Tijuana, Mexico, that has caused numerous health problems, such as headaches, rashes, infections, and respiratory problems.(i) Pursuant to a 1944 treaty entered into by the United States and Mexico entitled Utilization of the Waters of the Colorado and Tijuana Rivers and of the Rio Grande, the International Boundary and Water Commission (IBWC), an international body responsible for cross-border rivers and streams, agreed to give preferential attention to the solution of all border sanitation problems.(j) The United States section of the IBWC maintains and operates flood control and wastewater collection and treatment infrastructure in the Tijuana River Valley and, through its operation of this facility, has assumed the responsibility to protect local communities from pollution flowing through this infrastructure into the Tijuana River Valley and the states coastal waters.(k) The discharge of raw sewage, tires, trash, sediment, and other waste constitutes a border sanitation problem, and the transboundary flows pose a threat to the public health of the people of California.(l) The IBWC and the federal government have repeatedly failed to stop transboundary flows and protect local communities from massive pollutant discharge and have stated that they are not responsible for managing transboundary trash, sewage, and sediment discharge from Mexico, even though the 1944 treaty dictates the agreement by IBWC to give preferential treatment to the solution of all border sanitation problems.(m) As a result of this continued failure, the Cities of Imperial Beach and Chula Vista, along with the San Diego Unified Port District and the Surfrider Foundation, filed a lawsuit against the IBWC for failure to protect the people of California.(n) Soon thereafter, the City of San Diego announced its intentions to join a lawsuit against the IBWC and the federal government, filed by the Attorney General on behalf of the State of California, for the continued discharge of pollutants into state waters.(o) The IBWC has contemplated participation from local, state, nongovernmental, and federal entities through its Minute 320 process and its three workgroups, which were specifically created to identify projects for federal, state, and local partnerships in which IBWC must be the lead responsible agency.(p) The California Regional Water Quality Control Board, San Diego region, is an agency responsible for the protection and preservation of California waters by administering and implementing the federal Clean Water Act, among other things.(q) To support the IBWC efforts, the regional board formed and led the Tijuana River Valley Recovery Team including 30 government entities, academic and research institutions, and nongovernmental organizations, including the IBWC, and established the need for interception and diversion structures and measures to protect communities and ecosystems in the Tijuana River Watershed and coastal waters.(r) The continued discharge of pollutants in the Tijuana River Valley poses an immediate threat to the health, safety, and welfare of the people of the State of California, and it is in the interest of the state and its people to take tangible steps to address transboundary flows from the Tijuana River.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) The Tijuana River Watershed straddles the international border between the United States and Mexico. The Tijuana River flows through Mexico before entering the Tijuana River Estuary and the Pacific Ocean through the County of San Diego in the United States.
(b) The Tijuana River Estuary is designated as one of the Wetlands of International Importance by the United Nations. It provides a critical habitat for multiple endangered species and is one of the few estuaries and coastal lagoons in southern California, and the only one in the City of San Diego, not bisected by a railroad or freeway.
(c) The Tijuana River and the Tijuana River Estuary are identified on the list of impaired waters developed pursuant to Section 303(d) of the federal Clean Water Act and the California Regional Water Quality Control Board, San Diego region, is developing total maximum daily loads for pathogens, bacterial indicators, and solid waste.
(d) The Tijuana River has for more than 30 years experienced substantial discharges of trash, sediment, and wastewater generated as a result of sewage infrastructure inadequacies.
(e) In February 2017, one of the largest spills occurred, resulting in 143,000,000 gallons of raw sewage flowing into the Tijuana River Valley.
(f) Transboundary flows containing raw sewage, waste tires, trash, and sediment cause severe economic and environmental degradation as a result of the continued need to excavate, haul, and dispose of the pollution in the Tijuana River Valley, and those flows also result in constant beach closures that compromise the economic potential of beaches in the southern parts of the County of San Diego.
(g) The discharge of raw sewage and other waste through the Tijuana River Valley poses serious public health risks from untreated and partially treated human and industrial wastewater that contains toxins and bacterial and viral pathogens, such as hepatitis and enteroviruses, which have been detected in the surf zone of the Tijuana River during wet weather.
(h) The City of San Diego has declared a continued state of emergency since 1993 as a result of the escalated discharge of raw sewage from Tijuana, Mexico, that has caused numerous health problems, such as headaches, rashes, infections, and respiratory problems.
(i) Pursuant to a 1944 treaty entered into by the United States and Mexico entitled Utilization of the Waters of the Colorado and Tijuana Rivers and of the Rio Grande, the International Boundary and Water Commission (IBWC), an international body responsible for cross-border rivers and streams, agreed to give preferential attention to the solution of all border sanitation problems.
(j) The United States section of the IBWC maintains and operates flood control and wastewater collection and treatment infrastructure in the Tijuana River Valley and, through its operation of this facility, has assumed the responsibility to protect local communities from pollution flowing through this infrastructure into the Tijuana River Valley and the states coastal waters.
(k) The discharge of raw sewage, tires, trash, sediment, and other waste constitutes a border sanitation problem, and the transboundary flows pose a threat to the public health of the people of California.
(l) The IBWC and the federal government have repeatedly failed to stop transboundary flows and protect local communities from massive pollutant discharge and have stated that they are not responsible for managing transboundary trash, sewage, and sediment discharge from Mexico, even though the 1944 treaty dictates the agreement by IBWC to give preferential treatment to the solution of all border sanitation problems.
(m) As a result of this continued failure, the Cities of Imperial Beach and Chula Vista, along with the San Diego Unified Port District and the Surfrider Foundation, filed a lawsuit against the IBWC for failure to protect the people of California.
(n) Soon thereafter, the City of San Diego announced its intentions to join a lawsuit against the IBWC and the federal government, filed by the Attorney General on behalf of the State of California, for the continued discharge of pollutants into state waters.
(o) The IBWC has contemplated participation from local, state, nongovernmental, and federal entities through its Minute 320 process and its three workgroups, which were specifically created to identify projects for federal, state, and local partnerships in which IBWC must be the lead responsible agency.
(p) The California Regional Water Quality Control Board, San Diego region, is an agency responsible for the protection and preservation of California waters by administering and implementing the federal Clean Water Act, among other things.
(q) To support the IBWC efforts, the regional board formed and led the Tijuana River Valley Recovery Team including 30 government entities, academic and research institutions, and nongovernmental organizations, including the IBWC, and established the need for interception and diversion structures and measures to protect communities and ecosystems in the Tijuana River Watershed and coastal waters.
(r) The continued discharge of pollutants in the Tijuana River Valley poses an immediate threat to the health, safety, and welfare of the people of the State of California, and it is in the interest of the state and its people to take tangible steps to address transboundary flows from the Tijuana River.
(a)For purposes of this section, Tijuana River Border Pollution Control Project means the waste capture and diversion structure that is located at the main channel of the Tijuana River between Dairy Mart Road and the United States-Mexico border intended to capture sediment, solid waste, and polluted flows in the Tijuana River.
(b)(1)The California Regional Water Quality Control Board, San Diego region, shall negotiate an interagency agreement with the federal government under which the department would be responsible for the planning, design, permitting, and construction of the Tijuana River Border Pollution Control Project.
(2)The proposed interagency agreement shall require the state share of funding for the Tijuana River Border Pollution Control Project to equal the federal share. The proposed interagency agreement shall provide for the federal government taking full responsibility for the ownership, operation, and maintenance of the project after it has been constructed.
(c)If the federal government agrees to an interagency agreement described in this section, the board shall work to identify a source for the states share of funding.
SEC. 2. (a) The California Regional Water Quality Control Board, San Diego region, shall, to the extent feasible, negotiate an interagency agreement with the federal government that addresses transboundary flows of waste from Mexico. The agreement shall provide that the federal government do all of the following:(1) Take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico.(2) Seek funding authorization to cover the federal share of costs for the purpose of paragraph (1).(3) Take responsibility for the ownership, operation, and maintenance of a waste capture or runoff interception and diversion structure after it has been constructed.(b) The state share of costs for the construction of a structure described in paragraph (1) of subdivision (a) shall equal the federal share of costs, subject to an appropriation by the Legislature.
SEC. 2. (a) The California Regional Water Quality Control Board, San Diego region, shall, to the extent feasible, negotiate an interagency agreement with the federal government that addresses transboundary flows of waste from Mexico. The agreement shall provide that the federal government do all of the following:(1) Take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico.(2) Seek funding authorization to cover the federal share of costs for the purpose of paragraph (1).(3) Take responsibility for the ownership, operation, and maintenance of a waste capture or runoff interception and diversion structure after it has been constructed.(b) The state share of costs for the construction of a structure described in paragraph (1) of subdivision (a) shall equal the federal share of costs, subject to an appropriation by the Legislature.
SEC. 2. (a) The California Regional Water Quality Control Board, San Diego region, shall, to the extent feasible, negotiate an interagency agreement with the federal government that addresses transboundary flows of waste from Mexico. The agreement shall provide that the federal government do all of the following:
### SEC. 2.
(1) Take the lead role in constructing a waste capture or runoff interception and diversion structure to significantly reduce waste streams from Mexico.
(2) Seek funding authorization to cover the federal share of costs for the purpose of paragraph (1).
(3) Take responsibility for the ownership, operation, and maintenance of a waste capture or runoff interception and diversion structure after it has been constructed.
(b) The state share of costs for the construction of a structure described in paragraph (1) of subdivision (a) shall equal the federal share of costs, subject to an appropriation by the Legislature.