This measure would request that the federal Centers for Disease Control and Prevention conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River.

This measure would request that the federal Centers for Disease Control and Prevention conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River.

This measure would request that the federal Centers for Disease Control and Prevention conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River.

WHEREAS, The Tijuana River, which flows east to west from Mexico into California and drains into the Pacific Ocean through the Tijuana Estuary, has for decades experienced an increased discharge of trash, sediment, and wastewater generated on the Mexico side, which, as a result of sewage infrastructure inadequacies, has created recurring and worsening pollution problems for the County of San Diego and the southern California coastline; and

WHEREAS, This past January, a storm surge caused 14.5 billion gallons of raw sewage and pollution to wash up on the banks of the river, as well as overflow into the nearby coastal wetlands, one of the few remaining such ecosystems left in southern California; and

WHEREAS, The City of Imperial Beach has declared a continued state of emergency since 2017 as a result of the escalated discharge of raw sewage from the City of Tijuana, Mexico, that has caused numerous health problems and significant beach closure days at Imperial Beach, which include 101 days in 2018, 243 days in 2019, 295 days in 2020, and 246 days in 2021, and the beach has yet to open since December 2021; and

WHEREAS, The County of San Diego, on June 27, 2023, declared a local emergency due to the public health, environmental, and economic impacts of the cross-border pollution disaster; and

WHEREAS, The San Diego County Air Pollution Control District has deployed air monitors in the communities surrounding the Tijuana River Valley that have shown levels of sulfur dioxide and hydrogen sulfide above standards set by the United States Environmental Protection Agency; and

WHEREAS, Californians who live and work in communities such as Imperial Beach, Nestor, San Ysidro, and the Tijuana River Valley have reported headaches, chronic cough, diarrhea, vomiting, and other symptoms, particularly after heavy rains when more sewage hits the riverbed and when odors seem stronger during hot and dry days; and

WHEREAS, Research by the Scripps Institution of Oceanography at the University of California, San Diego, attributed 34,000 annual illnesses to water quality pollution along the City of Imperial Beach coastline in the County of San Diego, and linked up to 76 percent of bacteria in the City of Imperial Beach air to cross-border water pollution, and data from medical clinics in the City of Imperial Beach shows a significant increase in cases of diarrhea and other intestinal problems during significant cross-border flow events; and

WHEREAS, Flesh-eating bacteria and other dangerous pathogens have been linked to Tijuana River pollution and the exposure to raw human sewage, massive coliform bacteria contamination, and toxic chemicals; and

WHEREAS, A 2023 study conducted by the Scripps Institution of Oceanography at the University of California, San Diego, showed sea spray associated with pollution in the Tijuana River carries dangerous bacteria and chemical compounds inland through tiny aerosolized particles that can reach people on land; and

WHEREAS, The risk of acute infectious diseases and chronic conditions is potentially high, but not well understood, indicating a public health crisis with the possibility for long-term impacts on health, society, and the economy; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature requests the federal Centers for Disease Control and Prevention to conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Secretary of the United States Department of Health and Human Services, and to the Director of the federal Centers for Disease Control and Prevention.

WHEREAS, The Tijuana River, which flows east to west from Mexico into California and drains into the Pacific Ocean through the Tijuana Estuary, has for decades experienced an increased discharge of trash, sediment, and wastewater generated on the Mexico side, which, as a result of sewage infrastructure inadequacies, has created recurring and worsening pollution problems for the County of San Diego and the southern California coastline; and

WHEREAS, This past January, a storm surge caused 14.5 billion gallons of raw sewage and pollution to wash up on the banks of the river, as well as overflow into the nearby coastal wetlands, one of the few remaining such ecosystems left in southern California; and

WHEREAS, The City of Imperial Beach has declared a continued state of emergency since 2017 as a result of the escalated discharge of raw sewage from the City of Tijuana, Mexico, that has caused numerous health problems and significant beach closure days at Imperial Beach, which include 101 days in 2018, 243 days in 2019, 295 days in 2020, and 246 days in 2021, and the beach has yet to open since December 2021; and

WHEREAS, The County of San Diego, on June 27, 2023, declared a local emergency due to the public health, environmental, and economic impacts of the cross-border pollution disaster; and

WHEREAS, The San Diego County Air Pollution Control District has deployed air monitors in the communities surrounding the Tijuana River Valley that have shown levels of sulfur dioxide and hydrogen sulfide above standards set by the United States Environmental Protection Agency; and

WHEREAS, Californians who live and work in communities such as Imperial Beach, Nestor, San Ysidro, and the Tijuana River Valley have reported headaches, chronic cough, diarrhea, vomiting, and other symptoms, particularly after heavy rains when more sewage hits the riverbed and when odors seem stronger during hot and dry days; and

WHEREAS, Research by the Scripps Institution of Oceanography at the University of California, San Diego, attributed 34,000 annual illnesses to water quality pollution along the City of Imperial Beach coastline in the County of San Diego, and linked up to 76 percent of bacteria in the City of Imperial Beach air to cross-border water pollution, and data from medical clinics in the City of Imperial Beach shows a significant increase in cases of diarrhea and other intestinal problems during significant cross-border flow events; and

WHEREAS, Flesh-eating bacteria and other dangerous pathogens have been linked to Tijuana River pollution and the exposure to raw human sewage, massive coliform bacteria contamination, and toxic chemicals; and

WHEREAS, A 2023 study conducted by the Scripps Institution of Oceanography at the University of California, San Diego, showed sea spray associated with pollution in the Tijuana River carries dangerous bacteria and chemical compounds inland through tiny aerosolized particles that can reach people on land; and

WHEREAS, The risk of acute infectious diseases and chronic conditions is potentially high, but not well understood, indicating a public health crisis with the possibility for long-term impacts on health, society, and the economy; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature requests the federal Centers for Disease Control and Prevention to conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Secretary of the United States Department of Health and Human Services, and to the Director of the federal Centers for Disease Control and Prevention.

WHEREAS, The Tijuana River, which flows east to west from Mexico into California and drains into the Pacific Ocean through the Tijuana Estuary, has for decades experienced an increased discharge of trash, sediment, and wastewater generated on the Mexico side, which, as a result of sewage infrastructure inadequacies, has created recurring and worsening pollution problems for the County of San Diego and the southern California coastline; and

WHEREAS, This past January, a storm surge caused 14.5 billion gallons of raw sewage and pollution to wash up on the banks of the river, as well as overflow into the nearby coastal wetlands, one of the few remaining such ecosystems left in southern California; and

WHEREAS, The City of Imperial Beach has declared a continued state of emergency since 2017 as a result of the escalated discharge of raw sewage from the City of Tijuana, Mexico, that has caused numerous health problems and significant beach closure days at Imperial Beach, which include 101 days in 2018, 243 days in 2019, 295 days in 2020, and 246 days in 2021, and the beach has yet to open since December 2021; and

WHEREAS, The County of San Diego, on June 27, 2023, declared a local emergency due to the public health, environmental, and economic impacts of the cross-border pollution disaster; and

WHEREAS, The San Diego County Air Pollution Control District has deployed air monitors in the communities surrounding the Tijuana River Valley that have shown levels of sulfur dioxide and hydrogen sulfide above standards set by the United States Environmental Protection Agency; and

WHEREAS, Californians who live and work in communities such as Imperial Beach, Nestor, San Ysidro, and the Tijuana River Valley have reported headaches, chronic cough, diarrhea, vomiting, and other symptoms, particularly after heavy rains when more sewage hits the riverbed and when odors seem stronger during hot and dry days; and

WHEREAS, Research by the Scripps Institution of Oceanography at the University of California, San Diego, attributed 34,000 annual illnesses to water quality pollution along the City of Imperial Beach coastline in the County of San Diego, and linked up to 76 percent of bacteria in the City of Imperial Beach air to cross-border water pollution, and data from medical clinics in the City of Imperial Beach shows a significant increase in cases of diarrhea and other intestinal problems during significant cross-border flow events; and

WHEREAS, Flesh-eating bacteria and other dangerous pathogens have been linked to Tijuana River pollution and the exposure to raw human sewage, massive coliform bacteria contamination, and toxic chemicals; and

WHEREAS, A 2023 study conducted by the Scripps Institution of Oceanography at the University of California, San Diego, showed sea spray associated with pollution in the Tijuana River carries dangerous bacteria and chemical compounds inland through tiny aerosolized particles that can reach people on land; and

WHEREAS, The risk of acute infectious diseases and chronic conditions is potentially high, but not well understood, indicating a public health crisis with the possibility for long-term impacts on health, society, and the economy; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature requests the federal Centers for Disease Control and Prevention to conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Secretary of the United States Department of Health and Human Services, and to the Director of the federal Centers for Disease Control and Prevention.

Date of Hearing: August 13, 2024

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Eduardo Garcia, Chair

SBPCA Bill Id:SJR 18

Author:(Padilla) – As Introduced Ver:June 4, 2024

SENATE VOTE: 39-0

SUBJECT: Tijuana River: pollution

SUMMARY: Makes a number of declarations regarding health impacts associated with pollution in the Tijuana River, and requests that the federal Centers for Disease Control and Prevention (CDC) investigate health concerns raised by this pollution. Specifically, this resolution:

1. Makes the following declarations:
   1. The Tijuana River, which flows east to west from Mexico into California and drains into the Pacific Ocean through the Tijuana Estuary, has for decades experienced an increased discharge of trash, sediment, and wastewater generated on the Mexico side, which, as a result of sewage infrastructure inadequacies, has created recurring and worsening pollution problems for San Diego County and the southern California coastline;

• 1. This past January, a storm surge caused 14.5 billion gallons of raw sewage and pollution to wash up on the banks of the river, as well as overflow into the nearby coastal wetlands, one of the few remaining such ecosystems left in southern California;
  2. The city of Imperial Beach has declared a continued state of emergency since 2017, due to the escalated discharge of raw sewage from Tijuana, Mexico, which has caused numerous health problems and significant beach closure days at Imperial Beach;
  3. On June 27, 2023, San Diego County declared a local emergency due to the public health, environmental, and economic impacts of the cross-border pollution disaster;
  4. The San Diego County Air Pollution Control District has deployed air monitors in communities surrounding the Tijuana River Valley, showing levels of sulfur dioxide and hydrogen sulfide above standards set by the United States Environmental Protection Agency (US EPA);
  5. Californians who live and work in communities such as Imperial Beach, Nestor, San Ysidro, and the Tijuana River Valley have reported headaches, chronic cough, diarrhea, vomiting, and other symptoms, particularly after heavy rains when more sewage hits the riverbed and when odors seem stronger during hot and dry days;
  6. Research by the Scripps Institution of Oceanography at the University of California, San Diego, attributed 34,000 annual illnesses to water quality pollution along the coastline of the city of Imperial Beach, and linked up to 76% of bacteria in Imperial Beach air to cross-border water pollution; data from medical clinics in Imperial Beach show a significant increase in cases of diarrhea and other intestinal problems during significant cross-border flow events;
  7. Flesh-eating bacteria and other dangerous pathogens have been linked to Tijuana River pollution and exposure to raw human sewage, massive coliform bacteria contamination, and toxic chemicals;
  8. A 2023 study conducted by the Scripps Institution of Oceanography showed that sea spray associated with pollution in the Tijuana River carries dangerous bacteria and chemical compounds inland through tiny aerosolized particles that can reach people on land; and,
  9. The risk of acute infectious diseases and chronic conditions is potentially high, but not well understood, indicating a public health crisis with the possibility for long-term impacts on health, society, and the economy.

1. Resolves that the Legislature requests the CDC conduct further investigation into concerns raised regarding potential health impacts attributed to pollution in the Tijuana River.
2. Resolves that the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the United States (U.S.), the Speaker of the House of Representatives, the Majority Leader of the Senate, each Senator and Representative from California in Congress, the Secretary of the U.S. Department of Health and Human Services, and the CDC Director.

EXISTING LAW:

1. Establishes, under the federal Clean Water Act (CWA), the National Pollutant Discharge Elimination System (NPDES) Permit Program, to prescribe requirements for the discharge of any pollutant, or any combination of pollutants, into waters of the U.S.; authorizes states to administer their own NPDES Permit Programs if specified conditions are met. (33 United States Code § 1342)
2. Declares, under the Porter-Cologne Water Quality Control Act, that the health, safety, and welfare of people require there to be a statewide program for water quality control and that the statewide program for water quality control can be most effectively administered regionally, within a framework of statewide coordination and policy. (Water Code (WC) § 13000)
3. Establishes the State Water Resources Control Board (State Water Board) and regional water quality control boards (Regional Water Boards) to preserve, enhance, and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, and all beneficial uses, and to ensure proper water resource allocation and efficient use, for the benefit of present and future generations. (WC § 13100, et. seq.)
4. Requires—upon an appropriation of funds from the Legislature—the California Environmental Protection Agency (CalEPA) and the California Natural Resources Agency, including their subsidiary agencies, to collaborate to create a Tijuana River Valley Watershed Action Plan, known as the Tijuana River Plan, as specified. (Public Resources Code § 71107)
5. Establishes the California-Mexico Border Relations Council to, among other duties, coordinate activities of state agencies related to cross-border programs, initiatives, projects, and partnerships, to improve the effectiveness of state and local efforts that are of concern between California and Mexico. (Government Code § 99522-99523)
6. Requires the California Department of Public Health (CDPH) to establish, maintain, and amend as necessary the minimum standards for the sanitation of public beaches, in consultation with the State Water Board, local health officers, and the public. (Health and Safety Code (HSC) § 115880)
7. Requires, commencing January 1, 2012, that the State Water Board assume responsibility for directing the required monitoring of public beaches; establishing and reviewing monitoring protocols, site locations, and monitoring frequencies, in consultation with CDPH and local health officers; and identifying options for funding the required monitoring for public beaches. (HSC § 115881)
8. Provides that the local health officer is responsible for testing the waters adjacent to, and coordinating the testing of, all public beaches within their jurisdiction. (HSC § 115880(f))
9. Requires, in the event of a known untreated sewage release, the local health officer with jurisdiction over an area in which a public beach is created to immediately test the waters adjacent to the public beach; requires, if the release is known to have reached recreational waters adjacent to a public beach, the local health officer to immediately close those waters until it has been determined that the waters are in compliance with standards established for public beaches. (HSC §115885(a)(6-7))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author:

"There is a real human cost to this pollution and it threatens the very water we drink and the very air we breathe. Our communities have borne the brunt of this disaster and have paid the price in constant illnesses and trips to the hospital, and is growing exponentially, unchecked. What makes this all the more frustrating is this disaster has lasted for generations. We need federal support and attention to begin to make this right and heal a community that has been ravaged by this constant poisoning."

The Tijuana River watershed and transboundary pollution: According to the San Diego Regional Water Quality Control Board, the Tijuana River watershed is a large binational watershed of approximately 1,750 square miles that lies across the California-Mexico border. A large portion of the watershed (approximately 75%) is within Mexico and encompasses the densely urbanized city of Tijuana, Mexico. The watershed drains into the Tijuana River Estuary in the U.S. and ultimately to the Pacific Ocean in the city of Imperial Beach.

Land uses in the watershed are diverse, from largely undeveloped open space in the upper watershed to highly-urbanized, residential, commercial, military, and industrial areas in the lower watershed. Over the past 30 years, Tijuana, Mexico has experienced tremendous population and industrial growth, along with rapid urbanization, which has strained the aging Mexican sewage infrastructure. Emerging sewage infrastructure inadequacies have created recurring pollution problems on both sides of the California-Mexico border. At times, sewage generated on the Mexico side of the watershed travels north into California through the Tijuana River or other cross-border canyon tributaries in the Tijuana River Valley. The sewage flows degrade water quality in the Tijuana River Estuary and adjacent coastal waters, and also pose a significant public health risk to residents and visitors along both sides of the border.

While significant improvements in wastewater treatment have, in recent years, improved water quality on both sides of the border, stormwater flows continue to bring substantial amounts of sediment, trash, and other contaminants into the valley, which impairs water quality, jeopardizes public health, threatens life and property from flooding, degrades valuable habitats, and impacts recreational opportunities for residents and visitors.

Human health implications of transboundary pollution. The "Clean Water Report," released by the Surfrider Foundation in 2024, details findings from tests conducted on water samples collected from coastal sites across the U.S. According to the report, Imperial Beach in the San Diego region is one among ten beaches in the country that consistently have high bacteria levels, with 100% of samples collected from Imperial Beach in 2023 failing to meet state health standards for bacteria in recreational waters. The report also states:

"Every day, millions of gallons of contaminated water carrying stormwater runoff, raw sewage, harmful chemicals, and trash traverse the U.S./Mexico border through the Tijuana River Watershed and flow out into the Pacific Ocean in Imperial Beach. Additionally, the San Antonio de los Buenos Wastewater Treatment Plant just south of the border discharges approximately 35 million gallons of untreated sewage into the Pacific Ocean each day. Currents associated with the Southern California Bight carry this pollution up the coast during the summer, causing widespread illnesses on both sides of the border and forcing beach closures throughout South San Diego County…This public health and environmental justice emergency has been going on for decades and it’s only getting worse, especially with climate change-related storm events further stressing the already inadequate and failing regional wastewater infrastructure."

In coverage of the Surfrider Foundation's report, a 2024 Los Angeles Times article entitled, "California beach is most polluted seen in new study. People are 'getting sick left and right,'" states the following:

"[Imperial Beach] has been closed for more than two years because of toxic water from the Tijuana River Watershed flowing into the ocean, said Mayor Paloma Aguirre of the city of Imperial Beach…'People in my community are getting sick left and right…We cannot afford to continue to punt the responsibility across the border because we have a dire situation here on United States soil, on California soil, that is harming California constituents.'"

In addition to its direct impacts on coastal waters, transboundary water pollution has the potential to contaminate the air with bacteria, creating another route of human exposure to disease-causing pathogens and a potential driver for human illness. In a 2023 study published in the journal Environmental Science and Technology, researchers from the Scripps Institution of Oceanography selected 40 types of bacteria to use as "tracers" for coastal water pollution, to determine whether aerosolized sea spray can carry these bacteria. The researchers found that these tracer bacteria comprised 41% on average and up to 76% of the bacterial community in the air in the city of Imperial Beach.

The NPDES Permit Program: In 1972, amendments to the Federal Water Pollution Control Act of 1948—the first major U.S. law to address water pollution—created what is commonly known today as the CWA. The federal CWA establishes the basic structure for regulating discharges of pollutants into waters of the U.S. and regulating quality standards for surface waters. Under the CWA, the US EPA implements pollution control programs that include setting water quality standards for all contaminants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit.

As authorized by the federal CWA, the NPDES Permit Program controls water pollution by regulating point sources—or discrete conveyances such as pipes, or human-made ditches—that discharge pollutants into waters of the U.S. Examples of pollutants include, but are not limited to, rock, sand, dirt, and agricultural, industrial, and municipal waste. Industrial, municipal, and other facilities must obtain an NPDES permit to discharge into surface water.

In California, implementation of the federal NPDES Permit Program has been delegated to the State Water Board and nine Regional Water Boards, which maintain regional jurisdiction within boundaries that are based on major watersheds. The State Water Board oversees implementation of the NPDES Permit Program throughout the state and, as such, coordinates with and supports Regional Water Board efforts, and reviews Regional Water Board actions. While the State Water Board has issued some NPDES permits, the Regional Water Boards issue the vast majority of NPDES permits in the state and ensure compliance with their permits through compliance inspections, monitoring report reviews, and enforcement actions. In California, NPDES permits are also referred to as waste discharge requirements, which regulate discharges to waters of the U.S.

The International Boundary and Water Commission (IBWC) and the South Bay International Wastewater Treatment Plant (SBIWTP): Bi-national concerns about Tijuana River water quality date back to 1934, when the U.S. and Mexican governments instructed the International Boundary Commission (predecessor to the IBWC) to prepare a report on the Tijuana sewage problem. When the U.S. and Mexico signed the Water Treaty of 1944, Article III made the use of cross-border waters subject to "sanitary measures or works." The two governments also agreed to give preferential attention to the solution of all border sanitation problems.

In 1990, the IBWC authorized construction of the SBIWTP, a treatment plant on the Tijuana River, north of the border. This treatment plant is capable of treating 25 million gallons per day (MGD), but has an expansion capability of up to 100 MGD. Once treated, water from the plant flows through a pipe leading to the South Bay Ocean Outfall. The SBIWTP is not designed to treat all discharges originating in Tijuana, such as stormwater or transboundary flows from canyon collectors.

SBIWTP damages, weather events, and federal action. The SBIWTP has been in dire need of updates and repairs. Major storm events have caused an influx of water that exceeded the plant's capacity, resulting in untreated sewage and stormwater discharges into the South Bay Ocean Outfall and directly to the ocean.

Tropical Storm Hilary in 2023 accelerated damage to the already strained plant. The recovery plan to restore the SBIWTP's ability to fully treat 25 MGD of wastewater and restore compliance with discharge water quality permit parameters has been estimated to cost $8 million.

U.S.-Mexico-Canada Agreement: When Congress approved the U.S.-Mexico-Canada Agreement in 2019, California Congressional representatives succeeded in adding $300 million to identify infrastructure solutions to address the significant negative impacts of water pollution in cross-border rivers on water quality, public health, and the environment. In 2020, the U.S. government committed funding to the US EPA to be used to address Tijuana River water quality problems. In fall 2021, the US EPA completed an evaluation of the problem and developed a set of project proposals known as the Comprehensive Infrastructure Solution. The estimated costs of the plan were $627 million and approximately $26 million for annual operations and maintenance. The Comprehensive Infrastructure Solution has yet to be completed.

On March 21, 2024, U.S. Senator Alex Padilla announced that over $103 million in additional funding for the IBWC had been secured in the bipartisan FY 2024 appropriations package. The funding will help repair the SBIWTP to address trans-border water pollution.

California Legislature’s work on border river water quality: The California Legislature has been working to address water quality in its border rivers for the last 20 years. It has passed bills to support state agency projects to improve water quality and held informational hearings on efforts to improve border river water quality. State budgets since 2017 have included appropriations for border river water quality, as follows:

• 2017: Reappropriated $2.1 million from the 2014 California Wildlife, Coastal, and Park Land Conservation Fund of 1988 for acquisition of lands in the Tijuana River Valley;
• 2019: Appropriated $15 million for Tijuana River pollution control;
• 2020: Appropriated $18 million from the General Fund and $10 million from Proposition 68 water bond funds for the New River Project;
• 2021: Appropriated $20 million to improve water quality in border rivers; and,
• 2022: Appropriated $15 million for border rivers cleanup.

This resolution: SJR 18 draws attention to longstanding, severe problems with transboundary water pollution that have been affecting vulnerable communities near the California-Mexico border for decades, without resolution. Given the issue's international roots, requesting that the federal government commit resources to understanding the pollution's human health implications seems like a reasonable next step in the multi-decade effort to address transboundary water pollution and its impacts.

Arguments in support: According to the Office of the District Attorney in San Diego County: "SJR 18 will give the Legislature authority to request further investigations by the CDC into concerns raised regarding potential health impacts attributed to pollution in the Tijuana River. My county’s Air Pollution Control District has reported hazardous levels of sulfur dioxide and hydrogen sulfide, and citizens living near the watershed have reported terrible symptoms from simply inhaling the sewage…The public safety and health of Californians relies on resolutions like these to highlight problems on a federal level. The water quality of the Tijuana River is at unmanageable levels and has been for a long time."

Arguments in opposition: None on file.

Related legislation:

1. AJR 12 (Alvarez, 2024). Urges the U.S. Congress and President Joseph R. Biden to fully fund the US EPA's Comprehensive Infrastructure Solution for the Tijuana River due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution; urges President Joseph R. Biden to declare a national emergency due to those ongoing impacts; and urges President Joseph R. Biden and the U.S. Congress to provide funding to address ongoing cross-border pollution impacting the New River. This bill is pending action on the Assembly floor.
2. SB 1178 (Padilla, 2024). Requires the State Water Board to establish regulations for compliance entities, as defined, that govern annual reporting of waste discharges, as specified; requires compliance entities to place a warning label on products sold in California; establishes the California Water Quality and Public Health Impact Fund (Fund); and requires administrative penalties authorized under SB 1178 to be deposited into the Fund. This bill is on the Suspense File in the Assembly Appropriations Committee.
3. AB 1567 (E. Garcia, 2023). Enacts the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2024, which, if approved by the voters, would authorize the issuance of $15.1 billion in bonds to finance safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development program projects. At least $50 million each would be made available for the Tijuana River Border Pollution Control Project and the New River Water Quality, Public Health, and River Parkway Development Program. This bill is pending action before the Senate Natural Resources and Water Committee.
4. AB 1597 (Alvarez, 2023). Allows funds, upon appropriation, to be made available to CalEPA for the North American Development Bank, to fund loans, grants, and direct expenditures for projects addressing water quality issues in California-Mexico cross-border watersheds, as provided. This bill is on the Suspense File in the Senate Appropriations Committee.
5. SB 253 (Wiener, Chapter 382, Statutes of 2023). Requires any partnership, corporation, limited liability company, or other U.S. business entity with total annual revenues in excess of $1 billion and that does business in California to publicly report their annual greenhouse gas emissions, as specified by the California Air Resources Board.
6. AB 2248 (E. Garcia, Ward, 2022). Would have provided $100 million to the State Water Board from the state's General Fund, upon appropriation by the Legislature, for grants and direct expenditures to address water quality problems arising in California-Mexico cross-border rivers. This bill was vetoed by Governor Newsom.
7. SJR 22 (Hueso, Chapter 241, Statutes of 2018). Urges the federal government and the U.S. Section of the IBWC to take immediate action to adequately address cross-border pollution in the Tijuana River Valley.
8. SB 507 (Hueso, Chapter 542, Statutes of 2017). Authorizes funds granted to the County of San Diego in the 2014 Budget Act to be available for development, improvement, rehabilitation, protection, restoration, and studies of natural and park lands in the Tijuana River Valley.
9. AB 1059 (E. Garcia, Chapter 584, Statutes of 2015). Requires the Office of Environmental Health Hazard Assessment to update its CalEnviroScreen 2.0 tool by using any relevant environmental data relating to known impacts of air pollution, water pollution, and toxic sites on the environmental quality of the communities in the California-Mexico border region.
10. AB 965 (E. Garcia, Chapter 668, Statutes of 2015). Requires the California-Mexico Border Relations 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 New River Strategic Plan. Provides the Border Relations Council with a consultative and coordinating role on the development, implementation, and funding of specified border-related projects.
11. SCR 90 (Hueso, Chapter 80, Statutes of 2014). Declared the Legislature’s intent to work with the Tijuana River Valley Recovery Team to take various actions to protect and preserve the Tijuana River Valley; to encourage collaboration with the team to protect and enhance natural resources through improved management of sediment and trash, flood control, ecosystem management, and recreation and education; and, to promote bilateral ties with Mexico.
12. AB 1079 (V. M. Pérez, Chapter 382, Statutes of 2009). Required the Border Relations Council to create a strategic plan to study, monitor, remediate, and enhance the New River’s water quality to protect human health and develop a river parkway suitable for public use and enjoyment.
13. AB 3021 (Núñez, Chapter 621, Statutes of 2006). Establishes the Border Relations Council to serve as the central organizing body for overseeing and collaborating on California- Mexico border issues.

REGISTERED SUPPORT / OPPOSITION:

Support

4 Walls International
City of Chula Vista
City of National City
Councilmember Sean Elo-Rivera, City of San Diego, District 9
County of San Diego Fourth District Supervisor Monica Montgomery Steppe
National City Chamber of Commerce
Project Kolika
Protect Otay Foothills
San Diego Audubon Society
San Diego Coastkeeper
San Diego County District Attorney's Office
San Diego for Every Child
San Diego Pediatricians for Clean Air
San Diego Regional Chamber of Commerce
San Diego State University
San Diego Unified Port District
Surfrider Foundation
Sweetwater Union High School District
The San Diego Mountain Biking Association
Wildcoast
YMCA of San Diego County

Opposition

None on file.

Analysis Prepared by: Naomi Ondrasek / E.S. & T.M. /

 CONSENT  

Bill No: SJR 18

Author: Padilla (D), et al.

Introduced: 6/4/24

Vote: 21

SENATE HEALTH COMMITTEE: 11-0, 6/26/24

AYES: Roth, Nguyen, Glazer, Gonzalez, Grove, Hurtado, Limón, Menjivar, Rubio, Smallwood-Cuevas, Wiener

SUBJECT: Tijuana River: pollution

SOURCE: Author

DIGEST:

This resolution makes a number of declarations related to pollution in the Tijuana River and the effect on human health, and requests the federal Centers for Disease Control and Prevention to conduct further investigation regarding potential health impacts attributed to that pollution.

ANALYSIS:

Existing law:

1. Establishes the State Water Resources Control Board (State Water Board) and regional water quality control boards under the California Natural Resources Agency. [WAT §13100]
2. Requires the California Department of Public Health (CDPH) to establish, maintain, and amend the minimum standards for the sanitation of public beaches in consultation with the State Water Board, local health officers (LHOs), and the public. [HSC §115880(a)]
3. Requires LHOs to regularly test the waters adjacent to all public beaches within their jurisdiction. Requires LHOs to immediately close and test the waters adjacent to the public beach in the event of a known untreated sewage release to determine whether the waters are in compliance with the standards. [HSC §115880(f) and HSC §115885(a)(6)]
4. Establishes the California-Mexico Border Relations Council to, among other duties, coordinate activities of state agencies related to cross-border programs, initiatives, projects, and partnerships in order to improve the effectiveness of state and local efforts that are of concern between California and Mexico. [GOV §99522 and §995523]

This bill:

1. Makes the following declarations:
   1. The Tijuana River, which flows east to west from Mexico into California and drains into the Pacific Ocean through the Tijuana Estuary, has for decades experienced an increased discharge of trash, sediment, and wastewater generated on the Mexico side, which, as a result of sewage infrastructure inadequacies, has created recurring and worsening pollution problems for the County of San Diego and the southern California coastline;
   2. This past January, a storm surge caused 14.5 billion gallons of raw sewage and pollution to wash up on the banks of the river, as well as overflow into the nearby coastal wetlands, one of the few remaining such ecosystems left in southern California;
   3. The City of Imperial Beach has declared a continued state of emergency since 2017 as a result of the escalated discharge of raw sewage from the City of Tijuana, Mexico, that has caused numerous health problems and significant beach closure days at Imperial Beach, which include 101 days in 2018, 243 days in 2019, 295 days in 2020, and 246 days in 2021, and the beach has yet to open since December 2021;
   4. The County of San Diego, on June 27, 2023, declared a local emergency due to the public health, environmental, and economic impacts of the cross-border pollution disaster;
   5. The San Diego County Air Pollution Control District has deployed air monitors in the communities surrounding the Tijuana River Valley that have shown levels of sulfur dioxide and hydrogen sulfide above standards set by the U.S. Environmental Protection Agency (EPA);
   6. Californians who live and work in communities such as Imperial Beach, Nestor, San Ysidro, and the Tijuana River Valley have reported headaches, chronic cough, diarrhea, vomiting, and other symptoms, particularly after heavy rains when more sewage hits the riverbed and when odors seem stronger during hot and dry days;
   7. Research by the Scripps Institution of Oceanography at UC San Diego, attributed 34,000 annual illnesses to water quality pollution along the City of Imperial Beach coastline in the County of San Diego, and linked up to 76% of bacteria in the City of Imperial Beach air to cross-border water pollution, and data from medical clinics in the City of Imperial Beach shows a significant increase in cases of diarrhea and other intestinal problems during significant cross-border flow events;
   8. Flesh-eating bacteria and other dangerous pathogens have been linked to Tijuana River pollution and the exposure to raw human sewage, massive coliform bacteria contamination, and toxic chemicals;
   9. A 2023 study conducted by the Scripps Institution of Oceanography at the University of California, San Diego, showed sea spray associated with pollution in the Tijuana River carries dangerous bacteria and chemical compounds inland through tiny aerosolized particles that can reach people on land; and,
   10. The risk of acute infectious diseases and chronic conditions is potentially high, but not well understood, indicating a public health crisis with the possibility for long-term impacts on health, society, and the economy.
2. Resolves that the Legislature requests the federal Centers for Disease Control and Prevention (CDC) to conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River.
3. Resolves that the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the U.S., the Speaker of the House of Representatives, the Majority Leader of the Senate, each Senator and Representative from California in the Congress, the Secretary of the U.S. Department of Health and Human Services, and the CDC Director.

Comments

1. Author’s statement. According to the author, there is a real human cost to this pollution and it threatens the very water we drink and the very air we breathe. Our communities have borne the brunt of this disaster and have paid the price in constant illnesses and trips to the hospital, and it is growing exponentially, unchecked. What makes this all the more frustrating is this disaster has lasted for generations. We need federal support and attention to begin to make this right and heal a community that has been ravaged by this constant poisoning.
2. California’s beach water quality. The State Water Board states that California has some of the most popular beaches in the U.S., with over 150 million day visits from tourists and residents every year. California also has the most extensive and comprehensive monitoring and regulatory program for beaches in the nation. The counties conduct public health beach monitoring and regulatory programs within their jurisdictions, monitoring 515 miles of beaches and collecting 28,000 samples every year. Advisory postings are placed at beaches that exceed the water quality standards based on the sampling results; and immediately close beaches prior to the sample results whenever there is an expected sewage release that reaches recreational waters. The State Water Board only reopens beaches when two consecutive daily sample results show that all indicators are below the water quality standards.
3. Sewage release. According to the State Water Board, sewage is untreated or partially treated domestic, municipal, commercial, and/or industrial waste conveyed in a sanitary sewer system. Sewage contains high levels of suspended solids, non-digested organic waste, pathogenic bacteria, viruses, toxic pollutants, nutrients, oxygen-demanding organic compounds, oils, grease, pharmaceuticals, and other pollutants. An untreated sewage release is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure that impacts the quality of waters. The Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection states that contamination of the coastal marine environment by sewage release can lead to significant numbers of infectious diseases from bathing and swimming in marine waters and the consumption of seafood. LHOs immediately close and test waters adjacent to a public beach following a spill to determine whether the waters comply with State Water Board standards.
4. Tijuana River Watershed. According to the State Water Board, the Tijuana River Watershed is a large binational watershed of approximately 1,750 square miles that lies across the California - Mexico border. A large portion of the watershed (approximately 75%) is within Mexico and encompass the densely urbanized City of Tijuana, Mexico. The watershed drains into the Tijuana River Estuary in the U.S. and ultimately to the Pacific Ocean in the City of Imperial Beach. Over the past 30 years, Tijuana has experienced tremendous population and industrial growth, along with rapid urbanization, which has put a strain on the aging Mexican sewage infrastructure. The emerging sewage infrastructure inadequacies have created recurring sewage pollution problems on both sides of the California - Mexico border. At times, sewage generated on the Mexico side of the watershed travels north into California through the Tijuana River or other cross-border canyon tributaries in the Tijuana River Valley. The sewage flows degrade water quality in the Tijuana River Estuary and adjacent beach coastal waters and also pose a significant public health risk to residents and visitors along both sides of the border.

According to the State Water Board, the border sewage flows present a difficult challenge for California due to the lack of U.S. jurisdiction in Mexico, making the development of cooperative binational approaches that are coordinated within and across governments essential. Governmental organizations on both sides of the border are working collaboratively on multiple fronts to prevent the sewage spills from crossing the border and to address the underlying sewage infrastructure problems. The U.S. and Mexico Sections of the International Boundary and Water Commission (IBWC) are the lead binational agencies responsible for implementing water treaty rights and obligations between the U.S. and Mexico, including those related to sewage problems and the associated water quality problems in the Tijuana River Watershed. Efforts on both sides of the border have led to the construction and ongoing operation of diversion structures, pump stations and treatment plants to reduce the frequency, volume, and pollutant levels of transboundary sewage flows. The South Bay International Wastewater Treatment Plant (SBIWTP) is located in the City of San Ysidro and is funded by the U.S. It is owned and administered by the U.S. component of the IBWC. According to the San Diego Water Board, the SBIWTP treats an average daily flow of 25 million gallons of sewage and other wastewater flows originating from Tijuana. The SBIWTP is not designed to treat all discharges originating in Tijuana, such as storm water or transboundary flows from canyon collectors.

1. Local emergency declarations. San Diego County’s June 27, 2023 declaration of emergency states that its communities continue to have environmental and economic impacts from transboundary sewage flows. Over 100 billion gallons of sewage has impacted San Diego water since 2018. From December 28, 2022 to October 20, 2023, approximately 38 billion gallons of sewage crossed the international border. As of October 20, 2023, some of the beaches in the region have been closed for over 681 consecutive days due to the poor water quality. The emergency declaration states that the ongoing sewage crisis is an environmental catastrophe with significant negative impacts on the region’s tourism-dependent economy and U.S. military preparedness. The City of Imperial Beach, which has had a continuous declaration of emergency since 2017, states that the effects of cross-border pollution originating from the Tijuana River, including both treated and untreated wastewater, continue to affect the Tijuana River Valley, Estuary, beach water quality, and present an emerging threat to air quality that is currently being monitored and studied by the County Air Pollution Control District and Scripps Institute of Oceanography. Due to contaminated flows in the river, the stretch of Imperial Beach shoreline between the southern end of Seacoast Drive and the border is severely impacted, with closures lasting all of 2024 to date, 365 days in 2023, 365 days in 2022, 246 days in 2021, 295 days in 2020, 245 days in 2019, and 101 days in 2018.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/28/24)

4 Walls International

American Academy of Pediatrics San Diego

City of Chula Vista

City of National, Mayor Ron Morrison

City of San Diego

County of San Diego

National City Chamber of Commerce

Project Kolika

Protect Otay Foothills

San Diego Audubon Society

San Diego Coastkeeper

San Diego County District Attorney’s Office

San Diego for Every Child

San Diego Pediatricians for Clean Air

San Diego Regional Chamber of Commerce

San Diego State University

San Diego Mountain Biking Association

Sweetwater Union High School District

WILDCOAST

YMCA of San Diego County

3 individuals

OPPOSITION: (Verified 6/28/24)

None received

ARGUMENTS IN SUPPORT: Supporters write that although the risk of acute infectious diseases and chronic conditions are high, the relationship between water, and most importantly, air quality, and the pollution impacting the surrounding communities is not well understood. We know that flesh-eating bacteria and other dangerous pathogens have been linked to Tijuana River pollution and the exposure to raw human sewage, massive coliform bacteria contamination, and toxic chemicals. A newly formed task force, spearheaded by Imperial Beach Mayor Paloma Aguirre and comprised of San Diego researchers and physicians, has prioritized investigating the correlation of bacterial illness with nearby wastewater releases. Given the complexity of the investigation and the role of the federal government in addressing cross-border pollution, it is critical that the federal government investigate links between bacterial illness and cross-border pollution. A 2023 report by Surfrider Foundation found that California is home to Imperial Beach, one of the most polluted beaches in the country, where every sample collected turned up bacteria counts that exceeded the state’s health standard for recreational waters. Earlier this year, the Tijuana River Watershed was named in the 10 most endangered rivers in America, a list managed by environmental organization, American Rivers. The designation comes from an analysis of the hazardous industrial waste and raw sewage contaminating the river.

Prepared by: Melanie Moreno / HEALTH / (916) 651-4111

6/28/24 10:45:09

**** END ****

SENATE COMMITTEE ON HEALTH

Senator Richard Roth, Chair

BILL NO: SJR 18

SUBJECT: Tijuana River: pollution

SUMMARY:

Makes a number of declarations related to pollution in the Tijuana River and the effect on human health, and requests the federal Centers for Disease Control and Prevention to conduct further investigation regarding potential health impacts attributed to that pollution.

Existing law:

1. Establishes the State Water Resources Control Board (State Water Board) and regional water quality control boards under the California Natural Resources Agency. [WAT §13100]
2. Requires the California Department of Public Health (CDPH) to establish, maintain, and amend the minimum standards for the sanitation of public beaches in consultation with the State Water Board, local health officers (LHOs), and the public. [HSC §115880(a)]
3. Requires LHOs to regularly test the waters adjacent to all public beaches within their jurisdiction. Requires LHOs to immediately close and test the waters adjacent to the public beach in the event of a known untreated sewage release to determine whether the waters are in compliance with the standards. [HSC §115880(f) and HSC §115885(a)(6)]
4. Establishes the California-Mexico Border Relations Council to, among other duties, coordinate activities of state agencies related to cross-border programs, initiatives, projects, and partnerships in order to improve the effectiveness of state and local efforts that are of concern between California and Mexico. [GOV §99522 and §995523]

This bill:

1. Makes the following declarations:
   1. The Tijuana River, which flows east to west from Mexico into California and drains into the Pacific Ocean through the Tijuana Estuary, has for decades experienced an increased discharge of trash, sediment, and wastewater generated on the Mexico side, which, as a result of sewage infrastructure inadequacies, has created recurring and worsening pollution problems for the County of San Diego and the southern California coastline;
   2. This past January, a storm surge caused 14.5 billion gallons of raw sewage and pollution to wash up on the banks of the river, as well as overflow into the nearby coastal wetlands, one of the few remaining such ecosystems left in southern California;
   3. The City of Imperial Beach has declared a continued state of emergency since 2017 as a result of the escalated discharge of raw sewage from the City of Tijuana, Mexico, that has caused numerous health problems and significant beach closure days at Imperial Beach, which include 101 days in 2018, 243 days in 2019, 295 days in 2020, and 246 days in 2021, and the beach has yet to open since December 2021;
   4. The County of San Diego, on June 27, 2023, declared a local emergency due to the public health, environmental, and economic impacts of the cross-border pollution disaster;
   5. The San Diego County Air Pollution Control District has deployed air monitors in the communities surrounding the Tijuana River Valley that have shown levels of sulfur dioxide and hydrogen sulfide above standards set by the U.S. Environmental Protection Agency (EPA);
   6. Californians who live and work in communities such as Imperial Beach, Nestor, San Ysidro, and the Tijuana River Valley have reported headaches, chronic cough, diarrhea, vomiting, and other symptoms, particularly after heavy rains when more sewage hits the riverbed and when odors seem stronger during hot and dry days;
   7. Research by the Scripps Institution of Oceanography at UC San Diego, attributed 34,000 annual illnesses to water quality pollution along the City of Imperial Beach coastline in the County of San Diego, and linked up to 76% of bacteria in the City of Imperial Beach air to cross-border water pollution, and data from medical clinics in the City of Imperial Beach shows a significant increase in cases of diarrhea and other intestinal problems during significant cross-border flow events;
   8. Flesh-eating bacteria and other dangerous pathogens have been linked to Tijuana River pollution and the exposure to raw human sewage, massive coliform bacteria contamination, and toxic chemicals;
   9. A 2023 study conducted by the Scripps Institution of Oceanography at the University of California, San Diego, showed sea spray associated with pollution in the Tijuana River carries dangerous bacteria and chemical compounds inland through tiny aerosolized particles that can reach people on land; and,
   10. The risk of acute infectious diseases and chronic conditions is potentially high, but not well understood, indicating a public health crisis with the possibility for long-term impacts on health, society, and the economy.
2. Resolves that the Legislature requests the federal Centers for Disease Control and Prevention (CDC) to conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River.
3. Resolves that the Secretary of the Senate transmit copies of this resolution to the President and Vice President of the U.S., the Speaker of the House of Representatives, the Majority Leader of the Senate, each Senator and Representative from California in the Congress, the Secretary of the U.S. Department of Health and Human Services, and the CDC Director.

FISCAL EFFECT:

This resolution is keyed non-fiscal.

COMMENTS:

1. Author’s statement. According to the author, there is a real human cost to this pollution and it threatens the very water we drink and the very air we breathe. Our communities have borne the brunt of this disaster and have paid the price in constant illnesses and trips to the hospital, and it is growing exponentially, unchecked. What makes this all the more frustrating is this disaster has lasted for generations. We need federal support and attention to begin to make this right and heal a community that has been ravaged by this constant poisoning.
2. California’s beach water quality. The State Water Board states that California has some of the most popular beaches in the U.S., with over 150 million day visits from tourists and residents every year. California also has the most extensive and comprehensive monitoring and regulatory program for beaches in the nation. The counties conduct public health beach monitoring and regulatory programs within their jurisdictions, monitoring 515 miles of beaches and collecting 28,000 samples every year. Advisory postings are placed at beaches that exceed the water quality standards based on the sampling results; and immediately close beaches prior to the sample results whenever there is an expected sewage release that reaches recreational waters. The State Water Board only reopens beaches when two consecutive daily sample results show that all indicators are below the water quality standards.
3. Sewage release. According to the State Water Board, sewage is untreated or partially treated domestic, municipal, commercial, and/or industrial waste conveyed in a sanitary sewer system. Sewage contains high levels of suspended solids, non-digested organic waste, pathogenic bacteria, viruses, toxic pollutants, nutrients, oxygen-demanding organic compounds, oils, grease, pharmaceuticals, and other pollutants. An untreated sewage release is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure that impacts the quality of waters. The Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection states that contamination of the coastal marine environment by sewage release can lead to significant numbers of infectious diseases from bathing and swimming in marine waters and the consumption of seafood. LHOs immediately close and test waters adjacent to a public beach following a spill to determine whether the waters comply with State Water Board standards.
4. Tijuana River Watershed. According to the State Water Board, the Tijuana River Watershed is a large binational watershed of approximately 1,750 square miles that lies across the California - Mexico border. A large portion of the watershed (approximately 75%) is within Mexico and encompass the densely urbanized City of Tijuana, Mexico. The watershed drains into the Tijuana River Estuary in the U.S. and ultimately to the Pacific Ocean in the City of Imperial Beach. Over the past 30 years, Tijuana has experienced tremendous population and industrial growth, along with rapid urbanization, which has put a strain on the aging Mexican sewage infrastructure. The emerging sewage infrastructure inadequacies have created recurring sewage pollution problems on both sides of the California - Mexico border. At times, sewage generated on the Mexico side of the watershed travels north into California through the Tijuana River or other cross-border canyon tributaries in the Tijuana River Valley. The sewage flows degrade water quality in the Tijuana River Estuary and adjacent beach coastal waters and also pose a significant public health risk to residents and visitors along both sides of the border.

According to the State Water Board, the border sewage flows present a difficult challenge for California due to the lack of U.S. jurisdiction in Mexico, making the development of cooperative binational approaches that are coordinated within and across governments essential. Governmental organizations on both sides of the border are working collaboratively on multiple fronts to prevent the sewage spills from crossing the border and to address the underlying sewage infrastructure problems. The U.S. and Mexico Sections of the International Boundary and Water Commission (IBWC) are the lead binational agencies responsible for implementing water treaty rights and obligations between the U.S. and Mexico, including those related to sewage problems and the associated water quality problems in the Tijuana River Watershed. Efforts on both sides of the border have led to the construction and ongoing operation of diversion structures, pump stations and treatment plants to reduce the frequency, volume, and pollutant levels of transboundary sewage flows. The South Bay International Wastewater Treatment Plant (SBIWTP) is located in the City of San Ysidro and is funded by the U.S. It is owned and administered by the U.S. component of the IBWC. According to the San Diego Water Board, the SBIWTP treats an average daily flow of 25 million gallons of sewage and other wastewater flows originating from Tijuana. The SBIWTP is not designed to treat all discharges originating in Tijuana, such as storm water or transboundary flows from canyon collectors.

1. Local emergency declarations. San Diego County’s June 27, 2023 declaration of emergency states that its communities continue to have environmental and economic impacts from transboundary sewage flows. Over 100 billion gallons of sewage has impacted San Diego water since 2018. From December 28, 2022 to October 20, 2023, approximately 38 billion gallons of sewage crossed the international border. As of October 20, 2023, some of the beaches in the region have been closed for over 681 consecutive days due to the poor water quality. The emergency declaration states that the ongoing sewage crisis is an environmental catastrophe with significant negative impacts on the region’s tourism-dependent economy and U.S. military preparedness. The City of Imperial Beach, which has had a continuous declaration of emergency since 2017, states that the effects of cross-border pollution originating from the Tijuana River, including both treated and untreated wastewater, continue to affect the Tijuana River Valley, Estuary, beach water quality, and present an emerging threat to air quality that is currently being monitored and studied by the County Air Pollution Control District and Scripps Institute of Oceanography. Due to contaminated flows in the river, the stretch of Imperial Beach shoreline between the southern end of Seacoast Drive and the border is severely impacted, with closures lasting all of 2024 to date, 365 days in 2023, 365 days in 2022, 246 days in 2021, 295 days in 2020, 245 days in 2019, and 101 days in 2018.
2. Related legislation. SB 1178 (Padilla) requires the State Water Board to establish new regulations for compliance entities, as defined, governing annual reporting of waste discharges potentially impacting state water quality and public health, not to exceed 50 miles from the California border. SB 1178 is set for hearing on June 25, 2024 in the Assembly Environmental Safety and Toxic Materials Committee.

AB 2599 (Committee on Environmental Safety and Toxic Materials) permits a LHO to satisfy testing requirements for beach water quality, in the event of an untreated sewage release, by using test results from other parties that have conducted testing of the waters. AB 2599 is pending in the Senate Appropriations Committee.

1. Support. Supporters write that although the risk of acute infectious diseases and chronic conditions are high, the relationship between water, and most importantly, air quality, and the pollution impacting the surrounding communities is not well understood. We know that flesh-eating bacteria and other dangerous pathogens have been linked to Tijuana River pollution and the exposure to raw human sewage, massive coliform bacteria contamination, and toxic chemicals. A newly formed task force, spearheaded by Imperial Beach Mayor Paloma Aguirre and comprised of San Diego researchers and physicians, has prioritized investigating the correlation of bacterial illness with nearby wastewater releases. Given the complexity of the investigation and the role of the federal government in addressing cross-border pollution, it is critical that the federal government investigate links between bacterial illness and cross-border pollution. A 2023 report by Surfrider Foundation found that California is home to Imperial Beach, one of the most polluted beaches in the country, where every sample collected turned up bacteria counts that exceeded the state’s health standard for recreational waters. Earlier this year, the Tijuana River Watershed was named in the 10 most endangered rivers in America, a list managed by environmental organization, American Rivers. The designation comes from an analysis of the hazardous industrial waste and raw sewage contaminating the river.

SUPPORT AND OPPOSITION:

Support: 4 Walls International

American Academy of Pediatrics San Diego

City of Chula Vista

County of San Diego

National City Chamber of Commerce

Project Kolika

Protect Otay Foothills

San Diego Audubon Society

San Diego Coastkeeper

San Diego for Every Child

San Diego Regional Chamber of Commerce

San Diego State University

San Diego Mountain Biking Association

Sweetwater Union High School District

WILDCOAST

YMCA of San Diego County

Three individuals

Oppose: None received

-- END --