EFAi Chair a Bxnostif® Dkirt or E A THE This report has not been reviewed for approval b\B the U.S. Environmental Protection Agency; and hence, the views opinions expressed In the do not necessarily represent those of the Agency or other In the Government, ------- R Honorable Carol M. Administrator US. 20460 Dear Browner: On of the Environmental Board (EFAB), we are very to to you the EFAB Report, the Finance of the North Free Trade This serves as a up to a 1993 Board on environmental the HS./Mexican that we to the and of NAFTA, la. this the Board finance to the of the NAFTA side for border We that purpose or should be in Mexico to infrastructure and that the of such be based on to the greatest The will and sound to evaluate the of projects. The should be to participate in for the borders leveraging for Furthermore, we in the billing be as a viable to for the water and wastewater services. The recommendations are timely in the binational ie. the Border Commission and the North Bank (NADBank)f to and maintain a the The Board offers its to the in as a of the BECC and of the the of for and the of funding . We are at to discuss this and to provide any you may Sincere!1 U-Wiessmann Environmental Executive Director, ' Board Advisory Board ------- Report of the Environmental Financial Advisory Board of the United Environmental Protection Implementing the Environmental Finance of the North American Free Trade Agreement In 1992, the Board approved a report ("the 1992 Report8') of the International Committee ("the Committee") to the Administrator regarding the financing of environmental infrastructure along the Mexican Border. The 1992 Report was intended to assist the Administrator in her efforts in support of the and approval of the North American Free Trade Agreement ("the NAFTA" or "the Agreement"). Subsequently, the NAFTA was, in fact, approved by the governments of the United and Mexico.' In its final form, the NAFTA contains a side which addresses-the financing of environmental infrastructure the border. The side agreement a is to be funded at a level of 8450,000,000 an S2,550tOOO,000 of call If these funds can be at only a 2:1 rarior iiiejgjHji||J^^ for environmental infrastructure along the border. At a 3:1 be ov^r, S9.00Q.OOO.OOO available. Since official estimates of are in the S3 - 7 billion range, this means jhat the prpjegted fimdfflg_sjgojiid_be by the NAFTA.. This is an event of truly historic in ------- the to a on a basis. . the NAFTA has the Committee resolved to issue a follow-up -report dealing with the environmental in the \ TMs has The the concerning the NAFTA the two reports. The second section contains six to the in of the she will in the of the NAFTA. The six * That or be in Mexico to deliver environmental infrastructure services. * That the financing of such districts be based, to the greatest extent on fees. ' " * That the user fees for water and wastewater be the the end non-payment of any of the user would be grounds for the of to the * That, to the the of the sector be used to pay for environmental infrastructure projects along the border. * That, in determining the role of the in the to the the utmost consideration be given to private sector means of leveraging the funds, of the of the and for ------- * That the first order of In financing environmental infrastructure the border should be to create realistic sound credit criteria for the financing of projects on behalf of special purpose districts. In addition to the six recommendations, the Committee sgryige^..tp,..thg_Administrator to assist.,her h environmental infrastructure projects alongthe Mexican border. SKTIONONE The 1992 Report, after referred t© the Admtnisnator, one of resource for an group formed by Dr. Alice M Rivlin, Deputy Director of the Office of Management and Budget, under the leadership of Jeffrey R. Schafer, Secretary of the Treasury for International Affairs, to advise the Administration on the environmental finance aspects of its negotiations with the Government of 'Mexico on the NAFTA. The NAFTA were concluded and the was signed by the Presidents of the United and Mexico. The President of the United then submitted the Agreement to the for ratification. On November 17, 1993, the U.S. House of Representatives voted to approve the Agreement. Anticipating a favorable vote, as weM, in the United Senate (which, in fact, occurred on November 20, 1993), the Committee convened in Washington, D.C., on November 19, 1993, to formulate advice to the Administrator on the implementation of the environmental of the Agreement. At its meeting, the Committee heard presentations from Jonathan Z. Cannon, Assistant Administrator for Administration and Resource Management of the U.S. Environmental Protection Agency (USEPA); DT, John E Petersen, President of the Government Finance Group, Inc.; Congressman Jim Kolbe of Arizona; Jeffrey R. Schafer, Secretary of the Treasury for ------- International Affairs; E. (Kika) DeLaGarza of Texas, Chairman of the House Agriculture Committee;.Mario Aguilar, General of the for Development (SEDESOL) of the Government of Lynn Fischer,'Policy Analyst, Natural Resources Defense Council; Lawrence I. Sperling, Senior Attorney-Advisor, International Program, of Enforcement, USEPA. . The Committee has reviewed the Agreement and makes a of observations and recommendations to the Administrator concerning the implementation of the environmental finance aspects of the accords. The Committee notes that under the NAFTA, the responsibility for environmental infrastructure pursuant to the was divided two "new binational agencies, the Border, Environmental Commission (BECC) and the North American (NADBank). The Agreement envisions the BECC as an agency whose respoesibiHty it is to work with communities to generate needed environmental infrastructure projects. The BECC's role will then be to coordinate the planning and financing of projects-and then to "certify" them for 'funding to the NADBank. The BECC will have a ten-member binational board of directors on which the Administrator will serve. The BECC will be required to consult with an 18-mem.ber Advisory Council, of which nine members will come from each country. The NADBank will be capitalized with 5225,000,000 of.cash each from the United and with an additional SI,275,000,000 of callable from Ninety of the banks funds will be to environmental infrastructure projects. The purpose of .the NADBank is to fund, "as appropriate", "certified" by the BECC The NADBank is to have a six-member board, three from each country. It is that the ------- will as one of the U.S. of the NADBank. In for the of or by the it is also the U.S. to the Witt be in the of the National Advisory on Financial as established by 11269 of 14, and for the be a of The it are two of the to the to the environmental infrastructure should be financed by the sector,...". The "that, to the in the be by who from the projects, and should be to or private control". In the 1992 the recommended that the of the border, to the extent be on It on be as the to projects. The Committee notes the to the for fee the In the 1) the BECC the of (or in the of as the by which are the NADBank! 2) to the be the of such At the 19, the the of Dr. to be an and of and for in the Dr. ------- also law, the for of Is of It is not to for The in the border with nor service was little or no of paying for and for were to random on a in to a for districts, the 3) That the user for water and wastewater be the biffing and system, to the end the Committee that both the and the to the eaU for the involvement of the sector as far as Is The Committee, reiterates its 4) to the the of the be to for the border. In this the noted that the NADBank is with of cash and of In with the 1992 in to the of the and die the will in to be the 5) That the be to of Insurance or of supplemental Private capital, ------- The Committee noted most importantly that if the of the NADBank can be at a 3:1 or even 2:1 ratio, all of_the_estiinated-S - 7 jnfgggtructure itgegjs_a|pjigjiie_bgi)rdert TMs would be an event of truly Mitoric not only for the United and Mexico, but for the entire international effort to improve environmental quality. eac ndiidua an Finally s the Committee observes that although the BECC iss on the one hand, required to "certify" projects to the NADBank, the NADBank is, on the other hand, only required to fund such projects "as appropriate". The Committee noted several instances where there, were organizations where the loan origination function was not well coordinated with the loan approval function. When this happens there can be grave problems, to a context such problems can be readily ..dealt and But, the NAFTA is a political issue, as are the environmental on the border. The BECC the NADBank were for one purpose only: to provide a solution t© problems. The public will high expectations that the BECC/NADBank will, in fact, solve many of the problems. Therefore, if there is any conflict between the credit criteria of -the BECC and the credit criteria of the NADBank, men there could be very serious political repercussions that will not be easy to resolve. This is espedaljy significant «toce the Administrator will serve as a director of both .the and.the,,fc|[ARBank. and will be a member of the Natioqal Advisory Committee wjjjcJiJnstiTicjg_diejJ.S. difgg|ois_of the N, ADBanfc wjth respect to their votes Si as well. The Committee recommends, therefore, that these matters be addressed before they become problems: Therefore, in order to assure a smooth working relationship between the two the first order of should be the development of realistic sound which the BECC, the NADBank and the MAC aE on criteria are ------- it is In the of all be in a as the of the In this ways the dollar of will be to be financed and the maximum amelioration will the of the NADBank. To this the 6) as Its of the for the of on of districts in order to the greatest dollar of environmental projects to be by the of the NADBank. In the to the the the creation of sound credit, criteria for NADBmtk loans, the lQ£ll|^taffl.^^^^^^n,,^^^^L8^ffl^^^S.,^££^^^Q..^ » for any further or efforts she in this In the the NAFTA is one of the of for the in the Twentieth Century. It that the of the if implemented, will the will enjoy a of Improving the Committee the as its to in the of die |o the of to the 8 ------- |