20250SJR_001397CHP INTRODUCED 2026-03-24 PASSED_ASSEMBLY 2026-06-22 PASSED_SENATE 2026-05-19 ENROLLED 2026-06-25 CHAPTERED 2026-07-02 FILED 2026-07-02 2025 SJR CHP CHR 0 Introduced by Senator Padilla (Coauthors: Assembly Members Boerner and Ward) LEAD_AUTHOR SENATE Padilla COAUTHOR ASSEMBLY Boerner COAUTHOR ASSEMBLY Ward Relative to transboundary water pollution. transboundary water pollution Transboundary flow pollution: United States-Mexico-Canada Agreement.

This measure would request the United States, at the joint review of the United States-Mexico-Canada Agreement (USMCA), to secure and publicly adopt measurable and sustained commitments from the parties to eliminate chronic transboundary sewage discharges into the Tijuana River watershed and the flow of untreated sewage, industrial effluent, and toxic pollutants through the New River from Mexicali into the County of Imperial.

The measure would further request that the United States commit to automatic nonrenewal of the USMCA should there be a failure of establishing commitments, benchmarks, and timelines relating to specific numeric discharge-reduction benchmarks for both the Tijuana River watershed and the New River, investment into and enforceable timelines for completion of wastewater infrastructure projects, and annual public reporting on compliance. NO

WHEREAS, The adoption of the North American Free Trade Agreement (NAFTA) in marked a major shift in trade and economic engagement among the United States, Mexico, and Canada; and

WHEREAS, Following NAFTA, trade between California and Mexico grew substantially, with California importing billions of dollars in goods annually, including transportation equipment, electronics, agricultural products, and manufactured goods, while California exports to Mexico also increased, supporting hundreds of thousands of jobs; and

WHEREAS, This growth spurred a rapid expansion of manufacturing facilities in northern Mexico, particularly export-oriented maquiladora plants along the California-Mexico border that became major hubs for cross-border manufacturing and trade; and

WHEREAS, The rapid concentration of industrial and residential activity in northern Mexico has placed increasing demands on wastewater, stormwater, and environmental infrastructure that was not designed to handle the scale of development and waste generated, contributing to pollution flows into the Tijuana River Valley and New River; and

WHEREAS, These transboundary pollution flows have forced prolonged beach closures in the County of San Diego, harmed local tourism and small businesses, jeopardized the health of residents in border communities, and disrupted United States Navy training operations; and

WHEREAS, Border communities, disproportionately composed of working-class communities and communities of color, bear the brunt of the contamination, raising serious environmental justice concerns; and

WHEREAS, The New River, originating in Mexicali, Baja California, and flowing north across the international border through Calexico into the County of Imperial, before emptying into the Salton Sea, is among the most severely polluted waterways in North America, carrying untreated and partially treated sewage, industrial effluent, agricultural runoff, and toxic contaminants, with fecal coliform levels documented at nearly times the federal legal limit; and

WHEREAS, No comparable federal statutory commitment or dedicated appropriation exists for the New River while the California congressional delegation and state partners have secured over $650,000,000 in federal funding for the Tijuana River and the South Bay International Wastewater Treatment Plant, and yet the problem persists; and

WHEREAS, The United States-Mexico-Canada Agreement (USMCA), that went into effect on July 1, 2020, was negotiated to update and modernize the trade framework established under NAFTA, including provisions related to environmental protection and cross-border cooperation; and

WHEREAS,

Chapter of the USMCA contains binding environmental commitments, including obligations to effectively enforce environmental laws and address transboundary pollution; and

WHEREAS,

Section of the USMCA Implementation Act (Public Law 116-113) directs the United States Environmental Protection Agency to plan, design, construct, operate, and maintain high-priority wastewater treatment works in the Tijuana River Valley, and the United States Congress appropriated $300,000,000 for this purpose, reflecting federal recognition of the region’s rapid industrial and economic growth; and

WHEREAS, Despite these commitments, transboundary sewage discharges into the Tijuana River watershed have continued at significant levels since the agreement entered into force, with more than 100,000,000,000 gallons of toxic effluent flowing into the United States in the last five years, demonstrating that existing enforcement mechanisms and infrastructure have failed to protect California communities; and

WHEREAS, The USMCA includes a six-year joint review mechanism, and the first review is scheduled to occur in 2026, presenting an opportunity to evaluate environmental performance and ensure that transboundary pollution obligations are being enforced; and

WHEREAS, The progress achieved through bipartisan federal engagement demonstrates that meaningful action is possible, and the joint review presents an opportunity to ensure that existing commitments are fully realized and that the region does not experience chronic toxic transboundary sewage pollution; and

WHEREAS, The ongoing sewage crises in the Tijuana River Valley and New River undermines the environmental integrity and enforceability of the USMCA and threatens the health, economic stability, and environmental well-being of Californians; and

WHEREAS, California is the nation’s leading state for trade with Mexico and Canada, and the California-Mexico border region is one of the most economically integrated and highly populated binational regions in the world, with trade, labor mobility, and supply chains dependent on functional border infrastructure and environmental conditions; and

WHEREAS, Trade agreements must not enable or ignore environmental harm to border communities and must include accountability and ensure compliance with environmental obligations; and

WHEREAS, The Trump administration signed a Memorandum of Understanding with Mexico in July of 2025, fast-tracked a 10,000,000-gallon-per-day expansion of the South Bay International Wastewater Treatment Plant in the first 100 days, and concluded International Boundary and Water Commission Minute in December of committing Mexico to additional infrastructure projects and accountability measures for the Tijuana River; and

WHEREAS, The United States Environmental Protection Agency administrator Lee Zeldin has visited San Diego to survey the Tijuana River sewage crisis twice and the administration has pledged a “100% solution” to stop raw sewage from crossing the border; and

WHEREAS, The USMCA presents an opportunity for the Trump administration to secure that solution through enforceable commitments;

now, therefore,

be it Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature urges the United States, at the USMCA joint review, to secure and publicly adopt measurable and sustained commitments from the parties to eliminate chronic transboundary sewage discharges into the Tijuana River watershed and the flow of untreated sewage, industrial effluent, and toxic pollutants through the New River from Mexicali into the County of Imperial; and be it further Resolved, That the measurable and sustained commitments should include, at a minimum, specific numeric discharge-reduction benchmarks for both the Tijuana River watershed and the New River, investment into and enforceable timelines for completion of wastewater infrastructure projects, and annual public reporting on compliance; and be it further Resolved, That the United States commit to automatic nonrenewal of the USMCA should there be a failure of establishing commitments, benchmarks, and timelines; 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 Minority Leader of the House of Representatives, to the Majority Leader of the Senate, to the Minority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, to the Governor, and to the United States Trade Representative.