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AB-2248 Water quality: California-Mexico cross-border rivers.(2021-2022)



Current Version: 09/01/22 - Enrolled

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AB2248:v94#DOCUMENT

Enrolled  September 01, 2022
Passed  IN  Senate  August 29, 2022
Passed  IN  Assembly  August 30, 2022
Amended  IN  Senate  August 11, 2022
Amended  IN  Senate  June 30, 2022
Amended  IN  Assembly  March 24, 2022
Amended  IN  Assembly  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2248

Introduced by Assembly Members Eduardo Garcia and Ward
(Coauthor: Assembly Member Alvarez)
(Coauthor: Senator Hueso)

February 16, 2022

An act to add Part 2.7 (commencing with Section 71108) to Division 34 of the Public Resources Code, relating to water quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 2248, Eduardo Garcia. Water quality: California-Mexico cross-border rivers.
Existing law establishes the California-Mexico Border Relations Council in state government, chaired by the Secretary for Environmental Protection, and prescribes the functions and duties of the council with respect to coordinating the activities of state agencies that are related to cross-border programs, initiatives, projects, and partnerships that exist within state government, 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 the County of Imperial. Existing law requires 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 related projects.
This bill would make $100,000,000 available from the General Fund, upon appropriation by the Legislature in the annual Budget Act or another statute, to the State Water Resources Control Board for grants and direct expenditures to address water quality problems arising in the California-Mexico cross-border rivers. The bill would require the funding to be available for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program and water quality projects for the Tijuana River and would make 5% of the funding available for the administrative costs of the state board in implementing these provisions and 5% available for the costs of the Office of the Attorney General in enforcing these provisions. The bill would require the state board, in consultation with the California Environmental Protection Agency, the San Diego Regional Water Quality Control Board, and the Colorado River Basin Regional Water Quality Control Board, to administer the funding, as specified. The bill would require expenditures of the funding to be consistent with the work of the California Environmental Protection Agency Border Affairs Program and would require priority for the funding to be given to projects that have funding committed by the United States, the Republic of Mexico, the State of Baja California, or the City of Tijuana or Mexicali. The bill would authorize grant funding to be conditioned on enforceability and accountability mechanisms agreed upon by the state board and the recipient, as prescribed, and would authorize funding to be provided for activities or projects in the State of Baja California under certain circumstances. The bill would require the state board and the California Environmental Protection Agency to notify the leadership office in each house of the Legislature on cross-border collaboration and the expenditure of the funding.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Part 2.7 (commencing with Section 71108) is added to Division 34 of the Public Resources Code, to read:

PART 2.7. Water Quality in California-Mexico Cross-Border Rivers

71108.
 (a) (1) One hundred million dollars ($100,000,000) shall be available from the General Fund, upon appropriation by the Legislature in the annual Budget Act or another statute, to the State Water Resources Control Board for grants and direct expenditures to address water quality problems arising in the California-Mexico cross-border rivers.
(2) Funding available pursuant to paragraph (1) shall be available for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6, and water quality projects for the Tijuana River.
(3) Of the funding available pursuant to paragraph (1), 5 percent shall be available for the administrative costs of the State Water Resources Control Board in implementing this section.
(4) Of the funding available pursuant to paragraph (1), 5 percent shall be available for the costs of the Office of the Attorney General in enforcing this section.
(5) The State Water Resources Control Board, in consultation with the California Environmental Protection Agency, the San Diego Regional Water Quality Control Board, and the Colorado River Basin Regional Water Quality Control Board, shall administer the funding pursuant to paragraph (1), including developing grant guidelines to implement this section that establish a timeline for funding disbursement, project prioritization, and monitoring requirements. Those guidelines are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Expenditures of the funding available pursuant to subdivision (a) shall be consistent with the work of the California Environmental Protection Agency Border Affairs Program. Priority for the funding available pursuant to subdivision (a) shall be given to projects that have funding committed by the United States, the Republic of Mexico, the State of Baja California, or the City of Tijuana or Mexicali.
(c) (1) Any funding provided under this section for activities or projects in the State of Baja California may be provided through direct expenditures and for grants to an eligible funding recipient authorized to work in Mexico.
(2) For purposes of this subdivision, eligible funding recipients are entities that are, or that consent to be, subject to the jurisdiction of the California courts for the purpose of enforcement of the funding agreement.
(3) To the extent that a funding recipient that is, or consents to be, subject to the jurisdiction of the California courts is eligible to undertake a project, expenditures of the funding available pursuant to subdivision (a) may be available for actions in California or in the State of Baja California provided the actions provide water quality benefits to the portions of the rivers in California.
(d) Grant funding may be conditioned on enforceability and accountability mechanisms agreed upon by the State Water Resources Control Board and the recipient, including, but not limited to, both of the following:
(1) Progress reports accompanying each disbursement request.
(2) An enforceable commitment to operate and maintain the funded project for the project’s useful life or 30 years, whichever is less.
(e) The authority to enforce the terms of funding agreements entered into pursuant to this section is hereby expressly reserved to the Office of the Attorney General.
(f) The State Water Resources Control Board and the California Environmental Protection Agency shall notify the leadership office in each house of the Legislature on cross-border collaboration and the expenditure of the funding available pursuant to subdivision (a).
(g) Direct expenditures under this section may be provided in a lump sum in advance of costs incurred.