,i #aagth ,,congress #ast ,session ,h4 ,r4 #affc ,,in ,,the ,,house ,,of ,,representatives ,march #h1 #bjba,mr4 ,vargas 7for himself1 ,mr4 ,levin of ,california1 ,mr4 ,peters1 ,ms4 ,jacobs of ,california1 ,mr4 ,issa1 and ,mr4 ,ruiz7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committees on ,energy and ,commerce1 ,natural ,resources1 ,foreign ,affairs1 and the ,budget1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide for the water quality restoration of the ,tijuana ,river and the ,new ,river1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,border ,water ,quality ,restoration and ,protection ,act of #bjba4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,tijuana ,river ,public ,health and ,water ,quality ,restoration,sec4 #aja4 ,findings2 purpose4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,tijuana ,river ,public ,health and ,water ,quality ,restoration ,program4,sec4 #ajd4 ,water quality plan4,sec4 #aje4 ,grants1 agreements1 and assistance4,sec4 #ajf4 ,annual budget plan4,sec4 #ajg4 ,reports4,,title ,,ii--,new ,river ,public ,health and ,water ,quality ,restoration,sec4 #bja4 ,findings2 purpose4,sec4 #bjb4 ,definitions4,sec4 #bjc4 ,california ,new ,river ,public ,health and ,water ,quality ,restoration ,program4,sec4 #bjd4 ,water quality plan4,sec4 #bje4 ,grants1 agreements1 and assistance4,sec4 #bjf4 ,annual budget plan4,sec4 #bjg4 ,reports4,,title ,,iii--,border ,water ,infrastructure ,improvement,sec4 #cja4 ,united ,states-,mexico border water infrastructure program4,,title ,,iv--,miscellaneous,sec4 #dja4 ,role of the ,commissioner and international agreements4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of the ,united ,states ,section of the ,international ,boundary and ,water ,commission4 7#c7 ,mexican ,the term ,mexican means1 as applicable1 the ,federal1 ,state1 and local governments of ,mexico4 7#d7 ,new ,river ,the term ,new ,river means the river that starts in ,mexicali1 ,mexico1 flows north into the ,united ,states through ,calexico1 passes through the ,imperial ,valley1 and drains into the ,salton ,sea4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,state4 7#f7 ,tijuana ,river ,the term ,tijuana ,river means the river that rises in the ,sierra de ,juarez in ,mexico1 flows through the ,city of ,tijuana and then north into the ,united ,states1 passes through the ,tijuana ,river estuary1 and drains into the ,pacific ,ocean4 7#g7 ,water reuse ,the term water reuse has the meaning given the term in the document of the ,environmental ,protection ,agency entitled ,national ,water ,reuse ,action ,plan ,collaborative ,implementation 7,version #a7 and dated ,february #bjbj4 ,i ,tijuana ,river ,public ,health and ,water ,quality ,restoration #aja4 ,findings2 purpose 7a7 ,findings ,congress finds that-- 7#a7 the ,tijuana ,river flows across the ,united ,states-,mexico border1 through the southern ,united ,states1 and into the ,pacific ,ocean2 7#b7 #c_/d of the #a1gej square mile watershed of the ,tijuana ,river lies in ,mexico1 and the remaining #a_/d includes the ,tijuana ,river ,national ,estuarine ,research ,reserve in the ,united ,states2 7#c7 the ,tijuana ,river ,national ,estuarine ,research ,reserve is a partnership of ,federal and ,state agencies1 including the ,national ,oceanic and ,atmospheric ,administration1 ,california ,state ,parks1 and the ,united ,states ,fish and ,wildlife ,service2 7#d7 the ,tijuana ,river is a significant estuary and watershed1 providing-- 7,a7 economic and health benefits to the citizens of the ,united ,states and ,mexico2 and 7,b7 environmental benefits as critical habitat to shore birds2 7#e7 the economy of communities in southern ,california1 including smaller communities1 such as the ,city of ,imperial ,beach1 and larger municipalities1 such as the ,city of ,san ,diego1 may be significantly affected if the natural beauty and recreational opportunities of the ,tijuana ,river are degraded2 7#f7 the ,tijuana ,river watershed is in the midst of an environmental crisis1 as stormwater flows from the upper watershed1 originating in ,tijuana1 ,mexico1 carrying pollutants such as bacteria1 trash1 and sediment that severely affect water quality2 7#g7 coastal communities in and near the ,tijuana ,river watershed are also affected1 during certain tidal events1 by a combination of treated wastewater and chlorinated-only wastewater discharged from the ,san ,antonio de los ,buenos wastewater treatment plant located #e miles south of the ,united ,states-,mexico border in ,tijuana2 7#h7 as reported by the ,government ,accountability ,office in ,february #bjbj1 transboundary flows of untreated sewage1 combined with unmanaged stormwater1 bring bacteria and other contaminants into the ,tijuana ,river ,valley watershed and beaches in the ,united ,states2 7#i7 sediment flows into the ,tijuana ,river ,national ,wildlife ,refuge and blocks the flow of ocean water and creating an imbalance in water salinity1 necessary for marsh plants1 fish1 and birds2 7#aj7 the ,city of ,imperial ,beach has closed beach access #a_/c of each year for several years before the date of enactment of this ,act due to risk to human health2 7#aa7 flows of untreated sewage1 chemicals1 and pollution from ,mexico jeopardize the health of ,border ,patrol agents and limiting the ability of those agents to operate in areas affected by these flows2 7#ab7 in the #b years before the date of enactment of this ,act1 local ,border ,patrol union officials have reported that over #ajj officers have suffered from contamination1 rashes1 infections1 chemical burns1 and lung irritation due to toxic cross-border flows2 7#ac7 a ,march #bjbj report of the ,environmental ,financial ,advisory ,board of the ,environmental ,protection ,agency-- 7,a7 found that-- 7i7 stormwater knows no jurisdictional boundaries ''' and is a principal cause of water quality issues nationwide2 and 7ii7 adequate funding to manage stormwater pollution lags behind the investments made in wastewater management and the delivery of safe drinking water by decades2 and 7,b7 concluded that ,federal investment will be required to address-- 7i7 the lack of ,state and local funding2 and 7ii7 multi-jurisdictional stormwater management needs2 7#ad7 during the #aj-year period before the date of enactment of this ,act1 ,federal1 ,state1 and local governments and others have identified the benefits of using natural and green infrastructure to control and manage stormwater runoff1 including wetlands1 coastal dunes1 and retention structures2 7#ae7 during the #bj-year period before the date of enactment of this ,act1 the ,united ,states and ,mexico1 through the ,international ,boundary and ,water ,commission1 have agreed to resolve the pollution problems in the ,tijuana ,river2 7#af7 the ,international ,boundary and ,water ,commission has negotiated #h minutes to resolve water quality problems in the ,tijuana ,river1 among other subjects2 7#ag7 #a of the most recent minutes authorized the construction of the ,south ,bay ,international ,wastewater ,treatment ,plant in ,san ,ysidro to treat1 on average1 #be1jjj1jjj gallons of sewage from ,tijuana per day1 which has reduced the sewage coming into the ,united ,states2 7#ah7 the sewer system of ,tijuana is-- 7,a7 aging and deteriorating2 and 7,b7 insufficient to meet the needs of a quickly growing population2 7#ai7 in ,february #bjag1 #a of the main sewer collectors of ,tijuana broke1 sending an estimated #adc1jjj1jjj gallons of raw sewage into the ,united ,states1 which was not the only time such a break occurred2 7#bj7 from ,february to ,july of #bjai1 an estimated #d1ejj1jjj1jjj gallons of wastewater1 treated water1 and stormwater flowed from ,mexico to the ,united ,states2 7#ba7 in ,june and ,july #bjai1 there were #c sewer collector breaks1 resulting in a total discharge of raw sewage of almost #b1jjj1jjj gallons2 7#bb7 a #bjai study entitled ,tijuana ,river ,diversion ,study3 ,flow ,estimates1 ,infrastructure ,diagnostic1 and ,alternatives ,development estimated that from #bjji through #bjaf1 transboundary flows occurred on average #ach days each year2 7#bc7 those transboundary flows contain treated wastewater1 raw sewage1 and urban runoff1 with most of those flows associated with wet weather and stormwater2 7#bd7 the study described in paragraph 7#bb7-- 7,a7 found that improving the operational reliability of the existing diversion system of the ,south ,bay could reduce the number of days that transboundary flows occurred2 but 7,b7 estimated that there would still be on average #ij days of transboundary flows each year2 7#be7 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 has established a stormwater permit program under the ,national ,pollutant ,discharge ,elimination ,system1 under which municipalities have the responsibility to manage and treat stormwater2 7#bf7 because of the international border and different treatment systems and standards1 discharges in ,mexico to the ,tijuana ,river are not treated to the same standards as the standards to which discharges would be treated in the ,united ,states2 7#bg7 the ,international ,boundary and ,water ,commission negotiated ,minute #cbj to find solutions for water quality1 trash1 and sediment in the ,tijuana ,river2 7#bh7 the ,united ,states has-- 7,a7 invested at least #bej1jjj1jjj for secondary wastewater treatment in the ,tijuana ,river ,valley by the ,international ,boundary and ,water ,commission2 and 7,b7 paid #ah1jjj1jjj to operate and maintain the plant in fiscal year #bjah2 7#bi7 the ,united ,states has also helped fund water and wastewater infrastructure along the border through the ,border ,water ,infrastructure ,program and the ,north ,american ,development ,bank2 7#cj7 however1 as the ,government ,accountability ,office found in the report described in paragraph 7#h71 the long-standing environmental and health problems associated with transboundary stormwater flows continue1 while the ,international ,boundary and ,water ,commission has not taken actions to resolve existing problems by proposing and analyzing alternatives1 analyzing costs1 identifying solutions1 or establishing time frames2 and 7#ca7 significant additional investment from ,federal1 ,state1 local1 and ,mexican resources is needed to improve the water quality of the ,tijuana ,river watershed4 7b7 ,purposes ,the purposes of this title are-- 7#a7 to establish a program to plan and implement water quality restoration and protection activities2 7#b7 to ensure the coordination of restoration and protection activities among ,mexican1 ,federal1 ,state1 local1 and regional entities and conservation partners relating to water quality and stormwater management in the ,mexican ,tijuana ,river watershed and the ,american ,tijuana ,river watershed2 and 7#c7 to provide funding for water quality restoration and protection activities in the ,mexican ,tijuana ,river watershed and the ,american ,tijuana ,river watershed4 #ajb4 ,definitions ,in this title3 7#a7 ,american ,tijuana ,river watershed ,the term ,american ,tijuana ,river watershed means the portion of the ,tijuana ,river watershed that lies in the ,united ,states4 7#b7 ,mexican ,tijuana ,river watershed ,the term ,mexican ,tijuana ,river watershed means the portion of the ,tijuana ,river watershed that lies in ,mexico4 7#c7 ,program ,the term program means the ,tijuana ,river ,public ,health and ,water ,quality ,restoration ,program established under section #ajc7;a74 7#d7 ,water quality restoration and protection ,the term water quality restoration and protection1 with respect to the ,tijuana ,river watershed1 means-- 7,a7 the enhancement of water quality and stormwater management2 and 7,b7 the use of natural and green infrastructure to enhance the ability of the watershed to capture pollutants and reduce runoff to prevent flooding4 #ajc4 ,tijuana ,river ,public ,health and ,water ,quality ,restoration ,program 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a program1 to be known as the ,tijuana ,river ,public ,health and ,water ,quality ,restoration ,program4 7b7 ,duties ,in carrying out the program1 the ,administrator shall-- 7#a7 carry out projects1 plans1 and initiatives for the ,tijuana ,river and work in consultation with applicable management entities1 including representatives of the ,federal ,government1 ,state and local governments1 and regional and nonprofit organizations1 to carry out public health and water quality restoration and protection activities relating to the ,tijuana ,river2 7#b7 carry out activities that-- 7,a7 develop1 using monitoring1 data collection1 and assessment1 a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph 7#a72 7,b7 support the implementation of a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph 7#a71 including water reuse projects1 water recycling projects1 and natural and green infrastructure projects2 7,c7 target cost-effective projects with measurable results2 and 7,d7 maximize public health and water quality conservation outcomes2 7#c7 coordinate the development of consistent ,federal policies1 strategies1 projects1 and priorities for addressing the public health and water quality restoration and protection of the ,tijuana ,river2 7#d7 coordinate a funding strategy among available funding sources in the region2 and 7#e7 provide grants1 agreements1 and technical assistance in accordance with section #aje4 7c7 ,coordination ,in establishing the program1 the ,administrator shall consult1 as appropriate1 with-- 7#a7 the heads of ,federal agencies1 including-- 7,a7 the ,secretary2 7,b7 the ,commissioner2 7,c7 the ,secretary of ,agriculture2 7,d7 the ,secretary of ,homeland ,security2 7,e7 the ,administrator of ,general ,services2 7,f7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7,g7 the ,secretary of the ,interior2 7,h7 the ,secretary of the ,army1 acting through the ,chief of ,engineers2 7,i7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,j7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 and 7,k7 the head of any other applicable agency1 as determined by the ,administrator2 7#b7 the heads of ,state agencies1 including-- 7,a7 the ,governor of ,california2 7,b7 the ,california ,environmental ,protection ,agency2 7,c7 the ,california ,state ,water ,resources ,control ,board2 7,d7 the ,california ,department of ,water ,resources2 and 7,e7 the ,san ,diego ,regional ,water ,quality ,control ,board2 7#c7 #b representatives of affected units of local government in the ,state1 chosen on a rotating #c-year cycle by the ,governor of ,california1 including representatives from the ,city of ,imperial ,beach1 the ,city of ,san ,diego1 the ,city of ,chula ,vista1 the ,city of ,coronado1 the ,port of ,san ,diego1 and the ,county of ,san ,diego2 7#d7 #b representatives of relevant nonprofit groups1 chosen on a rotating #c-year cycle by the ,governor of ,california2 7#e7 other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the ,tijuana ,river in the ,united ,states and ,mexico1 as determined by the ,administrator2 and 7#f7 representatives of the ,north ,american ,development ,bank4 7d7 ,cooperative agreements and memoranda of understanding 7#a7 ,in general ,to achieve the purposes of this title and to ensure effective coordination of ,federal and non-,federal water quality restoration and protection activities1 the ,administrator shall use amounts made available for the border water infrastructure program under section #cja and payments received pursuant to paragraph 7#d77;,a7 to enter into cooperative agreements and memoranda of understanding with1 and provide technical assistance to-- 7,a7 the heads of other ,federal agencies1 ,states1 ,state agencies1 units of local government1 regional governmental bodies1 and private entities2 and 7,b7 in cooperation with the ,secretary1 the ,government of ,mexico4 7#b7 ,use of agreements ,the ,administrator shall enter into the cooperative agreements and memoranda of understanding described in paragraph 7#a7-- 7,a7 to carry out the activities described in this section1 including studies1 plans1 construction1 and completion of projects to improve the water quality of1 environment of1 and public health around the ,tijuana ,river2 and 7,b7 to carry out a pilot project under which the ,administrator shall1 for projects selected by the ,administrator that would otherwise not be successful in improving the water quality of1 environment of1 and public health of people residing in areas surrounding the ,tijuana ,river-- 7i7 identify the parties responsible for the projects2 and 7ii7 provide funds to those parties for the operations and maintenance of the projects4 7#c7 ,term ,the cooperative agreements and memoranda of understanding described in paragraph 7#a7 shall be limited to a specified period of time1 as determined by the ,administrator4 7#d7 ,financial arrangements 7,a7 ,in general ,if the ,administrator enters into a cooperative agreement or memorandum of understanding described in paragraph 7#a71 the ,administrator may require the other party to the agreement or memorandum to provide payment to the ,administrator4 7,b7 ,deposit ,any amounts received as a payment under subparagraph 7,a7 shall be deposited into the ,state and ,tribal ,assistance ,grants account of the ,environmental ,protection ,agency and shall remain available1 without further appropriation1 to carry out the purposes of this title4 7#e7 ,personnel2 services2 technical assistance ,the ,administrator may provide or accept personnel1 services1 and technical assistance pursuant to a cooperative agreement or memorandum of understanding described in paragraph 7#a71 with or without reimbursement1 for the purposes of carrying out the agreement or memorandum4 #ajd4 ,water quality plan 7a7 ,development 7#a7 ,in general ,the ,administrator1 in consultation with the entities described in section #ajc7;c71 shall develop a plan for the purpose of improving and protecting the water quality of the ,tijuana ,river watershed4 7#b7 ,requirements ,the plan under paragraph 7#a7 shall-- 7,a7 build on and incorporate any existing efforts and plans to improve and protect the water quality of the ,tijuana ,river watershed1 including ongoing and completed efforts and plans2 and 7,b7 include-- 7i7 such features as are needed to improve and protect the quality of wastewater1 stormwater runoff1 and other untreated flows2 7ii7 criteria for selecting-- 7,i7 water quality restoration and protection projects2 and 7,,ii7 projects on the priority list under subsection 7c77#a72 7iii7 the amounts necessary for the operations and maintenance of infrastructure existing on and constructed after the date of enactment of this ,act2 and 7iv7 potential sources of funding to help pay the costs described in clause 7iii74 7#c7 ,operations and maintenance funding 7,a7 ,in general ,the ,administrator1 working with the entities described in section #ajc7;c71 shall assess and identify potential alternative sources and approaches for financing infrastructure projects1 including financing the operations and maintenance of those infrastructure projects4 7,b7 ,requirement ,in carrying out subparagraph 7,a71 the ,administrator shall assess the approaches identified in the report of the ,environmental ,financial ,advisory ,board entitled ,evaluating ,stormwater ,infrastructure ,funding and ,financing and dated ,march #bjbj4 7b7 ,issuance2 updates ,the ,administrator shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 issue the plan under subsection 7a77#a72 and 7#b7 every #e years after the date on which the plan is issued under paragraph 7#a71 update the plan4 7c7 ,priority list 7#a7 ,in general ,the plan under subsection 7a77#a7 shall include a priority list of potential or proposed water quality restoration and protection projects for the ,tijuana ,river watershed that-- 7,a7 provides for the management of wastewater or stormwater or the removal of debris1 sediment1 chemicals1 bacteria1 and other contaminants from the water flowing north into the ,united ,states2 7,b7 estimates the costs and identifies the entities that will fund the construction1 operation1 and maintenance of each project on the priority list2 7,c7 is developed in coordination with the entities described in section #ajc7;c72 7,d7 assists agencies to coordinate funding2 and 7,e7 identifies projects-- 7i7 in the ,mexican ,tijuana ,river watershed2 7ii7 in the ,american ,tijuana ,river watershed2 and 7iii7 that address transboundary flows that affect coastal communities in and near the ,tijuana ,river watershed4 7#b7 ,development ,in developing the priority list under paragraph 7#a71 the ,administrator shall-- 7,a7 use the best available science1 including any relevant findings and recommendations of a watershed assessment conducted by ,federal1 ,state1 and local agencies2 7,b7 carry out and fund science development1 monitoring1 or modeling as needed to inform project development and assessment2 and 7,c7 include1 in order of priority1 potential or proposed water quality or stormwater projects for the restoration and protection of the ,tijuana ,river that-- 7i7 would help-- 7,i7 to achieve and maintain the water quality standards for-- 7aa7 public health2 7bb7 recreational opportunities2 7cc7 scenic resources2 and 7dd7 wildlife and habitat2 and 7,,ii7 to address water needs in the ,tijuana ,river watershed1 including through water reuse and water recycling2 and 7ii7 would identify responsible agencies and funding sources through coordinated efforts by the entities described in section #ajc7;c74 #aje4 ,grants1 agreements1 and assistance 7a7 ,in general ,in order to carry out the purposes of the program as described in section #aja7;b71 the ,administrator may-- 7#a7 provide grants and technical assistance to the ,commissioner1 ,state and local governments1 nonprofit organizations1 and institutions of higher education1 in both the ,united ,states and ,mexico2 and 7#b7 enter into interagency agreements with other ,federal agencies4 7b7 ,criteria ,the ,administrator1 in consultation with the entities described in section #ajc7;c71 shall develop criteria for providing grants and technical assistance and entering into interagency agreements under subsection 7a7 to ensure that activities carried out under an interagency agreement or using those grants or technical assistance-- 7#a7 accomplish #a or more of the purposes identified in section #aja7;b72 and 7#b7 advance the implementation of priority projects identified under section #ajd7;c74 7c7 ,cost sharing ,the ,administrator may establish a ,federal share requirement for any project carried out using any assistance proved under this section on an individual project basis4 7d7 ,administration 7#a7 ,in general ,the ,administrator may enter into an agreement to manage the implementation of this section with the ,north ,american ,development ,bank or a similar organization that offers grant management services4 7#b7 ,funding ,if the ,administrator enters into an agreement under paragraph 7#a71 the organization selected shall-- 7,a7 for each fiscal year1 receive amounts to carry out this section in an advance payment of the entire amount on the date of enactment of an appropriations ,act making appropriations to the ,administrator for a fiscal year1 or as soon as practicable thereafter2 and 7,b7 otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this title4 7e7 ,construction1 operation1 and maintenance ,the ,commissioner may construct1 operate1 and maintain any project carried out using funds made available to carry out this section4 #ajf4 ,annual budget plan ,the ,president1 as part of the annual budget submission of the ,president to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 shall submit estimated expenditures and proposed appropriations for projects under this title for the current year1 the budget year1 and #e outyears 7as those terms are defined in section #bej7;c7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c7771 including for projects included in the priority list under section #ajd7;c71 for each ,federal agency described in section #ajc7;c77#a74 #ajg4 ,reports ,not later than #ahj days after the date of enactment of this ,act1 and every #b years thereafter1 the ,administrator shall submit to ,congress a report on the implementation of this title1 including-- 7#a7 a description of-- 7,a7 each project that has received funding pursuant to this title2 and 7,b7 the status of all projects that have received funding pursuant to this title that are in progress on the date of submission of the report2 and 7#b7 an assessment of the effectiveness of the operation and maintenance of each project that has been carried out pursuant to this title4 ,,ii ,new ,river ,public ,health and ,water ,quality ,restoration #bja4 ,findings2 purpose 7a7 ,findings ,congress finds that-- 7#a7 the ,new ,river was born out of-- 7,a7 occasional flows of the ,colorado ,river into the ,salton ,sink2 and 7,b7 the erosion of the ,new ,river channel1 which formed the deep river canyon between #aije and #aijg2 7#b7 the ,new ,river-- 7,a7 starts in ,mexicali1 ,mexico2 7,b7 flows north into the ,united ,states through ,calexico2 7,c7 passes through the ,imperial ,valley2 and 7,d7 drains into the ,salton ,sea approximately #ff miles north of the international boundary2 7#c7 the sub-watershed of the ,new ,river covers approximately #gej square miles1 of which #fc percent is in ,mexico and #cg percent is in the ,united ,states2 7#d7 the ,new ,river has been widely recognized for significant water pollution problems1 primarily because of agricultural runoff1 raw sewage1 pesticides1 and discharges of wastes from domestic1 agricultural1 and industrial sources in ,mexico and the ,imperial ,valley2 7#e7 by the #aihjs1 the ,new ,river acquired the reputation of being #a of the most polluted rivers in the ,united ,states1 with many pollutants in the ,new ,river posing serious human health hazards to local populations1 particularly in ,calexico and ,mexicali2 7#f7 in #aiib1 ,minute #bhh of the ,international ,boundary and ,water ,commission-- 7,a7 established a sanitation strategy for the water quality problems of the ,new ,river at the international border2 and 7,b7 divided sanitation projects into #b immediate repair projects1 the ,mexicali ,i and ,mexicali ,,ii1 that-- 7i7 totaled approximately #ej1jjj1jjj2 and 7ii7 were funded by both the ,united ,states and ,mexico through the ,north ,american ,development ,bank2 7#g7 in #aiie1 the ,environmental ,protection ,agency provided funds to the ,california ,regional ,water ,quality ,control ,board to monitor and document the water quality at the international boundary on a monthly basis2 7#h7 in the late #aiijs-- 7,a7 the ,united ,states and ,mexico spent #ajj1jjj1jjj 7of which #de percent was paid by ,mexico and #ee percent was paid by the ,united ,states7 to build the ,las ,arenitas and ,zaragoza wastewater treatment plants2 and 7,b7 after the construction of those plants1 untreated water from the ,new ,river was passed through #d microbial treatment cells at the ,las ,arenitas wastewater treatment plant1 which was then chlorinated and fed into a reforestation project along the desiccated ,rio ,hardy1 which stretches to the ,sea of ,cortez2 7#i7 a #aj-year effort by community groups1 lawyers1 regulatory agencies1 and politicians addressed the problem of water quality in the ,new ,river at the source by-- 7,a7 federally funding a new sewage treatment plant in ,mexicali2 and 7,b7 developing a site plan for the portion of the ,new ,river in the ,united ,states2 7#aj7 in #bjji1 the ,state of ,california required the ,california-,mexico ,border ,relations ,council-- 7,a7 to create a water quality plan to study1 monitor1 remediate1 and enhance the water quality of the ,new ,river to protect human health2 and 7,b7 to develop a river parkway suitable for public use2 7#aa7 in #bjab1 the ,california-,mexico ,border ,relations ,council approved the strategic plan for the ,new ,river ,improvement ,project that was prepared by the ,new ,river ,improvement ,project ,technical ,advisory ,committee2 7#ab7 in #bjaf1 the ,new ,river ,improvement ,project ,technical ,advisory ,committee revised the recommended infrastructure of the ,new ,river ,improvement ,project1 and the ,state of ,california appropriated #a1djj1jjj to provide grants or contracts to carry out the necessary planning1 design1 environmental review1 and permitting work2 7#ac7 the revised ,new ,river ,improvement ,project includes the installation of a large trash screen1 a conveyance system1 aeration devices1 a new pump station1 and managed wetlands2 and 7#ad7 the existing and ongoing voluntary conservation efforts at the ,new ,river necessitate improved efficiency and cost effectiveness1 increased private sector investments1 and coordination of ,federal and non-,federal resources4 7b7 ,purposes ,the purposes of this title include-- 7#a7 coordinating water quality restoration and protection activities relating to the ,new ,river among ,mexican1 ,federal1 ,state1 local1 and regional entities and conservation partners2 and 7#b7 carrying out coordinated restoration and protection activities relating to the ,new ,river and providing technical assistance for those activities-- 7,a7 to sustain and enhance fish and wildlife habitat restoration and protection activities2 7,b7 to improve and maintain water quality to support fish and wildlife1 as well as the habitats of fish and wildlife2 7,c7 to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat2 7,d7 to improve opportunities for public access to1 and recreation in and along1 the ,new ,river consistent with the ecological needs of fish and wildlife habitat2 7,e7 to maximize the resilience of natural systems and habitats under changing watershed conditions2 7,f7 to engage the public through outreach1 education1 and citizen involvement to increase capacity and support for coordinated water quality restoration and protection activities relating to the ,new ,river2 7,g7 to increase scientific capacity to support the planning1 monitoring1 and research activities necessary to carry out coordinated water quality restoration and protection activities relating to the ,new ,river2 and 7,h7 to provide technical assistance to carry out water quality restoration and protection activities relating to the ,new ,river4 #bjb4 ,definitions ,in this title3 7#a7 ,program ,the term program means the ,california ,new ,river ,public ,health and ,water ,quality ,restoration ,program established under section #bjc7;a74 7#b7 ,water quality restoration and protection ,the term water quality restoration and protection1 with respect to the ,new ,river watershed1 means-- 7,a7 the enhancement of water quality and stormwater management2 and 7,b7 the use of natural and green infrastructure to enhance the ability of the watershed to capture pollutants and reduce runoff to prevent flooding4 #bjc4 ,california ,new ,river ,public ,health and ,water ,quality ,restoration ,program 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a program1 to be known as the ,california ,new ,river ,public ,health and ,water ,quality ,restoration ,program4 7b7 ,duties ,in carrying out the program1 the ,administrator shall-- 7#a7 carry out projects1 plans1 and initiatives for the ,new ,river that are supported by the ,california-,mexico ,border ,relations ,council1 and work in consultation with applicable management entities1 including representatives of the ,calexico ,new ,river ,committee1 the ,california-,mexico ,border ,relations ,council1 the ,new ,river ,improvement ,project ,technical ,advisory ,committee1 the ,federal ,government1 ,state and local governments1 and regional and nonprofit organizations1 to carry out water quality restoration and protection activities relating to the ,new ,river2 7#b7 carry out activities that-- 7,a7 develop1 using monitoring1 data collection1 and assessment1 a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph 7#a72 7,b7 support the implementation of a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph 7#a71 including water reuse projects1 water recycling projects1 and natural and green infrastructure projects2 7,c7 target cost-effective projects with measurable results2 and 7,d7 maximize public health and water quality conservation outcomes2 and 7#c7 provide grants1 agreements1 and technical assistance in accordance with section #bje4 7c7 ,coordination ,in establishing the program1 the ,administrator shall consult1 as appropriate1 with-- 7#a7 the heads of ,federal agencies1 including-- 7,a7 the ,secretary of the ,interior2 7,b7 the ,secretary of ,agriculture2 7,c7 the ,secretary of ,homeland ,security2 7,d7 the ,administrator of ,general ,services2 7,e7 the ,commissioner of ,u4,s4 ,customs and ,border ,protection2 7,f7 the ,commissioner2 7,g7 the ,secretary of the ,army1 acting through the ,chief of ,engineers2 7,h7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,i7 the ,director of the ,united ,states ,fish and ,wildlife ,service2 and 7,j7 the head of any other applicable agency1 as determined by the ,administrator2 7#b7 the ,governor of ,california2 7#c7 the ,california ,environmental ,protection ,agency2 7#d7 the ,california ,state ,water ,resources ,control ,board2 7#e7 the ,california ,department of ,water ,resources2 7#f7 the ,colorado ,river ,basin ,regional ,water ,quality ,control ,board2 7#g7 the ,imperial ,irrigation ,district2 7#h7 the ,salton ,sea ,authority2 7#i7 other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the ,new ,river in the ,united ,states and ,mexico1 as determined by the ,administrator2 and 7#aj7 representatives of the ,north ,american ,development ,bank4 7d7 ,cooperative agreements and memoranda of understanding 7#a7 ,in general ,to achieve the purposes of this title and to ensure effective coordination of ,federal and non-,federal water quality restoration and protection activities1 the ,administrator shall use amounts made available for the border water infrastructure program under section #cja and payments received pursuant to paragraph 7#d77;,a7 to enter into cooperative agreements and memoranda of understanding with1 and provide technical assistance to-- 7,a7 the heads of other ,federal agencies1 ,states1 ,state agencies1 units of local government1 regional governmental bodies1 and private entities2 and 7,b7 in cooperation with the ,secretary1 the ,government of ,mexico4 7#b7 ,use of agreements ,the ,administrator shall enter into the cooperative agreements and memoranda of understanding described in paragraph 7#a7-- 7,a7 to carry out the activities described in this section1 including studies1 plans1 construction1 and completion of projects to improve the water quality of1 environment of1 and public health around the ,new ,river2 and 7,b7 to carry out a pilot project under which the ,administrator shall1 for projects selected by the ,administrator that would otherwise not be successful in improving the water quality of1 environment of1 and public health of people residing in areas surrounding the ,new ,river-- 7i7 identify the parties responsible for the projects2 and 7ii7 provide funds to those parties for the operations and maintenance of the projects4 7#c7 ,term ,the cooperative agreements and memoranda of understanding described in paragraph 7#a7 shall be limited to a specified period of time1 as determined by the ,administrator4 7#d7 ,financial arrangements 7,a7 ,in general ,if the ,administrator enters into a cooperative agreement or memorandum of understanding described in paragraph 7#a71 the ,administrator may require the other party to the agreement or memorandum to provide payment to the ,administrator4 7,b7 ,deposit ,any amounts received as a payment under subparagraph 7,a7 shall be deposited into the ,state and ,tribal ,assistance ,grants account of the ,environmental ,protection ,agency and shall remain available1 without further appropriation1 to carry out the purposes of this title4 7#e7 ,personnel2 services2 technical assistance ,the ,administrator may provide or accept personnel1 services1 and technical assistance pursuant to a cooperative agreement or memorandum of understanding described in paragraph 7#a71 with or without reimbursement1 for the purposes of carrying out the agreement or memorandum4 #bjd4 ,water quality plan 7a7 ,development 7#a7 ,in general ,the ,administrator1 in consultation with the entities described in section #bjc7;c71 shall develop a plan for the purpose of improving and protecting the water quality of the ,new ,river watershed4 7#b7 ,requirements ,the plan under paragraph 7#a7 shall-- 7,a7 build on and incorporate any existing efforts and plans to improve and protect the water quality of the ,new ,river1 whether ongoing or completed2 and 7,b7 include-- 7i7 such features as are needed to improve and protect the quality of wastewater1 stormwater runoff1 and other untreated flows2 7ii7 criteria for selecting-- 7,i7 water quality restoration and protection projects2 and 7,,ii7 projects on the priority list under subsection 7c77#a72 7iii7 the amounts necessary for the operations and maintenance of infrastructure existing on and constructed after the date of enactment of this ,act2 and 7iv7 potential sources of funding to help pay the costs described in clause 7iii74 7#c7 ,operations and maintenance funding 7,a7 ,in general ,the ,administrator1 working with the entities described in section #bjc7;c71 shall assess and identify potential alternative sources and approaches for financing infrastructure projects1 including financing the operations and maintenance of those infrastructure projects4 7,b7 ,requirement ,in carrying out subparagraph 7,a71 the ,administrator shall assess the approaches identified in the report of the ,environmental ,financial ,advisory ,board entitled ,evaluating ,stormwater ,infrastructure ,funding and ,financing and dated ,march #bjbj4 7b7 ,issuance2 updates ,the ,administrator shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 issue the plan under subsection 7a77#a72 and 7#b7 every #e years after the date on which the plan is issued under paragraph 7#a71 update the plan4 7c7 ,priority list 7#a7 ,in general ,the plan under subsection 7a77#a7 shall include a priority list of potential or proposed water quality restoration and protection projects for the ,new ,river watershed that-- 7,a7 provides for the management of wastewater or stormwater or the removal of debris1 sediment1 chemicals1 bacteria1 and other contaminants from the water flowing north into the ,united ,states2 7,b7 estimates the costs and identifies the entities that will fund the construction1 operation1 and maintenance of each project on the priority list2 7,c7 is developed in coordination with the entities described in section #bjc7;c72 7,d7 assists agencies to coordinate funding2 and 7,e7 identifies projects-- 7i7 in the ,new ,river watershed2 and 7ii7 that address transboundary flows that affect coastal communities in and near the ,new ,river watershed4 7#b7 ,development ,in developing the priority list under paragraph 7#a71 the ,administrator shall-- 7,a7 use the best available science1 including any relevant findings and recommendations of a watershed assessment conducted by ,federal1 ,state1 and local agencies2 7,b7 carry out and fund science development1 monitoring1 or modeling as needed to inform project development and assessment2 and 7,c7 include1 in order of priority1 potential or proposed water quality or stormwater projects for the restoration and protection of the ,new ,river that-- 7i7 would help-- 7,i7 to achieve and maintain the water quality standards for-- 7aa7 public health2 7bb7 recreational opportunities2 7cc7 scenic resources2 and 7dd7 wildlife and habitat2 and 7,,ii7 to address water needs in the ,new ,river watershed1 including through water reuse and water recycling2 and 7ii7 would identify responsible agencies and funding sources through coordinated efforts by the entities described in section #bjc7;c74 #bje4 ,grants1 agreements1 and assistance 7a7 ,in general ,in order to carry out the purposes of the program as described in section #bja7;b71 the ,administrator may-- 7#a7 provide grants and technical assistance to the ,commissioner1 ,state and local governments1 nonprofit organizations1 and institutions of higher education1 in both the ,united ,states and ,mexico2 and 7#b7 enter into interagency agreements with other ,federal agencies4 7b7 ,criteria ,the ,administrator1 in consultation with the entities described in section #bjc7;c71 shall develop criteria for providing grants and technical assistance and entering into interagency agreements under subsection 7a7 to ensure that activities carried out under an interagency agreement or using those grants or technical assistance-- 7#a7 accomplish #a or more of the purposes identified in section #bja7;b72 and 7#b7 advance the implementation of priority projects identified under section #bjd7;c74 7c7 ,cost sharing ,the ,administrator may establish a ,federal share requirement for any project carried out using any assistance proved under this section on an individual project basis4 7d7 ,administration 7#a7 ,in general ,the ,administrator may enter into an agreement to manage the implementation of this section with the ,north ,american ,development ,bank or a similar organization that offers grant management services4 7#b7 ,funding ,if the ,administrator enters into an agreement under paragraph 7#a71 the organization selected shall-- 7,a7 for each fiscal year1 receive amounts to carry out this section in an advance payment of the entire amount on the date of enactment of an appropriations ,act making appropriations to the ,administrator for a fiscal year1 or as soon as practicable thereafter2 and 7,b7 otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this title4 7e7 ,construction1 operation1 and maintenance ,the ,commissioner may construct1 operate1 and maintain any project carried out using funds made available to carry out this section4 #bjf4 ,annual budget plan ,the ,president1 as part of the annual budget submission of the ,president to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 shall submit estimated expenditures and proposed appropriations for projects under this title for the current year1 budget year1 and #e outyears 7as those terms are defined in section #bej7;c7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ijj7;c7771 including for projects included in the priority list under section #bjd7;c71 for each ,federal agency described in section #bjc7;c77#a74 #bjg4 ,reports ,not later than #ahj days after the date of enactment of this ,act1 and every #b years thereafter1 the ,administrator shall submit to ,congress a report on the implementation of this title1 including-- 7#a7 a description of-- 7,a7 each project that has received funding pursuant to this title2 and 7,b7 the status of all projects that have received funding pursuant to this title that are in progress on the date of submission of the report2 and 7#b7 an assessment of the effectiveness of the operation and maintenance of each project that has been carried out pursuant to this title4 ,,iii ,border ,water ,infrastructure ,improvement #cja4 ,united ,states-,mexico border water infrastructure program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means the ,united ,states ,section of the ,international ,boundary and ,water ,commission1 a ,state1 a local government1 an ,indian ,tribe1 or a water or wastewater district with jurisdiction over any area in the ,united ,states or ,mexico that is located within #ajj kilometers of the ,united ,states-,mexico border4 7#b7 ,eligible project 7,a7 ,in general ,the term eligible project means a project for the construction of infrastructure for drinking water treatment or distribution1 wastewater management1 or stormwater management1 including natural and green infrastructure and infrastructure for water reuse and water recycling1 that-- 7i7 addresses an existing human health or ecological issue2 7ii7 has an effect in the ,united ,states2 7iii7 with respect to wastewater management infrastructure the water discharged from which will flow1 directly or indirectly1 into the ,united ,states1 is designed to meet1 to the maximum extent practicable1 all relevant water quality standards of the country in which the project is located1 including1 for projects located in the ,united ,states1 any applicable standards established under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq472 7iv7 is proposed by an eligible entity with legal authority-- 7,i7 to develop the project2 7,,ii7 to provide the proposed drinking water or wastewater services2 and 7,,iii7 to obtain necessary financing1 including operations and maintenance funding2 7v7 will comply with relevant ,state and local environmental and other laws 7including regulations71 including with respect to-- 7,i7 obtaining any necessary operating permits and licenses2 and 7,,ii7 complying with any other regulatory requirements related to land acquisition and rights-of-way2 and 7vi7 has the support of appropriate ,mexican ,federal and ,state agencies1 including the ,comision ,nacional de ,agua 7commonly known as ,,conagua or the ,mexican ,national ,water ,commission7 and any appropriate ,state or municipal water utility1 if the project is located in ,mexico4 7,b7 ,exclusions ,the term eligible project does not include a project-- 7i7 for new water supply2 7ii7 that threatens an ecosystem located in the ,united ,states1 or that is located in both the ,united ,states and ,mexico1 if the project causes a reduction in the flow of water2 or 7iii7 to provide drinking water1 wastewater1 or stormwater services to enable new development4 7#c7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment ,the ,administrator shall carry out a program to provide assistance to eligible entities for activities related to eligible projects1 including feasibility studies1 planning studies1 environmental assessments1 financial analyses1 community participation efforts1 and architectural1 engineering1 planning1 design1 construction1 and operations and maintenance activities4 7c7 ,consultation ,in carrying out the program1 the ,administrator shall consult with the ,north ,american ,development ,bank4 7d7 ,coordination ,in carrying out the program1 the ,administrator shall coordinate with ,federal1 ,state1 local1 and ,tribal entities in the border region1 including the ,department of ,homeland ,security1 the ,international ,boundary and ,water ,commission1 and relevant ,state agencies4 7e7 ,project selection 7#a7 ,in general ,in selecting projects for which to provide assistance under the program1 the ,administrator shall select projects in accordance with-- 7,a7 paragraph 7#b72 and 7,b7 any other criteria determined appropriate by the ,administrator4 7#b7 ,prioritization ,in carrying out paragraph 7#a71 the ,administrator shall prioritize projects that-- 7,a7 are identified in a plan developed pursuant to section #ajd or #bjd2 or 7,b7 7i7 are likely to have the greatest positive effects relating to the environment and public health2 7ii7 will result in benefits on the ,united ,states side of the ,united ,states-,mexico border2 7iii7 address the most urgent public health and environmental needs1 as determined by the heads of the ,regional offices for ,regions #f and #i of the ,environmental ,protection ,agency2 and 7iv7 maximize sustainable practices1 such as water reuse and water recycling1 natural and green infrastructure1 water efficiency1 and conservation4 7f7 ,terms and conditions ,the ,administrator may establish such terms and conditions on assistance provided under the program as the ,administrator determines appropriate4 7g7 ,cost share ,the ,administrator may establish a ,federal share requirement for any project carried out using any assistance proved under this section on an individual project basis4 7h7 ,regional allocations ,the amounts made available to carry out this section shall be made available in equal amounts for use by the ,regional offices for ,regions #f and #i of the ,environmental ,protection ,agency4 ,,iv ,miscellaneous #dja4 ,role of the ,commissioner and international agreements 7a7 ,wastewater and stormwater authority ,the ,commissioner may study1 design1 construct1 operate1 and maintain projects to manage1 improve1 and protect the quality of wastewater1 stormwater runoff1 and other untreated flows in the ,tijuana ,river watershed and the ,new ,river watershed4 7b7 ,tijuana and ,new ,river projects within the ,united ,states ,the ,secretary1 acting through the ,commissioner1 shall-- 7#a7 construct1 operate1 and maintain projects that-- 7,a7 are on a priority list developed under section #ajd7;c7 or #bjd7;c72 7,b7 are within the ,united ,states2 and 7,c7 improve the water quality of the ,tijuana ,river watershed or the ,new ,river watershed1 as applicable2 and 7#b7 use available funds1 including funds received under this ,act1 to construct1 operate1 and maintain the projects described in paragraph 7#a74 7c7 ,agreements with ,mexico ,the ,secretary1 acting through the ,commissioner1 may execute an agreement with the appropriate official or officials of the ,government of ,mexico for-- 7#a7 the joint study and design of stormwater control and water quality projects2 and 7#b7 on approval of the necessary plans and specifications of the projects described in paragraph 7#a71 the construction1 operation1 and maintenance of those projects by the ,united ,states and ,mexico1 in accordance with the treaty relating to the utilization of the waters of the ,colorado and ,tijuana ,rivers1 and of the ,rio ,grande 7,rio ,bravo7 from ,fort ,quitman1 ,texas1 to the ,gulf of ,mexico1 and supplementary protocol1 signed at ,washington ,february #c1 #aidd 7#ei ,stat4 #abai71 between the ,united ,states and ,mexico4 7d7 ,funding ,a project located wholly or partially within ,mexico shall be eligible for funding under the program established under section #cja7;b7 if the project is-- 7#a7 identified under and consistent with the results of the study under subsection 7c77#a72 and 7#b7 approved pursuant to subsection 7c77#b74 7e7 ,savings provision ,nothing in this section limits the authority of the ,international ,boundary and ,water ,commission under this ,act or any other provision of law4