•
     L,

       B.
Members
           .
Esjarii* Gsupw

          •


              A
       FOR THE
                                        THE
                                            ,
                 UNDERTHE
This report    not been reviewed for approval by the
U.S. Environmental Protection Agency; and hence, the'-views
and opinions expressed in the report do not necessarily
represent those of the Agency or any other agencies in the
Federal Government.



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                M.
 Adnumstratof'
 U.S.                                  "   •
            D.C 20460



      •On1       of the                                           we are
        to        to

                                                  la this       the      in a,
      on                                the                   we
             In         the                      of the NAFTA          and
 in          the                for

      He                 the                    of       and
         in     to           the      a       and                       of the
 NAFTA           We       the        of a                       in one or
           in     of                      A                would
            as:               and                    to       and
 fee                                             to               of       and
                              for the                 and
                  the       and, a        of               and
      at the                  These        should be          as        of
                and be        as the first to be        by the     NAFTA
            They       also      as          for       NAFTA

      The                in this       and In our               on
         are                In        the current               ie. the        .
                                    (BECC) and the North
                 to      and         a                       the       The
 Board      Its         to the             in             as a        of the '
 BECC and of the           We.are        at                to       our
                and to       any              you

 Sincerely,
                            '             Executive
'                                         Financial

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                                                   Board
                               of  the
                            .  Report on
                          a  Viable  Finance  Program
                               for the

           Border  Environmental  Cooperation  Commission
                                  /
                               and
                 North  American                Bank

                                     the

               North            Free Trade
      In 1992, the Environmental         Advisory Board (EFAB)         to
       the        of          environmental infrastructure       the
        border in        of the Administrator's efforts to      In the
negotiation'and        of the North American Free Trade
'(NAFTA).  The                the            for this       to the
                       The          has      four       on
which the      has          This is the fourth      in that

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SUMMARY
      In a                       to the                   Trade
          (NAFTA), the United      and       created a           to
                                               the         The
                  a             of             of            and an
                     of call                      has, in two
             for the          of      funds to the                to
      it is                                               funds are
         at         a 2:1 and 3:1      the NAFTA      will
        S6 and $9       to
            the U.S. -

           is an        of       historic
          Is  at       to               a
                          The              to
      not be

      To     this                        the full                 of the
                    by the NAFTA     be         To do so
                      to help
           to                      will be         on a sound
                        will         the                         of the
NAFTA           and             to     up the
is the       of this

      The                      - as its              - the
          of the                                      to
the      a      and               structure for the  NAFTA
           the                       the                  of a
               in    or more      in      of
         These                   be          as       of
        and            be        as the     to be        by the
NAFTA                         should          as the           for aE
future NAFTA

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      Under the bilateral                the              for
                            Is                         binational
the                                 Commission (BECC)     the North


      The     agreement         the BECC as an                      Is to
work with              to                                              .
projects. The BECC's role will be to           the                and
         of              and     to         them for         to the
                    will      a           binationai       of directors on
      the              will serve.      BECC will consult      an
                 of which nine         will come                     The
       of                  as well as                  and          on
proposed        will be

      The              be                a four year
             of         from the             and Mexico and     an
                        of callable             each.               of the
            will be     to finance
with the balance      available for                                 The
      purpose of the NADBank is to      "as                      "certified"
by the BECC. The          Is to     a                  three from
         It is              the              will      as one of the U.S.
         of the           In         for the          of      or
        by the BECC, it  Is                 the U.S.               to the
         will be           in           with the            of the
         Committee on                        and                  as
           by                              of         14,1966, and that for
              the                       be a         of the National
                    This         committee was       to coordinate U.S.  *
       for

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      The                                   to the
                                   in the                      be
                                            by                   who  .
            the         and should be       to      or       control.1'
This             Is               to the                  of
BECC/NADBank             to the            of

      The                               the BECC and the          is to  ,
      an                                         wMcfa
                      fee
are controlled by,                                      for        costs
    revenues will        both
                  ?

     •     is an                       It not              the         of a
                   in        but the         of new         of
            as

      To            this          the                       the          *
                 to be            as      as
         i
      1.  The      must       a     of         and
            the         to                legal                    are
         to           fee
     would      as       the               for a            if the
            is to be      or as the                         if the
                           is to be                            the
                                  to       a           to      an      or
to       the                                 The
                to                           areas as
             (SFCs).            of             SPCs are       or
          be       with the

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            A. to         the                of         an


            B. to       user fees     to         the
                     for

            C. to                              are to be
                                  of

           are                          autonomous          They are
      function         Their financial            is          to the use of
a highly        set of      They do not        any                to tax, nor
the        of any              to

      2.      BECC                                  to           the
of       to be         to
to                                    for                     are
absolutely critical                        not be           in
                                        any environmental infrastructure
       still                water
of both                                   - no matter how
             be         to      which are                             to
                                    the                 of
                  to the quality of the       and to the              in the
basic quality of life which                     the                    all be
               of the                would be for a new       to provide
unnecessary, or                     at              the
user      not                       be                   resources would
be        and the                                   by the       for the
                   be

      3.  The BECC                                            for three


            A. to               and                       to         the
                    A                  of

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            facilities in Mexico are not functional; primarily due to the lack
            of trained.personnel.                   (

            B. to train financial staff in the areas of collections,
            payments, budgeting, rate setting, capital planning and debt
            financing. This is           critical.  These skills      in the
            border region, but are in short supply in the field of
            environmental infrastructure.

            C to train administrative staff in the areas of customer services,
            personnel,, training, and general management.

      If users are required to pay     then they must be furnished with
reliable and quality service. And, for an SPC to be creditworthy, it must have
sound management. In the long term, Mexico must look to the establishment
of university-level training programs for          and administrators of
SPCs in the water, wastewater and solid waste fields.  In the short term, it can
look to  the U.S. Environmental Protection Agency  (EPA) for technical
assistance.  The pilot Environmental Finance Center at the University of New
Mexico can      as just      a resource.  In addition,
arrangements, with American pubEc utility districts could also be organized, as
could contracts for management services with private companies. These
programs must be developed to assure that the new autonomous SPCs will have
      of qualified management candidates.

      4. The BECC must assemble a binational team of experts and charge them
with the         of identifying the      and administrative       which
must be          to assure the integrity of the new financial       which
the SPCs wiE employ. Good management is essential to good credit, but. is not
the only requirement In a market-based financing system, a legal nexus must
     between the     paid by a system's      and  the payments       to the
system's creditors. Pledges of system funds must be constitutionally
enforceable. Lenders must have an absolute legal right to any fees pledged to
them. Furthermore, there must be legal mechanisms in place to assure that
     funds, once collected by a system, duly make      way to the
creditors.  -In this regard, efforts must be made to identify what statutes,

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       to the U.S.               Act of 1           be        or          to
                         will be                               are
                      the             the criminal.                 or other
                       must     be     to      the                  by
traditional          trustees,              agents.

      A                        be      as to
                              In       for                     as
                             can be      by,                 *or
        to the                                SPCs.

      In          the  Mexican             must            be
     both the     of            the     of quality of the        to be
         by the                   Its           for
(SEDJE5OL),        has the                        totassure the        of
         It                       on an                                  to
control pricing. But to the extent                   are not       the BECC
                    *
       put its         at the         of the Mexican            in
                                    \
      policy

      5.' The                  the         of a                    of
                               at the            of the
                             to
     waste        are to be               be          of               The
nature of the         most be fully           and the       of        fully
                     be     of the                            be
to the fact that the                           to the       of
            to a                         in the             of
      must            the         for             and
be       on a                                               the
the             to             for               or
new customer               which trie SPCs must       and

      6. the BECC must retain an             'financial        to       it,
at the          to       a                       to fully         the
                     On a                 the                can

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the board on          which      In the NADBank"s          the lowest
                                    for the          of all
projects.

      7. The EPA Administrator should        the Environmental Financial
               (EFAB), or                         to         the
          of the BECC in      to

            A. that the BECCs                     are

            B.  that the NADBank will remain solvent;

            C. that a                       is             to     all
                                                    the         ands

            D.     the U.S.            will not be      to           any
                         for the                                in the
            bilateral
      The         of a sound    secure financial        for the funding of
                                 the               a                 In
        to the        of the         and                        and the
enactment of                    and
        the                  of
                                      It will     be          to
a                             to         high       of        that
                 are         to                           of viable


      In      to marshal the                  to               task,  the
                              the        of a
         one or          or                               not be
on an              nor       the                  be        to
          nor the                and                    be         in

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a vacuum.  The                                       the       are
                                   be      to                       can
serve as models for others. Once           have been identified, the
         of the                 be         to      a          program
with           as        so     the
                     by the NAFTA will      an
and so     the              in the     few                  can be
              to the many                    in the

      The                of the      and the NADBank is to
                     all viable environmental projects       the U.S.  -
                                                             a
financial structure     strong                   this           will never
be                   the               of the           be the
                 of                        in      to       the
of     the             and                 will be
         to      ail of the                    of the

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