Border Water Quality Restoration and Protection Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7991 To provide for the water quality restoration of the Tijuana River and the New River, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 7, 2020 Mr. VARGAS (for himself, Mrs. DAVIS of California, Mr. PETERS, Mr. LEVIN of California, and Mr. RUIZ) introduced the following bill; which was re- ferred to the Committee on Transportation and Infrastructure, and in ad- dition to the Committees on Energy and Commerce, Natural Resources, Foreign Affairs, and the Budget, for a period to be subsequently deter- mined by the Speaker, 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 River, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Border Water Quality Restoration and Protection Act of 5 2020’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this Act is as follows: 8 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7991 IH Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—TIJUANA RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION Sec. 101. Findings; purpose. Sec. 102. Definitions. Sec. 103. Tijuana River Public Health and Water Quality Restoration Pro- gram. Sec. 104. Water quality plan. Sec. 105. Grants, agreements, and assistance. Sec. 106. Annual budget plan. Sec. 107. Reports. TITLE II—NEW RIVER PUBLIC HEALTH AND WATER QUALITY RESTORATION Sec. 201. Findings; purpose. Sec. 202. Definitions. Sec. 203. California New River Public Health and Water Quality Restoration Program. Sec. 204. Water quality plan. Sec. 205. Grants, agreements, and assistance. Sec. 206. Annual budget plan. Sec. 207. Reports. TITLE III—BORDER WATER INFRASTRUCTURE IMPROVEMENT Sec. 301. United States-Mexico border water infrastructure program. TITLE IV—MISCELLANEOUS Sec. 401. Role of the Commissioner and international agreements. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the Environ- 4 mental Protection Agency. 5 (2) COMMISSIONER.—The term ‘‘Commis- 6 sioner’’ means the Commissioner of the United 7 States Section of the International Boundary and 8 Water Commission. 9 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7991 IH (3) MEXICAN.—The term ‘‘Mexican’’ means, as 1 applicable, the Federal, State, and local governments 2 of Mexico. 3 (4) NEW RIVER.—The term ‘‘New River’’ 4 means the river that starts in Mexicali, Mexico, 5 flows north into the United States through Calexico, 6 passes through the Imperial Valley, and drains into 7 the Salton Sea. 8 (5) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of State. 10 (6) TIJUANA RIVER.—The term ‘‘Tijuana 11 River’’ means the river that rises in the Sierra de 12 Juarez in Mexico, flows through the City of Tijuana 13 and then north into the United States, passes 14 through the Tijuana River estuary, and drains into 15 the Pacific Ocean. 16 (7) WATER REUSE.—The term ‘‘water reuse’’ 17 has the meaning given the term in the document of 18 the Environmental Protection Agency entitled ‘‘Na- 19 tional Water Reuse Action Plan Collaborative Imple- 20 mentation (Version 1)’’ and dated February 2020. 21 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7991 IH TITLE I—TIJUANA RIVER PUB- 1 LIC HEALTH AND WATER 2 QUALITY RESTORATION 3 SEC. 101. FINDINGS; PURPOSE. 4 (a) FINDINGS.—Congress finds that— 5 (1) the Tijuana River flows across the United 6 States-Mexico border, through the southern United 7 States, and into the Pacific Ocean; 8 (2) 3⁄4 of the 1,750 square mile watershed of 9 the Tijuana River lies in Mexico, and the remaining 10 1⁄4 includes the Tijuana River National Estuarine 11 Research Reserve in the United States; 12 (3) the Tijuana River National Estuarine Re- 13 search Reserve is a partnership of Federal and State 14 agencies, including the National Oceanic and Atmos- 15 pheric Administration, California State Parks, and 16 the United States Fish and Wildlife Service; 17 (4) the Tijuana River is a significant estuary 18 and watershed, providing— 19 (A) economic and health benefits to the 20 citizens of the United States and Mexico; and 21 (B) environmental benefits as critical habi- 22 tat to shore birds; 23 (5) the economy of communities in southern 24 California, including smaller communities, such as 25 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7991 IH the City of Imperial Beach, and larger municipali- 1 ties, such as the City of San Diego, may be signifi- 2 cantly affected if the natural beauty and recreational 3 opportunities of the Tijuana River are degraded; 4 (6) the Tijuana River watershed is in the midst 5 of an environmental crisis, as stormwater flows from 6 the upper watershed, originating in Tijuana, Mexico, 7 carrying pollutants such as bacteria, trash, and sedi- 8 ment that severely affect water quality; 9 (7) coastal communities in and near the Ti- 10 juana River watershed are also affected, during cer- 11 tain tidal events, by a combination of treated waste- 12 water and chlorinated-only wastewater discharged 13 from the San Antonio de los Buenos wastewater 14 treatment plant located 5 miles south of the United 15 States-Mexico border in Tijuana; 16 (8) as reported by the Government Account- 17 ability Office in February 2020, transboundary flows 18 of untreated sewage, combined with unmanaged 19 stormwater, bring bacteria and other contaminants 20 into the Tijuana River Valley watershed and beaches 21 in the United States; 22 (9) sediment flows into the Tijuana River Na- 23 tional Wildlife Refuge and blocks the flow of ocean 24 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7991 IH water and creating an imbalance in water salinity, 1 necessary for marsh plants, fish, and birds; 2 (10) the City of Imperial Beach has closed 3 beach access 1⁄3 of each year for several years before 4 the date of enactment of this Act due to risk to 5 human health; 6 (11) flows of untreated sewage, chemicals, and 7 pollution from Mexico jeopardize the health of Bor- 8 der Patrol agents and limiting the ability of those 9 agents to operate in areas affected by these flows; 10 (12) in the 2 years before the date of enact- 11 ment of this Act, local Border Patrol union officials 12 have reported that over 100 officers have suffered 13 from contamination, rashes, infections, chemical 14 burns, and lung irritation due to toxic cross-border 15 flows; 16 (13) a March 2020 report of the Environmental 17 Financial Advisory Board of the Environmental Pro- 18 tection Agency— 19 (A) found that— 20 (i) ‘‘stormwater knows no jurisdic- 21 tional boundaries . . . and is a principal 22 cause of water quality issues nationwide’’; 23 and 24 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7991 IH (ii) adequate funding to manage 1 stormwater pollution lags behind the in- 2 vestments made in wastewater manage- 3 ment and the delivery of safe drinking 4 water by decades; and 5 (B) concluded that Federal investment will 6 be required to address— 7 (i) the lack of State and local funding; 8 and 9 (ii) multi-jurisdictional stormwater 10 management needs; 11 (14) during the 10-year period before the date 12 of enactment of this Act, Federal, State, and local 13 governments and others have identified the benefits 14 of using natural and green infrastructure to control 15 and manage stormwater runoff, including wetlands, 16 coastal dunes, and retention structures; 17 (15) during the 20-year period before the date 18 of enactment of this Act, the United States and 19 Mexico, through the International Boundary and 20 Water Commission, have agreed to resolve the pollu- 21 tion problems in the Tijuana River; 22 (16) the International Boundary and Water 23 Commission has negotiated 8 minutes to resolve 24 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7991 IH water quality problems in the Tijuana River, among 1 other subjects; 2 (17) 1 of the most recent minutes authorized 3 the construction of the South Bay International 4 Wastewater Treatment Plant in San Ysidro to treat, 5 on average, 25,000,000 gallons of sewage from Ti- 6 juana per day, which has reduced the sewage coming 7 into the United States; 8 (18) the sewer system of Tijuana is— 9 (A) aging and deteriorating; and 10 (B) insufficient to meet the needs of a 11 quickly growing population; 12 (19) in February 2017, 1 of the main sewer col- 13 lectors of Tijuana broke, sending an estimated 14 143,000,000 gallons of raw sewage into the United 15 States, which was not the only time such a break oc- 16 curred; 17 (20) from February to July of 2019, an esti- 18 mated 4,500,000,000 gallons of wastewater, treated 19 water, and stormwater flowed from Mexico to the 20 United States; 21 (21) in June and July 2019, there were 3 sewer 22 collector breaks, resulting in a total discharge of raw 23 sewage of almost 2,000,000 gallons; 24 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 7991 IH (22) a 2019 study entitled ‘‘Tijuana River Di- 1 version Study: Flow Estimates, Infrastructure Diag- 2 nostic, and Alternatives Development’’ estimated 3 that from 2009 through 2016, transboundary flows 4 occurred on average 138 days each year; 5 (23) those transboundary flows contain treated 6 wastewater, raw sewage, and urban runoff, with 7 most of those flows associated with wet weather and 8 stormwater; 9 (24) the study described in paragraph (22)— 10 (A) found that improving the operational 11 reliability of the existing diversion system of the 12 South Bay could reduce the number of days 13 that transboundary flows occurred; but 14 (B) estimated that there would still be on 15 average 90 days of transboundary flows each 16 year; 17 (25) the Federal Water Pollution Control Act 18 (33 U.S.C. 1251 et seq.) has established a 19 stormwater permit program under the National Pol- 20 lutant Discharge Elimination System, under which 21 municipalities have the responsibility to manage and 22 treat stormwater; 23 (26) because of the international border and 24 different treatment systems and standards, dis- 25 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 7991 IH charges in Mexico to the Tijuana River are not 1 treated to the same standards as the standards to 2 which discharges would be treated in the United 3 States; 4 (27) the International Boundary and Water 5 Commission negotiated Minute 320 to find solutions 6 for water quality, trash, and sediment in the Tijuana 7 River; 8 (28) the United States has— 9 (A) invested at least $250,000,000 for sec- 10 ondary wastewater treatment in the Tijuana 11 River Valley by the International Boundary and 12 Water Commission; and 13 (B) paid $18,000,000 to operate and 14 maintain the plant in fiscal year 2018; 15 (29) the United States has also helped fund 16 water and wastewater infrastructure along the bor- 17 der through the Border Water Infrastructure Pro- 18 gram and the North American Development Bank; 19 (30) however, as the Government Accountability 20 Office found in the report described in paragraph 21 (8), the long-standing environmental and health 22 problems associated with transboundary stormwater 23 flows continue, while the International Boundary 24 and Water Commission has not taken actions to re- 25 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 7991 IH solve existing problems by proposing and analyzing 1 alternatives, analyzing costs, identifying solutions, or 2 establishing time frames; and 3 (31) significant additional investment from 4 Federal, State, local, and Mexican resources is need- 5 ed to improve the water quality of the Tijuana River 6 watershed. 7 (b) PURPOSES.—The purposes of this title are— 8 (1) to establish a program to plan and imple- 9 ment water quality restoration and protection activi- 10 ties; 11 (2) to ensure the coordination of restoration 12 and protection activities among Mexican, Federal, 13 State, local, and regional entities and conservation 14 partners relating to water quality and stormwater 15 management in the Mexican Tijuana River water- 16 shed and the American Tijuana River watershed; 17 and 18 (3) to provide funding for water quality restora- 19 tion and protection activities in the Mexican Tijuana 20 River watershed and the American Tijuana River 21 watershed. 22 SEC. 102. DEFINITIONS. 23 In this title: 24 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7991.IH H7991 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 7991 IH (1) AMERICAN TIJUANA RIVER WATERSHED.— 1 The term ‘‘American Tijuana River watershed’’ 2 means the portion of the Tijuana River watershed 3 that lies in the United States. 4 (2) MEXICAN TIJUANA RIVER WATERSHED.— 5 The term ‘‘Mexican Tijuana River watershed’’ 6 means the portion of the Tijuana River watershed 7 that lies in Mexico. 8 (3) PROGRAM.—The term ‘‘program’’ means 9 the Tijuana River Public Health and Water Quality 10 Restoration Program established under section 11 103(a). 12 (4) WATER QUALITY RESTORATION AND PRO- 13 TECTION.—The term ‘‘water quality restoration and 14 protection’’, with respect to the Tijuana River water- 15 shed, means— 16 (A) the enhancement of water quality and 17 stormwater management; and 18 (B) the use of natural and green infra- 19 structure to enhance the ability of the water- 20 shed to capture pollutants and reduce runoff to 21 prevent flooding. 22 VerDate Sep 11 2014 23:56 Aug 28, 2020 Jkt [Text truncated for display. Full text available on Congress.gov.]