ACTION MINUTES

2002 FALL FORUM

Nuevo Laredo, Tamaulipas
November 21-23, 2002

 LIST OF ATTENDEES

NOTE: The Action Minutes represent a summary of the presentations and actions made at the Border Legislative Initiative meeting in Nuevo Laredo, Tamaulipas.  If you have any specific questions regarding any of the presentations or would like to receive a verbatim copy of remarks, please contact Edgar Ruiz, Program Manager of the Border Legislative Initiative, at (916) 553-4423 or by e-mail at eruiz@csg.org 

Friday, November 22, 2000

The meeting was called to order at 8:30 a.m. by Assemblywoman Charlene Gonzales Zettel (CA), Chair of the Border Legislative Initiative (BLI).  Diputado Enrique Cardenas Del Avellano, President of the Tamaulipas Legislature, Assemblywoman Zettel (CA) and Senator Jeff Wentworth (TX), Vice Chair of the BLI, welcomed everyone to the forum and made brief opening remarks.   

SPECIAL GUEST

Tomas Yarrington, Governor of the State of Tamaulipas, opened the forum by making a brief speech and welcoming all of the participants to Nuevo Laredo.  Governor Yarrington stressed the importance of having an open dialogue among state legislators on important bilateral issues for the development of the border region and the strengthening of the cooperative relationship between the two nations.  A verbatim transcript of the Governor’s speech is attached for your review.  See attachment #1. 

CONSENT CALENDAR

BLI members approved the items on the consent calendar.  The items included the action minutes of the July 2002 BLI meeting in Lake Tahoe and program staff’s activity update. 

WATER ISSUES ALONG THE U.S.-MEXICO BORDER

Cloud Seeding

Staff presented members an informational report on cloud seeding, or weather modification, for the members review.    Participating legislators briefly discussed some of the concerns with cloud seeding operations including costs and effectiveness.  Senator Wentworth stated that cloud seeding operations had existed in the state of Texas for a long period of time.  According to Senator Wentworth, resent analysis of cloud seeding operations in Texas revealed that the average lifetime of clouds increased from 58 minutes to 109 minutes, representing a 77% increase.  Also, the average area of clouds grew from 50 square kilometer to 98 square kilometers, an increase of 60%.  Moreover, the average volume of a cloud increased from175 cubic kilometers to 400 cubic kilometers.  All of this resulted in a 77 % increase in precipitation. 

Senator Wentworth noted that these statistics were collected from 1,031 seeded and identified clouds in the State of Texas in 2001.   Of these clouds, 174 seeded clouds did not yield data to run the program.  A subtotal of 857 seeded clouds were available for evaluation.  Senator Wentworth concluded that cloud seeding cannot form clouds, however it can make certain clouds increase precipitation.

Open Discussion on Water Issues

Dr. Rick Van Schoik, Managing Director of the Southwest Center for Environmental Research and Policy (SCERP) facilitated an open discussion on water issues affecting the border region.  Dr. Van Schoik began his presentation by provided members an overview of the SCERP.  SCERP is a consortium of five U.S. and five Mexican universities that serve U.S.-Mexican border residents by applying research information, insights, and innovations to environmental challenges in the region.  It was created in 1989 to initiate a comprehensive analysis of possible solutions to acute air, water, and hazardous waste problems that plague the United States-Mexican border region. 

The consortium works closely with the U.S. EPA/SEMARNAT Border XXI and 2012 programs and other organizations in the United States and Mexico.  It has the multi-fold mission of conducting applied research on the environment, outreach, education, policy development, and regional capacity building for border communities.  SCERP addresses issues that pertain to the rapidly deteriorating border environment, strives to protect and enhance the quality of life of border residents, and works to support the educational mission of SCERP's member universities.  These universities include Arizona State University, New Mexico State University, San Diego State University, University of Texas at El Paso, and the University of Utah in the U.S., and El Colegio de la Frontera Norte, Instituto Tecnológico de Ciudad Juárez, Instituto Tecnológico y de Estudios Superiores de Monterrey, Universidad Autónoma de Baja California, and the Universidad Autónoma de Ciudad Juárez in the Republic of Mexico.

Dr. Van Schoik talked about the importance of water and its linkage to air quality and health.  He stated that global climate changes are going to make droughts in the border region more dramatic in the future and that it may experience longer periods of drought.  He urged legislators to start planning for the future and expressed upon the need to develop collaborative solutions. 

Dr. Van Schoik stated that the U.S.-Mexico border population, based on recent projections, is likely to double from 12.5 million to 25 million residents in 25 years.  According to Dr. Van Schoik, most of the population growth along the border will occur in Mexico, especially in urban areas, because of demographic momentum and youth.  He showcased the City of Tijuana in Baja California as an example of a border community that is rapidly growing and is expected to surpass the County of San Diego’s population of two million in the near future.

Dr. Van Schoick further stated that adding to this growth is the increased competition for water and water quality among a variety of users including agriculture, urban and industrial.  Moreover, the decreased supply of surface water has driven many border communities to use large amounts of groundwater.  Dr. Van Schoik warned that when ground water is pulled, there is a risk of contaminating it and depleting storage for future use, as well as other environmental impacts.  He stated that overused groundwater supplies need to be recharged.  

Dr. Van Schoik stated that the U.S. and Mexico are models of cooperation and briefly talked about the role of the International Boundary and Water Commission (IBWC) that delineates the water boundaries and solves issues of the Rio Colorado and Rio Grande rivers.  However, Dr. Van Schoik said that one of the problems under the exiting binational water mechanism is that the 1944 Water Treaty between the U.S. and Mexico only addresses surface water and not groundwater issues.  According to Dr. Van Schoik, this is due to states having jurisdiction of water quality issues and the federal governments having jurisdiction over water quantity. 

Legislative members openly discussed a number of concerns on the issue of water, including ongoing water disputes and lawsuits among western U.S. states.  Dr. Van Schoik stated that issues between states need to be resolved before the U.S. and Mexico can move towards a transboundary water solution.  He also stated that Mexico is taking formidable steps to better manage their water supply, including active conservation efforts, investing in infrastructure to manage water more efficiently, working actively with the agriculture sector, and implementing water rates in the urban areas.  Furthermore, Dr. Van Schoik mentioned that appropriate technologies could be utilized to address short-term water needs and make them maintainable and affordable.  These technologies include cloud seeding, planting of native and non-native trees, and using wastewater and utilizing it as irrigation water. 

Dr. Van Schoik proceeded to conduct an exercise asking legislators to envision the future of the border region and its inhabitants under a scenario of maintaining the status quo.  Legislators responded by identifying several consequences including increased drought cycles, depleted groundwater basins, salt water intrusion into groundwater supplies, perpetual litigation, problems with air quality, increased border population without clean water, lack of sewage infrastructure, diseases, economic paralysis, increased shifting of water from agriculture areas to urban areas, the selling of water right to urban areas because of cost effectiveness, over development of communities, loss of life, and continued litigation between ranchers, environmentalists, and recreationist.  

After identifying these consequences, members focused on possible policies that states could implement to facilitate international cooperation and collaboration on water issues, foster education to increase consciousness of water, and promote science and technology.  Some members expressed the need to develop a comprehensive study or diagnostic of all the water supplies along the border before any conservation measure, infrastructure improvement, or proposal about recycling or education are conducted.  Others expressed the need to revisit the 1944 Water Treaty claiming it no longer is appropriate, as the water demands of the border region have dramatically increased and the supplies have been reduced, coupled with an intense drought.  Some suggested the Treaty should be reviewed from the context of regional watersheds. 

Adopted actions on water issues:

• Members agreed to re-examine the topic of water at the next BLI forum and directed staff to invite appropriate water representatives from the U.S. and Mexico federal governments to discuss the possibilities and limitations of revisiting the 1944 Water Treaty.

• Directed staff to investigate and report on regional watershed management systems.

ENVIRIONMENTAL ISSUES ALONG THE U.S.-MEXICO BORDER

BORDER 2012 PROGRAM

Staff presented members information and proposed comments on the draft Border 2012 Program of the United States Environmental Protection Agency (EPA) and Mexico’s Secretariat of Environment and Natural Resources (SEMARNAT).  The Border 2012 Program is 10-year binational strategy aimed at protecting the public health and the environment of the U.S.-Mexico border region.  The program attempts to bring together a wide variety of stakeholders to produce prioritized and sustained actions that consider the environmental needs of the different border communities.  The draft outline of Border 2012 was released for public review and input for a period of (60) sixty days.  Public comments were due to EPA and SEMARNAT by November 22, 2002. 

After a brief discussion and questions, the members adopted staff’s comments on the draft Border 2012 Program.   Staff submitted comments to U.S. EPA and SEMARNAT via e-mail and standard mail. 

BORDER STATES ENVIRONMENTAL EFFORTS

Oscar Hinojosa, General Director of Sustainable Development for the State of Tamaulipas, informed members of the environmental recommendations at the Border Governors Conference last July 21-22, 2002 in Phoenix, Arizona and provided an overview of the environmental priorities and accomplishments of the ten border states. 

The environmental recommendations adopted by the Border Governors were the following:

• JOIN THE EFFORTS OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), THE SECRETARÍA DE MEDIO AMBIENTE Y RECURSOS NATURALES (SEMARNAT), AND THE NORTH AMERICAN COMMISSION ON ENVIRONMENTAL COOPERATION TO FORGE AND PARTICIPATE IN A U.S.-MEXICO BORDER STATE POLLUTION PREVENTION PARTNERSHIP TO INTEGRATE POLLUTION PREVENTION IN ENVIRONMENTal PROTECTION. THIS EFFORT TO PROMOTE POLLUTION PREVENTION AND CLEANER PRODUCTION ANTICIPATES AN INCREASE IN ENVIRONMENTAL INNOVATION THAT RESULTS IN A CLEANER ENVIRONMENT AND STRONGER ECONOMY.
• WORK WITH THE ENVIRONMENTAL PROTECTION AGENCY (EPA), THE SECRETARÍA DE MEDIO AMBIENTE Y RECURSOS NATURALES (SEMARNAT), AND THE WESTERN GOVERNORS’ ASSOCIATION (WGA) TO DEVELOP PROJECTS WHICH IMPROVE AIR QUALITY IN THE U.S.-MEXICO BORDER REGION.
• IDENTIFY INTEGRATED STRATEGIES FOR WASTE MANAGEMENT ALONG THE BORDER, IN COORDINATION WITH APPROPRIATE FEDERAL AUTHORITIES, TO PROMOTE ADEQUATE MANAGEMENT AND RECYCLING, and to REDUCe HEALTH AND ENVIRONMENTAL RISKS.
• ENHANCE EMERGENCY PREPAREDNESS AMONG SISTER CITIES ALONG THE BORDER BY UPDATING OR DEVELOPING SISTER CITY EMERGENCY RESPONSE PLANS AND SUPPORTING COMMUNITY NEEDS FOR ADDITIONAL BINATIONAL TRAINING AND EQUIPMENT IN PREPARATION FOR CHEMICAL EMERGENCIES, FIRES AND EMERGING THREATS.
• PROMOTE THE DEVELOPMENT OF AN ENVIRONMENTAL STRATEGY FOR NEW ELECTRICAL GENERATION PLANTS IN THE BORDER REGION WITH THE GOAL OF PROTECTING AIR QUALITY, AND, WHERE POSSIBLE, CONSERVING WATER RESOURCES IN THE REGION.
• COORDINATE AND PROMOTE LOCAL OR STATE MANAGEMENT SYSTEMS TO CONSERVE AND OPTIMIZE WATER USE.

Mr. Hinojosa proceeded to provide a historical overview of the 10 State Environmental Alliance, as well as its priorities and accomplishments.

History of 10 State Environmental Alliance:

• The Secretaries of Environment of the 10 U.S.-Mexico border states met for the first time in Austin, Texas in November 1996 with the purpose of supporting the Joint Declaration of the XIV Border Governors Conference that called for the coordination between the environmental agencies along the border.
• Since 1996, the environmental agencies of the 10 states meet annually in what is called the 10 State Retreat.  Due to the increased cooperative activities, meetings take place three times a year and telephone conferences are conducted periodically. 
• The first meeting was possible due to financial support of the Ford Foundation and the Western Governors Association (WGA).
• In the last three years, it has also received financial resources from the U.S. Environmental Protection Agency. 

Priorities:

• Establish programs for the reuse, reduction, recycling and conservation of water.

• Develop a mechanism to share environmental information along the border, support the development of Geographic Information Systems (GIS) data bases, and foster the use of methods that enhance cross border collaboration.

• Develop a program for volunteers (including professionals) and establish an awards and recognition system.

• Collaborate with maquiladoras and other industries as a source of technology and exchange information.

• Develop strategic state-to-state environmental plans.

• Develop low cost, clean technologies. 

Accomplishments:

• In the last 10 years, the 10 states have worked on specific environmental concerns with federal representatives, binational institutions, and international organizations, of which have been heard and attended. 
• The 10 states have developed an alliance formed by individuals that have “walked the extra mile” to make a significant contribution for the betterment of the environment along the 2,000-mile border. 
• Requested a revision to the procedures to enhance the efficiency of the distribution of fund by the Word Bank to Mexican states.
• U.S. EPA and SEMARNAT have proposed a new environmental program named 2012 that incorporates the regionalization concepts established by the ten states.

Other accomplishments:

• It is recognized as the most efficient and organized Work Table of the Border Governors Conference.
• Have established Recycling Day along the border (November 15)
• Have established Water Conservation Day along the border (March 22)
• Have been instrumental in development programs that foster beneficial actions directed at the conservation, protection, and betterment of the border environment.
• The Southwest Center Environmental Research and Policy (SCERP) is taking into consideration and establishing research priorities based on the recommendations of the 10 states. 

Other issues:

Diputado Humberto Valdez of the State of Tamaulipas expressed concerns regarding the burning of stalk, or agriculture waste, near the border City of Reynosa, Tamaulipas.  Diputado Valdez stated that the burning of agriculture stalk by Texas farmers has had negative impact on the health and environment this border community.  Legislators agreed that this was a major problem and directed staff to include it as part of the Border 2012 Program recommendations to the U.S. EPA and SEMARNAT. 

Adopted actions on environment:

• Approved comments to the Border 2012 Environmental Program developed by the U.S. Environmental Protection Agency (EPA) and Mexico’s Secretariat of Environment and Natural Resources (SEMARNAT).

• Members directed staff to investigate and report on landfills or depositories that may contain hazardous and toxic materials along the U.S.-Mexico border.   

OVERVIEW OF MIGRATION FLOWS AND IMPACTS ALONG THE

U.S.-MEXICO BORDER

COLEGIO DE LA FRONTERA NORTE

Dr. Rodolfo Cruz Pineiro of the Colegio de la Frontera Norte (COLEF) provided members a comprehensive overview of Mexican migration patterns to the U.S., and focused on the need to develop an integrated migration policy between both countries. 

Dr. Rodolfo Cruz’s PowerPoint presentation included:

• A context of U.S.-Mexico relationship
• U.S. and Mexico population data, including diagrams on existing and projected populations along the U.S.-Mexico border
• Mexican migration data
• Data of deaths of migrants along the U.S.-Mexico border
• Information on new routes for border crossers
• Information on opinions of migrants regarding risks

A copy of Dr. Cruz’s PowerPoint presentation is attached for your review.  See attachment #2.

  Dr. Cruz stated that the U.S.-Mexico border region is a place of continual and complementary migration process.   Due to the demographic, economic, labor, and social factors, Mexican migration will continue at high levels.  According to Dr. Cruz, in absence of a realistic migratory accord between both nations, the migration flows will be conducted in disorganized, risky and vulnerable conditions.   Moreover, that the terrorist attacks of September 11, 2001, in the U.S. has affected the negotiation strategy for both countries on the issue of migration. 

Dr. Cruz’s presentation focused on the need to develop a migratory policy with an objective of protecting and orchestrating the orderly flow of Mexican migrants to the U.S.   According to Dr. Cruz, the elements of such policy should consider the following:

1.      Migration is associated to development and not to national security or sovereignty, and it is not entirely linked to the poor regions of Mexico.

2.      The respect of human rights.

3.      The regional components are basic, whether in the regions of exit or transit, particularly along the border.

4.      Should consider the demographic, economic, and social characteristics of Mexico.

5.      The congruence between migratory, immigratory, and transitional dimensions.

6.      The migration phenomenon is a labor reality and therefore it is necessary that Mexico not only produces more jobs but also create high quality and paying jobs. 

7.      Migration should be included in the U.S.-Mexico agenda as an integrated, basic component.

8.      Should adapt to the realities of migratory flows, provide order and transform the conditions in which it occurs rather than ignoring it.  For example, it should account for the migrant’s entry, stay, and links to home region, and eventual return to Mexico. 

CENTER FOR IMMIGRATION RESEARCH, UNIVERSITY OF HOUSTON

Dr. Nestor Rodriguez, Co-Director of the Center for Immigration Research at the University of Houston, provided members a brief overview of Mexican immigration patterns in the U.S.  He also focused on U.S. perception on Mexican migration.  

Where do migrants go?

Dr. Rodriguez presented statistics from the United States Immigration and Naturalization Service (INS) indicating that a total of 173,919 Mexican immigrants were admitted into the U.S. in the year 2000 through visas.  These statistics also included a break down of the top 10 states receiving these immigrants.  The numbers were as follows:

Mexican Immigrants admitted in 2000:  173,919

Top 10 States:

California:                     85,551

Texas:                          31,211

Illinois:              8,600

Arizona:                        6,301

Florida:             4,597

Washington:                  3,256

Nevada:                       3,120

Colorado:                     2,915

New Mexico:               2,717

Oregon:                        2,699 

Other “New” States

New York:                   1,883

Maryland:                     487

Georgia:                       2,099

Kentucky:                     164
Tennessee:                    504

Arkansas:                     606

According to Dr. Rodriguez, one of the unique observations of these statistics is the increased Mexican migration to eastern states in the U.S., especially in major urban areas such as New York, Boston, and Atlanta.  Dr. Rodriguez stated that Mexican immigration is affecting larger segments of the U.S. and not only the southwest.

Undocumented immigrants: 

Dr. Rodriguez stated that identifying the total number of undocumented immigrants in the U.S. is difficult, if not impossible.   However, he indicated that the best source and research, to date, on undocumented immigration was conducted by Dr. Jeffrey Passel of the Urban Institute in Washington, D.C.  Based on the Urban Institute’s recent statistics, there is an estimated 8.5 million undocumented immigrants in the U.S.  Of this, 55% are of Mexican origin. 

Dr. Rodriguez stated that the undocumented population is growing in the U.S.  Dr. Rodriguez cited resent immigration policies that make it more difficult to cross as one of the reasons that more migrants are staying.   Thereafter, Dr. Rodriguez provided some statistics on deportations and briefly talked about the 1996 Immigration Reform Act that reduced restrictions on the deportations of certain individuals, especially those with criminal backgrounds.   According to INS records, there were a total of 184,775 deportations to 173 countries in 2000.  81% of the U.S. removals were to Mexico.  

Open discussion on migration issues

Members engaged in an open discussion about migration.  The discussion was enhanced with the participation of Daniel Hernandez Joseph, Consul General of Mexico in Laredo, Texas who provided invaluable insight of the federal governments perspective on both sides of the border. 

Recommended actions on migration:

• Members agreed to revisit the topic of migration at the next BLI forum and directed staff to invite appropriate federal officials to discuss the status and possibilities of a migration accord between the U.S. and Mexico.

• Directed staff to draft a resolution on the topic of migration for members’ consideration at next BLI forum.

• Directed staff to investigate labor regulations and laws in U.S. border states related to claims of lost wages and injuries of migrant workers

BLI ORGANIZATIONAL ISSUES

Organizational Framework:

The members reviewed and unanimously adopted the proposed BLI Organizational Framework.  On July 17-18, 2002, at the BLI forum in Lake Tahoe, staff had presented a draft organizational framework for member’s review.  Staff requested members to provide suggestions and input by November 7, 2002. 

The Organizational Framework establishes the program’s structure, organization, and operation.  A copy of the adopted Organizational Framework is attached for your review.  See attachment #3.

Selection of BLI 2003 Chair / Vice Chair:

Senator Jeff Wentworth of Texas became the 2003 Chair of the BLI.   He served as the 2002 Vice Chair of the program.  By unanimous consent of all members present, Diputado Ricardo Arturo Castro Lopez of the State of Chihuahua, was selected as 2003 Vice Chair of the BLI.  Diputado Castro Lopez is the first Mexican official to be an officer of the BLI. 

Under the guidelines of the recently adopted organizational framework, the chair and vice chair positions of the BLI rotate between U.S. and Mexico border states.  Diputado Castro Lopez will be the program’s chair in 2004.                                                   

SUBSTANCE ABUSE:

Staff provided members a staff report with information on substance abuse prevention programs implemented along the U.S.-Mexico border, as well as information on substance abuse research and collaboration.  Staff also presented members, for their approval, a draft letter to the White House of National Drug Control Policy (ONDCP) and Mexico’s Commission Against Drug Addition (CONADIC) seeking legislative participation in Annual Demand-Reduction Conference. 

Recommended actions on substance abuse:

• Approved letter to U.S. National Office of Drug Control Policy and Mexico's Commission Against Drug Addiction (CONADIC) requesting ongoing collaboration and BLI participation in annual Demand Reduction Conference.

• Directed staff to continue to collaborate with academic institutions, governmental agencies and non-profit organizations on both sides of the U.S.-Mexico border to enhance coordination and cooperation on substance and alcohol abuse prevention, treatment, and research.

WRAP-UP:

Senator Jeff Wentworth presented outgoing BLI chair, Assemblywoman Charlene Zettel, an award for her outstanding leadership, commitment and guidance of the BLI in 2002.  All of the participating members expressed appreciation for all of her efforts and wished her the best in her future endeavors. 

Members also discussed possible topics for the 2003 Spring meeting in San Antonio, Texas including migration, AIDS, and health.  Members agreed that the issue of water and migration should be the focus of the next forum.  

ADJOURN  

NOTE: The Action Minutes represent a summary of the presentations and actions made at the Border Legislative Initiative meeting in Nuevo Laredo, Tamaulipas.  If you have any specific questions regarding any of the presentations, or would like to receive a verbatim copy of remarks, please contact Edgar Ruiz, Program Manager of the Border Legislative Initiative, a (916) 553-4423 or by e-mail at eruiz@csg.org 

Attachments:

1.      Governor Yarrington’s remarks

2.      Dr. Rodolfo Cruz’s PowerPoint presentation

3.      Adopted Organizational Framework