[Congressional Record Volume 149, Number 3 (Thursday, January 9, 2003)]
[Senate]
[Page S153]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 107. A bill to prohibit the exportation of natural gas from the 
United States to Mexico for use in electric energy generation units 
near the United States border that do not comply with air quality 
control requirements that provide air quality protection that is at 
least equivalent to the protection provided by requirements applicable 
in the United States; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mrs. FEINSTEIN. Mr. President, I rise today to re-introduce 
legislation at the start of this new Congress to protect those living 
along the California-Mexican border from harmful power plant emissions.
  This bill, which Congressman Duncan Hunter is also re-introducing 
today in the House of Representatives, will prevent power plants built 
in Mexico from using natural gas from the United States, unless firms 
operating these plants agree to comply with California's air pollution 
standards.
  Currently there are two new power plants planned for Mexicali, 
Mexico, a city right across the border from Imperial County, 
California. The Imperial Valley produces much of our Nation's 
wintertime vegetables. The Valley is the region in Southern California 
that will be impacted most by pollution from these power plants in 
Mexico. And since Imperial County has some of the worst air quality in 
the United States and one of the highest childhood asthma rates in the 
State, I believe these new plants must meet California emission 
standards.
  One of the Mexicali plants, which is being built by Sempra Energy, 
will have pollution mitigation technology to minimize the impact of air 
pollution on the residents of the Imperial Valley. However, the other 
plant, to be built by InterGen, will not. InterGen officials have 
repeatedly stated that their Mexicali plant will meet ``domestic 
standards or World Bank standards.'' The problem is these are not U.S. 
standards and are far below California standards.
  I am introducing this legislation today to make sure any plant that 
comes online along the California-Mexican border meets the same air 
quality standards as plants in California.
  The residents of Imperial County and the entire Southern California 
region deserve nothing less.
  I have heard from many constituents in Southern California concerned 
about the InterGen plant and local officials in Imperial County are 
adamantly opposed to the InterGen plant because the company has refused 
to install pollution control devices on all four operating units.
  This legislation has the support of the Imperial County Board of 
Supervisors, the Imperial District, the Coachella Valley Association of 
Governments, and San Diego Mayor Dick Murphy.
  This legislation will ensure energy plants along the border employ 
the best technology available to control pollution and protect the 
public health for residents of Southern California and other border 
regions in a similar situation.
  The bill will prohibit energy companies from exporting natural gas 
from the United States for use in Mexico unless the natural gas fired 
generators south of the border meet the air standards prevalent in the 
United States. This will effectively cut power plants off from the 
natural gas supply if they do not meet higher emissions standards.
  This legislation will not constrain power plants that were put online 
prior to January 1, 2003. It will apply to plants built after the new 
year and projects that come online in the future.
  This bill will only apply to power plants within 50 miles of the 
U.S.-Mexican border.
  And the legislation will only apply to power plants that generate 
more than 50 megawatts of power. We do not want to block any moves to 
replace dirty diesel back-up generators with cleaner natural-gas fired 
small power sources.
  The bill calls for collaboration between the Secretary of Commerce 
and the Administrator of the Environmental Protection Agency to 
determine if a power plant is in compliance with relevant emission 
standards.
  I support the development of new energy projects for California 
because I believe we need to bring more power online. However, I do not 
believe the fact that we need more power in California should allow 
companies to take advantage of this need and use it as an excuse to 
devote less attention to clear air and public health.
  It is not unreasonable to ensure that companies making money in 
California energy market meet strict environmental standards. This 
legislation is meant to strike a balance between promoting new sources 
of energy south of the border and protecting the environment throughout 
the border region. It is not a final resolution of these cross-border 
issues, but I believe it is a good first step.
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