AB 2248: Water quality: California-Mexico cross-border rivers.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-01
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.
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.
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 California Environmental Protection Agency State Water Resources Control Board for grants and direct expenditures to address water quality problems arising in the rivers that come across the border from Mexico. Of that amount, the bill would make $50,000,000 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 $50,000,000 available for purposes consistent with water quality projects for the Tijuana River. 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 to build collaboration with the federal government, 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, and or the Cities City of Tijuana and or Mexicali. The bill would require the State Water Resources Control Board and the California Environmental Protection Agency to consult and collaborate with the Legislature, as specified, 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.
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 California Environmental Protection Agency to address water quality problems arising in the rivers that come across the border from Mexico. Of that amount, the bill would make $50,000,000 available for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program. Program and $50,000,000 available for purposes consistent with water quality projects for the Tijuana River. The bill would require expenditures of the funding to be consistent with the work of the California Environmental Protection Agency Border Affairs Program to build collaboration with the federal government, the Republic of Mexico, the State of Baja California, and the Cities of Tijuana and Mexicali. The bill would require the State Water Resources Control Board and the California Environmental Protection Agency to consult and collaborate with the Legislature, as specified, on cross-border collaboration and the expenditure of the funding.
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 California Environmental Protection Agency to address water quality problems arising in the rivers that come across the border from Mexico. Of that amount, the bill would make $50,000,000 available for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program. The bill would require expenditures of the funding to be consistent with the work of the California Environmental Protection Agency Border Affairs Program to build collaboration with the federal government, the Republic of Mexico, the State of Baja California, and the Cities of Tijuana and Mexicali. The bill would require the State Water Resources Control Board and the California Environmental Protection Agency to consult and collaborate with the Legislature, as specified, on cross-border collaboration and the expenditure of the funding.
Existing law establishes the Salton Sea Restoration Fund and requires the fund to be administered by the Director of Fish and Wildlife. Existing law requires the money deposited in the fund to be expended, upon appropriation by the Legislature, for various purposes relating to the restoration of the Salton Sea. Existing law prohibits the moneys in the fund from being expended for mitigation except mitigation undertaken by the State of California.This bill would make a nonsubstantive change to the latter provision.Existing law establishes the Salton Sea Restoration Fund and requires the fund to be administered by the Director of Fish and Wildlife. Existing law requires the money deposited in the fund to be expended, upon appropriation by the Legislature, for various purposes relating to the restoration of the Salton Sea. Existing law prohibits the moneys in the fund from being expended for mitigation except mitigation undertaken by the State of California.
This bill would make a nonsubstantive change to the latter provision.
(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 projects 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.
(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 projects 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.
(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 California Environmental Protection Agency State Water Resources Control Board for grants and direct expenditures to address water quality problems arising in the rivers that come across the border from Mexico. California-Mexico cross-border rivers.
(2)Of the funding available pursuant to paragraph (1), fifty million dollars ($50,000,000) 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.(3)Of the funding available pursuant to paragraph (1), fifty million dollars ($50,000,000) shall be available for purposes consistent with water quality projects for the Tijuana River.(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 to build collaboration with the federal government, the Republic of Mexico, the State of Baja California, and the Cities of Tijuana and Mexicali. Priority for this funding shall be given to projects that have funding committed by one of those other governments.(c)The State Water Resources Control Board and the California Environmental Protection Agency shall consult and collaborate with the Legislature, including the protocol office of each houses leadership office, on cross-border collaboration and the expenditure of the funding available pursuant to subdivision (a).(d)The funding available pursuant to subdivision (a) may be expended for actions in the State of Baja California if the actions provide water quality benefits to the portions of the rivers located in California.(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 projects 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.
(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 California Environmental Protection Agency to address water quality problems arising in the rivers that come across the border from Mexico.
(2)Of the funding available pursuant to paragraph (1), fifty million dollars ($50,000,000) 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.
(3)Of the funding available pursuant to paragraph (1), fifty million dollars ($50,000,000) shall be available for purposes consistent with water quality projects for the Tijuana River.
(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 to build collaboration with the federal government, the Republic of Mexico, the State of Baja California, and the Cities of Tijuana and Mexicali. Priority for this funding shall be given to projects that have funding committed by one of those other governments.
(c)The State Water Resources Control Board and the California Environmental Protection Agency shall consult and collaborate with the Legislature, including the protocol office of each houses leadership office, on cross-border collaboration and the expenditure of the funding available pursuant to subdivision (a).
(d)The funding available pursuant to subdivision (a) may be expended for actions in the State of Baja California if the actions provide water quality benefits to the portions of the rivers located in California.
(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 California Environmental Protection Agency to address water quality problems arising in the rivers that come across the border from Mexico.
(2)Of the funding available pursuant to paragraph (1), fifty million dollars ($50,000,000) 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.
(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 to build collaboration with the federal government, the Republic of Mexico, the State of Baja California, and the Cities of Tijuana and Mexicali. Priority for this funding shall be given to projects that have funding committed by one of those other governments.
(c)The State Water Resources Control Board and the California Environmental Protection Agency shall consult and collaborate with the Legislature, including the protocol office of each houses leadership office, on cross-border collaboration and the expenditure of the funding available pursuant to subdivision (a).
(d)The funding available pursuant to subdivision (a) may be expended for actions in the State of Baja California if the actions provide water quality benefits to the portions of the rivers located in California.
SECTION 1.Section 2932.5 of the Fish and Game Code is amended to read:2932.5.Moneys deposited in the Salton Sea Restoration Fund created pursuant to Section 2932 shall not be expended for mitigation except for mitigation undertaken by the State of California.Moneys deposited in the fund Salton Sea Restoration Fund created pursuant to Section 2932 shall not be expended for mitigation except for mitigation undertaken by the State of California.
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Date
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Status
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|---|---|
| Sep 18, 2022 | Vetoed by Governor. |
| Sep 12, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 30, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5232.). |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | Read second time and amended. Ordered returned to second reading. |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 30, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29). |
| Jun 1, 2022 | Referred to Com. on E.Q. |
| May 24, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 23, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4847.) |
| May 19, 2022 | From committee: Do pass. (Ayes 16. Noes 0.) (May 19). |
| May 11, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 26, 2022 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (April 26). Re-referred to Com. on APPR. |
| Apr 6, 2022 | From committee: Do pass and re-refer to Com. on W.,P., & W. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 5). Re-referred to Com. on W.,P., & W. |
| Mar 28, 2022 | Re-referred to Com. on E.S. & T.M. |
| Mar 24, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Mar 21, 2022 | Re-referred to Com. on E.S. & T.M. |
| Mar 17, 2022 | Referred to Coms. on E.S. & T.M. and W.,P., & W. |
| Feb 17, 2022 | From printer. May be heard in committee March 19. |
| Feb 16, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 30, 2022 | AB 2248 Eduardo Garcia Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Aug 30, 2022 | Assembly 3rd Reading AB2248 Eduardo Garcia et al By Hueso | Senate Floor |
Passed |
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| May 23, 2022 | AB 2248 Eduardo Garcia Assembly Third Reading | Assembly Floor |
Passed |
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Bill Author
Bill Co-Author(s):