Summary of the Public Meeting of the Board of Directors of the Border Environment Cooperation Commission

September 30th, 1999

Summary provided by Brandon Vegter, Texas Center for Policy Studies

On September 30, 1999 the Board of Directors of the BECC held a public meeting at the El Paso Museum of Arts in El Paso, Texas. At the meeting, the Board approved the certification of three new wastewater treatment projects. For the cities of Brawley and Heber, California, the Board approved two wastewater treatment plants and expansion projects. The Board also certified a wastewater systems and water supply project for Roma, Texas. In total, the estimated cost of the three projects amounts to over $51 million of which $12 million will likely be covered by NADBANK grants.

In attendance for the Board were Chairman Ygnacio Garza; U.S. directors John Bernal and Lynda Taylor; Gregg Cooke, from the EPA; Mexican directors Dr. Jorge Bustamante, Guadalupe Osuna, Rogelio Ramos and Arturo Herrera; as well as director Guzman, on behalf of SEMARNAP. BECC's General Manager Javier Cabrera and Deputy General Manager Pete Silva were also present. The general audience was comprised of approximately 50 members of the BECC staff, the public, members of the BECC advisory council, as well as government officials from both sides of the border.

Following approval of the meeting's agenda, the previous meeting's minutes, and a brief executive committee report, Leo Valdes, American co-chair of the Advisory Council, presented recommendations to the Board. Mr. Valdes announced that a work plan had been adopted by the Advisory Council, but added that it would be presented at a later date after further discussion. Among other items, Mr. Valdes also read from a letter written by Maria Josefina Guerrero and Manuel Flores of the Advisory Council, which was directed to the Board. The letter asked why projects in the state of Coahuila, Mexico were being deferred. The letter pointed out that at least two problems with the project in Piedras Negras were being addressed. These problems include holding a second public meeting and conducting an environmental assessment. The letter concluded by asking Board to move forward as early as November to approve the projects once the problems were addressed. However, after the letter was read, director Cooke from the EPA voiced concern that November would be too early for Board to meet, in light of the 30-day waiting period required for public comment.

The Board then proposed December 1st or 2nd as the earliest possible dates for its next meeting. Afterward, Director Ramos emphasized that the projects in Coahuila are important to their communities and voiced regret that the people will have to wait unit Dec. 1st. Director Guzman of SEMARNAP also encouraged the administrative process in Coahuila to move forward as soon as possible.

Next on the agenda was the 2000 Budget Report in which Pete Silva mentioned that both the Senate and House subcommittees straight-lined the BECC's request for funding. This limits the BECC to its current funding level of $1.54 million for FY 2000. Mr. Silva also mentioned that the Border Construction Fund was cut by Congress from the EPA's original request of $100 million to $50. This cut hurts the ability of NADBANK to assist BECC projects. After Mr. Silva's presentation, Lynda Taylor lamented that the cuts limit the BECC's ability to fulfill its mandates (especially its solid waste program) and added that a workgroup session should be devoted to how BECC will fund its technical assistance programs in the future.

On a brighter note, the Board of Directors recognized Edgardo Davillo as the Employee of the Quarter.

Following the award, project manager Salvador Lopez presented the details of the Brawley wastewater project to the Board. The Brawley project was the first of three projects presented to the Board. A summary of Mr. Lopez's presentation can be found on the BECC website at http://www.cocef.org. Mr. Lopez noted that the service population of the city of Brawley was estimated at 21,000 in 1998 and is expected to increase to 35,164 by the year 2020. This expansion will place significant pressure on the city's existing wastewater treatment plant (WWTP) to provide service to its residents. The city has already received a Notice of Non-Compliance from the California Regional Water Quality Control Board for discharging treated effluent that exceeds the plant's design capacity. Mr. Lopez stressed that the current project expects to satisfy Brawley's wastewater treatment problems. By expanding the existing capacity of the WWTP from its current average daily flow (ADF) of 3.9 million gallons per day (mgd) to a new capacity of 6.0 mgd, the BECC project should fulfill the city's water needs through the year 2007. The upgrades to the water distribution and waste water systems are expected to cost $13,561,683. Of this total, the city of Brawley will contribute $5.6 million, while the remainder of the cost will come from USDA, EDA and NADBANK grants totaling approximately $8 million.

Mr. Lopez said the project met all of the BECC's certification criteria, including the community participation criteria. A five-member local steering committee was created for the development and implementation of the public participation plan. In addition to the two public meetings required for certification, the steering committee held 12 more meetings throughout the city. Mr. Lopez concluded his presentation by mentioning that the Brawley project will be cost effective because it is the 1st phase of a 4-phase capital improvement plan.

After the presentation, Lynda Taylor asked what water conservation measures the city plans to take in the future. Mr. Lopez responded that the water conservation plan created by the BECC's consultant, WESTON Inc., proposed several alternatives to existing fees including installation of water meters, passing irrigation ordinances, public education, and charging service fees. The City of Brawley and the EPA are currently discussing which measures to adopt. But Mr. Lopez indicated that the city would most likely install water meters or charge service fees. Director Bustamante then stressed the need for greater water conservation in Brawley by pointing out that the existing Average Annual Demand (AAD) of 7,493,392 gpd is approximately 8 times the average consumption of water in comparable Mexican cities. After receiving letters of support from Cal BECC and listening to the representative of the City of Brawley, the Board approved certification of the Brawley project despite questions about the city's water conservation plans.

Next, Mr. Lopez presented the Heber water treatment plant expansion project to the Board. The Heber project consists of the expansion and improvement to the city's existing water treatment plant and upgrades to its water distribution and wastewater collection systems. Total costs of the project amount to $4,261,100, which will likely be covered by a $1.1 million dollar loan from the USDA and $3.1 million dollars in grants from the USDA and NADBANK. Improvements to the existing wastewater collection and distribution systems will address the California State Department of Health Services (DHS) 1995 citation that found corrosion in the clarifiers and other equipment, which needed to be replaced. Mr. Lopez also said that the project met all of the BECC's certification criteria, including the community participation plan. A nine-member local steering committee was formed to implement the plan and after holding two public meetings attended by approximately 80 people, the steering committee intends to keep serving the project to meet post-certification criteria. According to Mr. Lopez, the Heber project also meets BECC's sustainable development criteria because the city has proposed adopting water rates based on an increasing scale rather than the existing flat rate.

During the period allotted to public comment, representatives of Heber issued thank you's to the BECC's Board and staff for the pending certification and Ricardo Martinez presented another letter of support to the Heber project on behalf of Cal BECC. Afterwards, the Board approved the project without questions or comment.

Adolfo Urias then presented the final project for certification by the Board. The city of Roma, Texas requires expansion of its waste water systems, which provides service for the population of the city that is approximately 10,000 people as well as another 10,000 people that live in colonias outside of the city limits. The project consists, therefore, of improving water and sewerage services to 68 colonias located within and outside of the city limits. The project is estimated to cost a total of $33,977,640 of which approximately $4 million will come from NADBANK grant funds for construction assistance. Mr. Urias mentioned that the project met all BECC certification criteria, including the community participation and sustainable development components. The local steering committee held two public meetings, which were televised locally, and information was made available to the public at the City Hall. The BECC staff found the city's current graduated water rate to be sufficient to cover the projected sewerage expansion as well as to encourage water conservation. The NADBANK has yet to determine the adequate BEIF transition assistance, although it recommended potentially funding the project with $2,699,185 dollars.

After hearing Mr. Urias's presentation, the Board opened discussion to public comment. Keith Kendall, project developer, noted that the local steering committee would continue to work with the project through post-certification. Jorge Garces, from the Texas Secretary of State's Office, encouraged the Board to certify the project. After these comments, the Board certified the Roma project without question or comment.

Alfonso Zamora then presented a technical assistance report to the Board. Mr. Zamora's report highlighted the differences in technical assistance provided to the U.S. and Mexico. In 1995 and 1996, a majority of the BECC's assistance was directed towards Mexico. This trend changed in 1998 as U.S. grants totaled more than $4.8 million. In total, however, Mexico has received $7.86 million dollars as compared to the U.S. total of $6.95 million. According to Mr. Zamora's report, this trend continued in 1999 as Mexico has received 69% of the total technical assistance compared to the U.S. receipt of 31%.

Lynda Taylor also presented a report on sustainable development in which she highlighted the need to integrate measures of sustainability into guidelines and procedures for the BECC staff. She said the high recognition program was now working. This program will help introduce issues of sustainability into discussion of BECC projects. Director Herrera voiced concern over how the program will work in Mexico and added that the BECC will need to work with SEMARNAP to integrate the plan. Javier Cabrera responded by saying that the workgroup will incorporate ideas of both countries that are developed through the process and will deal with problems of water consumption through establishing guidelines.

After this discussion, the floor was opened to comments on other issues. At this point, Director Bustamante reissued a request for the Board to send a letter to the U.S. and Mexican agencies involved in the construction of a 27-kilometer road along the Tijuana/San Diego border. Dr. Bustamante intended the letter to ask two specific questions. First, was a study of environmental impact conducted on the runoff effects of the road for Mexico? Second, was the environmental impact assessment (EIA) shared with the proper authorities in Mexico? Dr. Bustamante indicated that a non-governmental organization in Tijuana first asked him to draft the letter. During discussion of Dr. Bustamante's request, however, it became evident that the majority of the Board opposed writing the letter. EPA stated that the EIA was conducted and that at some point it had been sent to Mexico. Dr. Bustamante, however, continued to press the issue by insisting the BECC should encourage public participation in government projects and that SEMARNAP and EPA need to develop mechanisms of providing information across agencies. Javier Cabrera voiced concern that asking for responses from government agencies should not be a preoccupation for the BECC and writing the letter could create more work for BECC staff. Lynda Taylor mentioned the problem in the Sierra Blanca and the problems of soliciting information from both environmental agencies. However, she voiced reluctance to writing the letter and instead encouraged holding a work group meeting to discuss the matter with staff. Bustamante insisted repeatedly that he was only asking the Board to act as a vehicle to obtain information, not to take a position on the matter. Director Bernal began to close the discussion by voicing concern that there are other agencies designed to address the problem and that writing the letter sets a precedent. Mr. Bernal was opposed to establishing the precedent and did not favor writing the letter. Finally, Director Cooke of the EPA made a motion to defer writing the letter until the BECC established a policy for writing letters of inquiry in a future workshop. The Board adopted the motion to table Bustamante's request with Bustamante's opposition.

The meeting closed with few public comments. Gerry Santain of Brawley encouraged the BECC to look at a solid waste project for his city. He felt the BECC could parlay wastewater and water project successes into a feasible solid waste program. He also noted that the city of Brawley would request help from the BECC in the future.