Water quality action plan

(a) Development (1) In general The Administrator, in consultation with the entities described in section 103(c), shall develop an action plan in accordance with the Statement of Intent between the United States and Mexico relating to the implementation of priority sanitation projects in the San Diego, CA.-Tijuana, BC region, signed on July 1, 2022, for the purpose of improving and protecting the water quality of the Tijuana River watershed. (2) Requirements The action plan under paragraph (1) shall— (A) build on and incorporate any existing efforts and plans to improve and protect the water quality of the Tijuana River watershed, including ongoing and completed efforts and plans; (B) incorporate projects identified in Alternative 2, as described in the final programmatic environmental impact statement of the Environmental Protection Agency and the International Boundary and Water Commission entitled USMCA Mitigation of Contaminated Transboundary Flows Project and dated November 2, 2022, and selected in the record of decision of the Environmental Protection Agency and the International Boundary and Water Commission entitled Joint Record of Decision for the Final Programmatic Environmental Impact Statement for United States-Mexico-Canada Agreement Mitigation of Contaminated Transboundary Flows Project and signed on June 9, 2023; and (C) include— (i) such features as are needed to improve and protect the quality of wastewater, stormwater runoff, and other untreated flows; (ii) criteria for selecting— (I) water quality restoration and protection projects; and (II) projects on the priority list under subsection (c)(1); (iii) the amounts necessary for the operations and maintenance of infrastructure existing on and constructed after the date of enactment of this Act; and (iv) potential sources of funding to help pay the costs described in clause (iii). (3) Operations and maintenance funding (A) In general In developing the action plan under paragraph (1), the Administrator, working with the entities described in section 103(c), shall assess and identify potential alternative sources and approaches for financing infrastructure projects, including financing the operations and maintenance of those infrastructure projects. (B) Requirement In carrying out subparagraph (A), the Administrator shall assess the approaches identified in the report of the Environmental Financial Advisory Board entitled Evaluating Stormwater Infrastructure Funding and Financing and dated March 2020. (b) Issuance; updates The Administrator shall— (1) not later than 1 year after the date of enactment of this Act, issue the action plan under subsection (a)(1); and (2) every 5 years after the date on which the action plan is issued under paragraph (1), update the action plan. (c) Priority list (1) In general The action plan under subsection (a)(1) shall include a priority list of potential or proposed water quality restoration and protection projects for the Tijuana River watershed that— (A) provides for the management of wastewater or stormwater or the removal of debris, sediment, chemicals, bacteria, and other contaminants from the water flowing north into the United States; (B) estimates the costs and identifies the entities that will fund the construction, operation, and maintenance of each project on the priority list; (C) is developed in coordination with the entities described in section 103(c); (D) assists agencies to coordinate funding; and (E) identifies projects— (i) in the Mexican Tijuana River watershed; (ii) in the American Tijuana River watershed; and (iii) that address transboundary flows that affect coastal communities in and near the Tijuana River watershed. (2) Development In developing the priority list under paragraph (1), the Administrator shall— (A) use the best available science, including any relevant findings and recommendations of a watershed assessment conducted by Federal, State, Tribal, and local agencies; (B) carry out and fund science development, monitoring, or modeling as needed to inform project development and assessment; (C) include— (i) the projects described in subsection (a)(2)(B); and (ii) such other projects that the Administrator determines appropriate based on the availability of peer-reviewed or otherwise published scientific research; and (D) include, in order of priority, potential or proposed water quality or stormwater projects for the restoration and protection of the Tijuana River that— (i) would help— (I) to achieve and maintain the water quality standards for— (aa) public health; (bb) recreational opportunities; (cc) scenic resources; and (dd) wildlife and habitat; and (II) to address water needs in the Tijuana River watershed, including through water reuse and water recycling; and (ii) would identify responsible agencies and funding sources through coordinated efforts by the entities described in section 103(c).