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Title I — Tijuana River Public Health and Water Quality Restoration

H.R. 1663 · 117th Congress · Mar 8, 2021 · Lineage

I Tijuana River Public Health and Water Quality Restoration

101. Findings; purpose

(a)
Findings— Congress finds that—
(1)
the Tijuana River flows across the United States-Mexico border, through the southern United States, and into the Pacific Ocean;
(2)
3/4 of the 1,750 square mile watershed of the Tijuana River lies in Mexico, and the remaining 1/4 includes the Tijuana River National Estuarine Research Reserve in the United States;
(3)
the Tijuana River National Estuarine Research Reserve is a partnership of Federal and State agencies, including the National Oceanic and Atmospheric Administration, California State Parks, and the United States Fish and Wildlife Service;
(4)
the Tijuana River is a significant estuary and watershed, providing—
(A)
economic and health benefits to the citizens of the United States and Mexico; and
(B)
environmental benefits as critical habitat to shore birds;
(5)
the economy of communities in southern California, including smaller communities, such as the City of Imperial Beach, and larger municipalities, such as the City of San Diego, may be significantly affected if the natural beauty and recreational opportunities of the Tijuana River are degraded;
(6)
the Tijuana River watershed is in the midst of an environmental crisis, as stormwater flows from the upper watershed, originating in Tijuana, Mexico, carrying pollutants such as bacteria, trash, and sediment that severely affect water quality;
(7)
coastal communities in and near the Tijuana River watershed are also affected, during certain tidal events, by a combination of treated wastewater and chlorinated-only wastewater discharged from the San Antonio de los Buenos wastewater treatment plant located 5 miles south of the United States-Mexico border in Tijuana;
(8)
as reported by the Government Accountability Office in February 2020, transboundary flows of untreated sewage, combined with unmanaged stormwater, bring bacteria and other contaminants into the Tijuana River Valley watershed and beaches in the United States;
(9)
sediment flows into the Tijuana River National Wildlife Refuge and blocks the flow of ocean water and creating an imbalance in water salinity, necessary for marsh plants, fish, and birds;
(10)
the City of Imperial Beach has closed beach access 1/3 of each year for several years before the date of enactment of this Act due to risk to human health;
(11)
flows of untreated sewage, chemicals, 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 flows;
(12)
in the 2 years before the date of enactment of this Act, local Border Patrol union officials have reported that over 100 officers have suffered from contamination, rashes, infections, chemical burns, and lung irritation due to toxic cross-border flows;
(13)
a March 2020 report of the Environmental Financial Advisory Board of the Environmental Protection Agency—
(A)
found that—
(i)
“stormwater knows no jurisdictional boundaries … and is a principal cause of water quality issues nationwide”; and
(ii)
adequate funding to manage stormwater pollution lags behind the investments made in wastewater management and the delivery of safe drinking water by decades; and
(B)
concluded that Federal investment will be required to address—
(i)
the lack of State and local funding; and
(ii)
multi-jurisdictional stormwater management needs;
(14)
during the 10-year period before the date of enactment of this Act, Federal, State, and local governments and others have identified the benefits of using natural and green infrastructure to control and manage stormwater runoff, including wetlands, coastal dunes, and retention structures;
(15)
during the 20-year period before the date of enactment of this Act, the United States and Mexico, through the International Boundary and Water Commission, have agreed to resolve the pollution problems in the Tijuana River;
(16)
the International Boundary and Water Commission has negotiated 8 minutes to resolve water quality problems in the Tijuana River, among other subjects;
(17)
1 of the most recent minutes authorized the construction of the South Bay International Wastewater Treatment Plant in San Ysidro to treat, on average, 25,000,000 gallons of sewage from Tijuana per day, which has reduced the sewage coming into the United States;
(18)
the sewer system of Tijuana is—
(A)
aging and deteriorating; and
(B)
insufficient to meet the needs of a quickly growing population;
(19)
in February 2017, 1 of the main sewer collectors of Tijuana broke, sending an estimated 143,000,000 gallons of raw sewage into the United States, which was not the only time such a break occurred;
(20)
from February to July of 2019, an estimated 4,500,000,000 gallons of wastewater, treated water, and stormwater flowed from Mexico to the United States;
(21)
in June and July 2019, there were 3 sewer collector breaks, resulting in a total discharge of raw sewage of almost 2,000,000 gallons;
(22)
a 2019 study entitled “Tijuana River Diversion Study: Flow Estimates, Infrastructure Diagnostic, and Alternatives Development” estimated that from 2009 through 2016, transboundary flows occurred on average 138 days each year;
(23)
those transboundary flows contain treated wastewater, raw sewage, and urban runoff, with most of those flows associated with wet weather and stormwater;
(24)
the study described in paragraph (22)—
(A)
found that improving the operational reliability of the existing diversion system of the South Bay could reduce the number of days that transboundary flows occurred; but
(B)
estimated that there would still be on average 90 days of transboundary flows each year;
(25)
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) has established a stormwater permit program under the National Pollutant Discharge Elimination System, under which municipalities have the responsibility to manage and treat stormwater;
(26)
because of the international border and different treatment systems and standards, 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 States;
(27)
the International Boundary and Water Commission negotiated Minute 320 to find solutions for water quality, trash, and sediment in the Tijuana River;
(28)
the United States has—
(A)
invested at least $250,000,000 for secondary wastewater treatment in the Tijuana River Valley by the International Boundary and Water Commission; and
(B)
paid $18,000,000 to operate and maintain the plant in fiscal year 2018;
(29)
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 Bank;
(30)
however, as the Government Accountability Office found in the report described in paragraph (8), the long-standing environmental and health problems associated with transboundary stormwater flows continue, while the International Boundary and Water Commission has not taken actions to resolve existing problems by proposing and analyzing alternatives, analyzing costs, identifying solutions, or establishing time frames; and
(31)
significant additional investment from Federal, State, local, and Mexican resources is needed to improve the water quality of the Tijuana River watershed.
(b)
Purposes— The purposes of this title are—
(1)
to establish a program to plan and implement water quality restoration and protection activities;
(2)
to ensure the coordination of restoration and protection activities among Mexican, Federal, State, local, and regional entities and conservation partners relating to water quality and stormwater management in the Mexican Tijuana River watershed and the American Tijuana River watershed; and
(3)
to provide funding for water quality restoration and protection activities in the Mexican Tijuana River watershed and the American Tijuana River watershed.

102. Definitions

In this title:
(1)
American Tijuana River watershed— The term American Tijuana River watershed means the portion of the Tijuana River watershed that lies in the United States.
(2)
Mexican Tijuana River watershed— The term Mexican Tijuana River watershed means the portion of the Tijuana River watershed that lies in Mexico.
(3)
Program— The term program means the Tijuana River Public Health and Water Quality Restoration Program established under section 103(a).
(4)
Water quality restoration and protection— The term water quality restoration and protection, with respect to the Tijuana River watershed, means—
(A)
the enhancement of water quality and stormwater management; and
(B)
the use of natural and green infrastructure to enhance the ability of the watershed to capture pollutants and reduce runoff to prevent flooding.

103. Tijuana River Public Health and Water Quality Restoration Program

(a)
Establishment— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program, to be known as the “Tijuana River Public Health and Water Quality Restoration Program”.
(b)
Duties— In carrying out the program, the Administrator shall—
(1)
carry out projects, plans, and initiatives for the Tijuana River and work in consultation with applicable management entities, including representatives of the Federal Government, State and local governments, and regional and nonprofit organizations, to carry out public health and water quality restoration and protection activities relating to the Tijuana River;
(2)
carry out activities that—
(A)
develop, using monitoring, data collection, and assessment, a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph (1);
(B)
support the implementation of a shared set of science-based water quality restoration and protection activities identified in accordance with paragraph (1), including water reuse projects, water recycling projects, and natural and green infrastructure projects;
(C)
target cost-effective projects with measurable results; and
(D)
maximize public health and water quality conservation outcomes;
(3)
coordinate the development of consistent Federal policies, strategies, projects, and priorities for addressing the public health and water quality restoration and protection of the Tijuana River;
(4)
coordinate a funding strategy among available funding sources in the region; and
(5)
provide grants, agreements, and technical assistance in accordance with section 105.
(c)
Coordination— In establishing the program, the Administrator shall consult, as appropriate, with—
(1)
the heads of Federal agencies, including—
(A)
the Secretary;
(B)
the Commissioner;
(C)
the Secretary of Agriculture;
(D)
the Secretary of Homeland Security;
(E)
the Administrator of General Services;
(F)
the Commissioner of U.S. Customs and Border Protection;
(G)
the Secretary of the Interior;
(H)
the Secretary of the Army, acting through the Chief of Engineers;
(I)
the Administrator of the National Oceanic and Atmospheric Administration;
(J)
the Director of the United States Fish and Wildlife Service; and
(K)
the head of any other applicable agency, as determined by the Administrator;
(2)
the heads of State agencies, including—
(A)
the Governor of California;
(B)
the California Environmental Protection Agency;
(C)
the California State Water Resources Control Board;
(D)
the California Department of Water Resources; and
(E)
the San Diego Regional Water Quality Control Board;
(3)
2 representatives of affected units of local government in the State, chosen on a rotating 3-year cycle by the Governor of California, including representatives from the City of Imperial Beach, the City of San Diego, the City of Chula Vista, the City of Coronado, the Port of San Diego, and the County of San Diego;
(4)
2 representatives of relevant nonprofit groups, chosen on a rotating 3-year cycle by the Governor of California;
(5)
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 Mexico, as determined by the Administrator; and
(6)
representatives of the North American Development Bank.
(d)
Cooperative agreements and memoranda of understanding—
(1)
In general— To achieve the purposes of this title and to ensure effective coordination of Federal and non-Federal water quality restoration and protection activities, the Administrator shall use amounts made available for the border water infrastructure program under section 301 and payments received pursuant to paragraph (4)(A) to enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to—
(A)
the heads of other Federal agencies, States, State agencies, units of local government, regional governmental bodies, and private entities; and
(B)
in cooperation with the Secretary, the Government of Mexico.
(2)
Use of agreements— The Administrator shall enter into the cooperative agreements and memoranda of understanding described in paragraph (1)—
(A)
to carry out the activities described in this section, including studies, plans, construction, and completion of projects to improve the water quality of, environment of, and public health around the Tijuana River; and
(B)
to carry out a pilot project under which the Administrator shall, for projects selected by the Administrator that would otherwise not be successful in improving the water quality of, environment of, and public health of people residing in areas surrounding the Tijuana River—
(i)
identify the parties responsible for the projects; and
(ii)
provide funds to those parties for the operations and maintenance of the projects.
(3)
Term— The cooperative agreements and memoranda of understanding described in paragraph (1) shall be limited to a specified period of time, as determined by the Administrator.
(4)
Financial arrangements—
(A)
In general— If the Administrator enters into a cooperative agreement or memorandum of understanding described in paragraph (1), the Administrator may require the other party to the agreement or memorandum to provide payment to the Administrator.
(B)
Deposit— Any amounts received as a payment under subparagraph (A) shall be deposited into the State and Tribal Assistance Grants account of the Environmental Protection Agency and shall remain available, without further appropriation, to carry out the purposes of this title.
(5)
Personnel; services; technical assistance— The Administrator may provide or accept personnel, services, and technical assistance pursuant to a cooperative agreement or memorandum of understanding described in paragraph (1), with or without reimbursement, for the purposes of carrying out the agreement or memorandum.

104. Water quality plan

(a)
Development—
(1)
In general— The Administrator, in consultation with the entities described in section 103(c), shall develop a plan for the purpose of improving and protecting the water quality of the Tijuana River watershed.
(2)
Requirements— The plan under paragraph (1) shall—
(A)
build on and incorporate any existing efforts and plans to improve and protect the water quality of the Tijuana River watershed, including ongoing and completed efforts and plans; and
(B)
include—
(i)
such features as are needed to improve and protect the quality of wastewater, stormwater runoff, and other untreated flows;
(ii)
criteria for selecting—
(I)
water quality restoration and protection projects; and
(II)
projects on the priority list under subsection (c)(1);
(iii)
the amounts necessary for the operations and maintenance of infrastructure existing on and constructed after the date of enactment of this Act; and
(iv)
potential sources of funding to help pay the costs described in clause (iii).
(3)
Operations and maintenance funding—
(A)
In general— The Administrator, working with the entities described in section 103(c), shall assess and identify potential alternative sources and approaches for financing infrastructure projects, including financing the operations and maintenance of those infrastructure projects.
(B)
Requirement— In carrying out subparagraph (A), 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 2020.
(b)
Issuance; updates— The Administrator shall—
(1)
not later than 1 year after the date of enactment of this Act, issue the plan under subsection (a)(1); and
(2)
every 5 years after the date on which the plan is issued under paragraph (1), update the plan.
(c)
Priority list—
(1)
In general— The plan under subsection (a)(1) shall include a priority list of potential or proposed water quality restoration and protection projects for the Tijuana River watershed that—
(A)
provides for the management of wastewater or stormwater or the removal of debris, sediment, chemicals, bacteria, and other contaminants from the water flowing north into the United States;
(B)
estimates the costs and identifies the entities that will fund the construction, operation, and maintenance of each project on the priority list;
(C)
is developed in coordination with the entities described in section 103(c);
(D)
assists agencies to coordinate funding; and
(E)
identifies projects—
(i)
in the Mexican Tijuana River watershed;
(ii)
in the American Tijuana River watershed; and
(iii)
that address transboundary flows that affect coastal communities in and near the Tijuana River watershed.
(2)
Development— In developing the priority list under paragraph (1), the Administrator shall—
(A)
use the best available science, including any relevant findings and recommendations of a watershed assessment conducted by Federal, State, and local agencies;
(B)
carry out and fund science development, monitoring, or modeling as needed to inform project development and assessment; and
(C)
include, in order of priority, potential or proposed water quality or stormwater projects for the restoration and protection of the Tijuana River that—
(i)
would help—
(I)
to achieve and maintain the water quality standards for—
(aa)
public health;
(bb)
recreational opportunities;
(cc)
scenic resources; and
(dd)
wildlife and habitat; and
(II)
to address water needs in the Tijuana River watershed, including through water reuse and water recycling; and
(ii)
would identify responsible agencies and funding sources through coordinated efforts by the entities described in section 103(c).

105. Grants, agreements, and assistance

(a)
In general— In order to carry out the purposes of the program as described in section 101(b), the Administrator may—
(1)
provide grants and technical assistance to the Commissioner, State and local governments, nonprofit organizations, and institutions of higher education, in both the United States and Mexico; and
(2)
enter into interagency agreements with other Federal agencies.
(b)
Criteria— The Administrator, in consultation with the entities described in section 103(c), shall develop criteria for providing grants and technical assistance and entering into interagency agreements under subsection (a) to ensure that activities carried out under an interagency agreement or using those grants or technical assistance—
(1)
accomplish 1 or more of the purposes identified in section 101(b); and
(2)
advance the implementation of priority projects identified under section 104(c).
(c)
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 basis.
(d)
Administration—
(1)
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 services.
(2)
Funding— If the Administrator enters into an agreement under paragraph (1), the organization selected shall—
(A)
for each fiscal year, 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 year, or as soon as practicable thereafter; and
(B)
otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this title.
(e)
Construction, operation, and maintenance— The Commissioner may construct, operate, and maintain any project carried out using funds made available to carry out this section.

106. Annual budget plan

The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit estimated expenditures and proposed appropriations for projects under this title for the current year, the budget year, and 5 outyears (as those terms are defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c))), including for projects included in the priority list under section 104(c), for each Federal agency described in section 103(c)(1).

107. Reports

Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall submit to Congress a report on the implementation of this title, including—
(1)
a description of—
(A)
each project that has received funding pursuant to this title; and
(B)
the status of all projects that have received funding pursuant to this title that are in progress on the date of submission of the report; and
(2)
an assessment of the effectiveness of the operation and maintenance of each project that has been carried out pursuant to this title.