MTI Report 01-06


NAFTA II:
California Border Zone Land Transportation Issues



George E. Gray, Principal Investigator
Norman Kelley, Research Associate



September 2001


publication of the
Mineta Transportation Institute
College of Business
San Jose State University
San Jose, CA 95192-0219

Created by Congress in 1991

 

FHWA/CA/OR-2000/10

TABLE OF CONTENTS

EXECUTIVE SUMMARY 1

STUDY ORIGIN 5

CURRENT CONDITIONS 11

REVIEW OF BORDER LAND TRANSPORTATION

ISSUES 41

DETERMINE RESOLUTION ALTERNATIVES 51

PUBLIC TRANSPORTATION AT THE BORDER 61

CROSS-BORDER ADA INTERFACE 65

CALIFORNIA HIGHWAY ACCESS TO TIJUANA

INTERNATIONAL AIRPORT 67

CLEAN AIR ACT COMPLIANCE 69

GSA OFF-SITE AUTHORITY 73

SOUTHBOUND INSPECTION REQUIREMENTS 81

PIPELINES OR OTHER STATIONARY FACILITIES 83

STUDY SUMMARY 109

APPENDIX A 113

APPENDIX B 115

APPENDIX C 119

APPENDIX D 127

APPENDIX E 135

APPENDIX F 139

BIBLIOGRAPHY 145

ABBREVIATIONS AND ACRONYMS 149

WEBSITES 153

ABOUT THE AUTHORS 155

PRE-PUBLICATION PEER REVIEW 157

 

LIST OF TABLES

11-1 Preliminary Assessment of Potential Increase in Mexico Imports by Slurry Pipe

11-2 Characteristics of Modes

App.C Problems, Needs, and Corresponding Potential Solutions and Related Benefits

 

LIST OF FIGURES

2-1 Intermodal Corridors of Economic Significance, District 11 -

San Diego County

2-2 Intermodal Corridors of Economic Significance, District 11 -

Imperial County

2-3 North/Southbound Pair Alternative 2

2-4 Border Trade Corridors

2-5 State Route 905: Construction Phases

2-6 State Route 125 Progress

2-7 Border Projects Master Schedule - District 11

2-8 Border Transportation Issues, Events, Responses

11-1 Imports from Mexico for Pipeline Transportable Commodities

11-2 Mode of Transportation

EXECUTIVE SUMMARY

The body of this report is organized and presented according to the study process, as outlined in the study prospectus. As a result, the observations and recommendations are presented in the late chapters of the report and may not be as prominent as desired for maximum impact. Therefore, for the benefit of executive decision makers, this executive summary is formatted with the key recommendations presented first. This provides the most direct access to the information of major interest to management. A brief commentary on the study process is also included for those wishing to follow the process leading to our findings.

observations and recommendations

As this study progressed, several topics surfaced that were addressed separately and recommendations for immediate concern provided to the California Department of Transportation (Caltrans) for timely attention. These recommendations are as follows:

1. Recommended legislation be enacted to revise the Streets and Highway Code to clarify legislative intent regarding state highway service to international ports of entry (POEs); define "border region;" modify existing state highway routes; and include section 321 to the Streets and Highway Code to add Route 21 to the system. The letter of 1 September 1999, to Caltrans District 11 Director, Gary Gallegos, covered this (see Appendix A) and conveyed recommended legislative wording to carry out these recommendations.

2. Recommended action be taken regarding funds under the Transportation Equity Act for the 21st Century (TEA-21), section 1106(d), Intermodal Freight Connection Study and use of TEA-21, section 1602, item 35 "to construct San Diego and Arizona Eastern Intermodal Yard, San Ysidro." These two items were the subjects of the letter of 6 December 1999 to Caltrans District 11 Director, Gary Gallegos (see Appendix B).

3. Recommended action be taken regarding Presidential Executive Order 13122, Interagency Task Force on the Economic Development of the Southwest Border, interim report of 15 November 1999. This interim report was discussed at a meeting 12 April 2000 with the Caltrans District 11 Director and his staff, with our recommendation being that the Task force be contacted to correct the shortcomings of this interim report. The first full report of this task force was due April 2000, and if the California-related shortcomings are not evidenced in that report, Caltrans should work with the task force to assure corrections are made in subsequent reports.

In consultation with Caltrans, 11 study elements were identified for detailed attention as reported in Chapter 3. After further study and consideration, these eleven study elements were rescoped, consolidated, and better identified as related in Chapter 4. As part of this reassessment a fourth recommendation was presented as follows.

4. Recommended that the study of a proposed Route 11 to a third border crossing extension on Otay Mesa include provisions for removal of heavy commercial border traffic from the present necessity of city street routing.

The seven study elements resulting from Chapter 4 were then given detailed study as reported in Chapters 5 through 11. Recommendations from these seven chapters are reported at the end of each chapter, but are summarized as follows.

5. Recommended that Caltrans continue full participation in the San Ysidro-based Border Transportation Council, and if found warranted, consider fostering a similar organization at Calexico (Chapter 5).

6. Recommended that new and updated POE designs on both sides of the border be coordinated to best serve the disabled (Chapter 6).

7. Recommended that design of State Route 905 accommodate possible future cross-border airport facility (Chapter 7).

8. Recommended that the scope of the Caltrans ground access to airport study be amended to include the Tijuana International Airport (Chapter 7).

9. Recommended that Caltrans defer to U.S. Customs and the California Highway Patrol regarding implementation of federal legislation amending the Clean Air Act (Chapter 8).

10. Recommended that Caltrans actively monitor the deliberations of the Border Air Quality Alliance and become an active participant in their actions that involve land transportation (Chapter 8).

11. Recommended that Caltrans consider border inspection facilities as part of the operating highway system (Chapter 9).

12. Recommended that Caltrans reach an agreement with the federal General Services Administration (GSA) on integration of projects as they address border transportation issues (Chapter 9).

13. Recommended that Caltrans and GSA establish nonspecific guidelines/principles to serve as a framework for project financial responsibilities (Chapter 9).

14. Recommended that, after resolution of recommendations 11 and 12, that Caltrans discuss possible legislation with appropriate officials to allow joint GSA-Caltrans projects (Chapter 9).

15. Recommended that Caltrans continue to track legislation related to southbound inspection requirements and respond accordingly (Chapter 10).

16. Recommended that Caltrans and the San Diego Association of Governments (SANDAG), act as a catalyst for entities attempting to promote experimental or prototypical cross-border facilities, where transportation efficiencies are evident or where there are air quality benefits (Chapter 11).

17. Recommended that Caltrans, SANDAG, and the Southern California Association of Governments (SCAG) join in petitioning the U.S. Department of State and the International Boundary and Water Commission to establish an expedited process for approving prototypical cross-border facilities (Chapter 11).

Note: specific process-oriented analysis and recommendations pertaining to this subject are contained in Appendix E.

18. Recommended that Caltrans include pipeline and conveyor technology in the planning process (Chapter 11).

19. Recommended that Caltrans, SANDAG, and SCAG join with appropriate federal agencies to explore, via a feasibility study, the concept of a common-carrier pipeline/conveyor facility to provide a minimum number of crossings for a maximum number of commodities (Chapter 11).

20. Recommended that Caltrans, SANDAG, and SCAG act as a catalyst in arguing that the cross-border permit-approval process focus on the most efficient modal choice for commodity movement, rather than limiting these choices because of traditional inspection protocols (Chapter 11).

study process

Task 1 of this study was to determine the status of land transportation conditions along the California Border Zone (CBZ) and produce an interim report covering this Task.

Task 2 was to determine the status of current issues identified in the IISTPS study, Impact of the North American Free Trade Agreement on Transportation in the Border Areas of the United States with Emphasis on the California-Mexico Border, and new policy-oriented issues resulting from recent action. A second interim report identifying resulting key issues was submitted.

Task 3 was to determine issue-resolution alternatives. During this stage, the issues previously identified were reevaluated, modified, and consolidated, resulting in seven issues to be carried forward as follows: (1) public transportation at the border; (2) cross-border ADA interface; (3) California highway access to Tijuana International Airport; (4) Clean Air Act compliance; (5) GSA off-site authority; (6) southbound inspection requirements; and (7) pipelines or other stationary facilities. A third and final interim report was produced covering this task.

Task 4 consisted of preparing work plans for the resolution of these seven issues. At this stage, a meeting was held with the District 11 Director and staff to verify the findings and intentions for study completion.

Task 5 was the creation of this report, including an updated bibliography covering key documents pertinent to the study, and identification of the key observations and recommendations from the study.

Note: This study presents the status of the various CBZ topics as of midyear 2000. Border activities are so dynamic that several of the recommendations have already been implemented at the time of publication of this study.

1. study origin

U.S.-MEXICO BORDER-AREA LAND TRANSPORTATION

This is the Phase II of a study of the impacts of the North American Free Trade Agreement (NAFTA) of 1992 on the border-area transportation infrastructure. A thumbnail history of the development of the transportation facilities along the U.S.-Mexico border is presented in the Phase I report of the study as follows:

The settlement of the U.S.-Mexico war by the Treaty of Guadalupe Hidalgo in 1848 created a boundary with Mexico that, with the exception of the 1854 Gadsden Purchase to expand Arizona and New Mexico, has adequately served both nations' interests. The original legally established border-access points have multiplied slowly over the years. Although there were border violation problems, mostly related to political turmoil, the commercial demands for ports of entry (POEs) into the U.S. from Mexico were not a major factor until the latter half of the twentieth century. Trade and tourism with Mexico began robust growth in the 1960s. This growth began to change the needs for POEs, especially in Texas and California. In California, for instance, the growth led to studies on relieving congestion at the major POE of San Ysidro south of San Diego. These studies ultimately resulted in the opening of the Otay Mesa POE about seven miles east of San Ysidro in 1984.

Meanwhile, restrictions to free trade between the U.S. and Mexico were being liberalized. In 1966, two Mexican cabinet officials agreed to relax Mexico's strict foreign investment requirements as well as to liberalize certain customs and immigration laws. In 1971 this agreement was formalized into Mexican law as the Border Industrialization Program. These changes led to the maquiladoras industry, whereby materials imported into Mexico from the United States are assembled or manufactured in Mexico for export back to the United States with custom fees charged only on the increased product value. Mexican trade growth accelerated even further with the Mexican acceptance of the General Agreement on Tariffs and Trade (GATT) in 1986. U.S. exports to the maquiladora in Mexico, as a percentage of total exports, grew from 12 percent in 1980 to 41 percent in 1992. In the same period maquiladora imports to the United States grew from 20 percent to 52 percent of the import trade.1 Maquiladora trade has grown even more since the signing of the North American Free Trade Agreement (NAFTA) by Canada, the United States, and Mexico on December 17, 1992.

Even prior to NAFTA, the growth of the maquiladora industries and tourism, especially in the last decade, had already exposed problems in the existing border transportation systems. However, most of the increased traffic from the maquiladoras was associated with goods that had to be inspected at the border. Accommodating tourists was not considered as important. The need for increasing capacity, providing for equipment inspections, and improving inspection and processing procedures were, therefore, not deemed a major concern. The picture changed rapidly with the passage of NAFTA. In retrospect, the normal pre-NAFTA growth of trade and tourism would have called for a reassessment of existing facilities, albeit at a more leisurely pace.

NAFTA, with its liberalization of trade regulation and the growth of the maquiladoras and tourism, overtaxed the transportation infrastructure along the U.S.-Mexico border at many locations. Problems of adequate vehicle inspections, crossing delays caused by traffic congestion, automobile pollution, and out-of-direction travel became major concerns.

In the late 1980s and early 1990s, with the growing discussions of a possible NAFTA, the transportation agencies of the U.S.-Mexico border states began to reassess the needs for transportation infrastructure. Because passage of NAFTA was uncertain, these studies moved slowly until the actual signing in late 1992. However, transportation planning during this period was furthered by the provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, specifically by the requirements of sections 1089 and 6015, which called for an assessment of transportation infrastructure at the border. The resulting 1994 Federal Highway Administration (FHWA) study,2 as presented to Congress, pointed out the need for improved POE performance and access. Increased NAFTA-induced trade and continued growth of tourism and border-area population have attributed largely to the maquiladora industry and exacerbated the need for transportation service improvements. If this is not adequately addressed, transportation experts in both the public and private sectors agree that the lack of adequate surface transportation infrastructure along the U.S.-Mexico border will inhibit the continued trade growth between the two countries and, therefore, their economic well-being.

The implementation of border transportation facilities, especially binational facilities, is a long and complicated process that can easily consume ten years between identified need and project completion. This manifests the need for early future needs identification to allow implementation of desired infrastructure in a timely manner.3

BACKGROUND OF THIS STUDY

Phase I of this study was completed and documented in August 1999 in the previously referenced IISTPS publication, Impacts of the North American Free Trade Agreement on Transportation in the Border Areas of the United States with Emphasis on the California-Mexico Border. This initial phase focused on the identification of the major transportation issues in the border area and concentrated on those that could be implemented by the California Department of Transportation (Caltrans) over a short term time frame (one to five years). Fifty-three issues were identified. Each of these issues was then assigned to one of the following categories:

1. Issues not appropriate for further consideration in the Phase I report.

2. Issues recommended for action at a later date.

3. Issues addressed by others.

4. Issues recommended for implementation in the near future.

The issues that were assigned to Category 4 above were then considered in detail and recommendations were made to address their resolution.

purpose of This phase II study

In several instances, because of new legislation, rapid growth of border trade, and other factors, it soon became evident that further identification of issues, and recommendations for addressing them, was needed. This Phase II study fulfills that need by identifying key unaddressed policy-oriented land transportation issues that affect the California-Baja California border, and formulating recommendations for action.

scope

The research prospectus for the Phase II study calls for the following five tasks:

Task 1--Determine the Status of Land Transportation Conditions

Determine status of land transportation conditions within or affecting the California Border Zone (CBZ) covering, as a minimum, the existing systems, funded improvements, and proposed projects. Create an interim report.4

Task 2--Determine the Issues

Determine the status of land transportation issues presented in the previously published Phase I of this study, Impacts of the North American Free Trade Agreement on Transportation in the Border Areas of the United States with Emphasis on the California-Mexico Border, and identify new policy-oriented issues resulting from federal and state legislation as well as other recent actions. Create an interim report identifying resulting key issues.5

Task 3--Determine the Resolution Alternatives

Determine alternative approaches for issue resolution of, as a minimum, five of the key issues as identified by the Caltrans District 11 Director from the Task two finding of this study. Create an interim report presenting alternative approaches for issue resolution of key issues.6

Task 4--Prepare a Work Plan for the Resolution of Issues

Prepare a work plan for resolution of issues based on agreed upon alternative(s) as determined by the Caltrans District 11 Director.

Task 5--Create Report Drafts and a Final Report

Create a report in draft and final form, including updated bibliography, covering key documents pertinent to this study. Create a report for comment by MTI peer-review process and designated Caltrans staff.

Of the tasks listed above, the three required interim reports have been completed and transmitted to Caltrans. The Task 2 interim report identified 11 issues for further study as part of Task 3. The Task 3 interim report reduced these issues to 7 elements each of which would possibly generate more than one issue. The seven elements were as follows:

1. Public transportation at the border;

2. Cross-border U.S.-Mexico interface regarding compliance with Americans with Disabilities Act (Ada);

3. California state highway access to the Tijuana International Airport,

4. Air quality infrastructure;

5. Limits of federal General Service Administration authority to make off-site infrastructure improvements;

6. Southbound inspection requirements; and

7. The potential role of pipelines, conveyors, and other stationary facilities in moving goods across the California-Baja California border;

METHODOLOGY

In general, the methodology used for the study of each topic, issue, or element is as follows:

1. Review existing available information;

2. Determine needs;

3. Determine current status;

4. Consult with others;

5. Develop discussion; and

6. Formulate recommendations

A more detailed methodology used for each of the seven elements is presented in subsequent chapters.

study team

The study team was composed of George Gray, Principal Investigator and Research Associate, and Norman Kelley, Research Associate. Their efforts were supported by Larry Gamino, Student Assistant, San José State University, and MTI staff.

 

2. current conditions

EXISTING SYSTEMS

The initial Phase I report of August 1999, supplemented by the updated Task 1 interim report of this study, provides the following background information on the status of land transportation in the California-Baja California area:

Highways

An excellent summary of the status of the existing highway system in San Diego County is contained in the San Diego Association of Governments (SANDAG) Background Paper of 29 July 19997 as follows:

Efficient highways and land ports of entry are critical because they carry the cargo from the manufacturing (maquiladora or maquila) industries in Baja California and their twin plants in the San Diego region. More than 95 percent if this is a direct quote from the SANDAG paper, then leave it as is of all freight between Tijuana and San Diego is carried by truck.

In Baja California, Federal Highway 2 connects the major urban areas of Tijuana, Tecate, and Mexicali along the border and to the mainland of Mexico. Federal Highway 1, along the coast, links Tijuana with Playas de Rosarito, Ensenada, San Quintin, and the communities at the southern tip of the Baja California peninsula. In addition to agricultural and fish products, goods from the maquilas, most of which are located near the border, are carried in trucks on these highways. Increased tourism to the coastal areas of the state adds also to traffic on the local highways.

The San Diego border is served by three north-south highways, I-5, I-805, and I-15, and by I-8 to the east. State Route 905 (SR-905), when completed, will connect the Otay Mesa port to these interstates. Most truck traffic within the binational region travels on these freeways. SR 94 connects the Tecate port with San Diego to the west and I-8 to the east.

In Imperial County, the backbone highway system consists of I-8 serving east-west moves and Routes 7, 78/86, and 111 serving north-south traffic.

Maps of the Intermodal Corridors of Economic Significance as established by state legislation to emphasize the corridors that are most essential to the California economy in terms of national and international trade are included as figures 2-1 and 2-2 of this report.

EXHIBIT 2-1

DISTRICT 11 - SAN DIEGO COUNTY

INTERMODAL CORRIDORS OF ECONOMIC IMPORTANCE

 

EXHIBIT 2-2

DISTRICT 11 - IMPERIAL COUNTY

INTERMODIAL CORRIDORS OF ECONOMIC SIGNIFICANCE 

 

With the exception of the state highway service to the Otay Mesa POE, the existing highway network focusing on the California-Baja California border is on a par with the rest of the state system. With the accelerated traffic growth due to both the increased trade resulting largely from NAFTA, and the increased auto traffic resulting from the economic health, robust tourism and growing populations on each side of the border, the already often congested border-serving highways will need continued improvements to assure they provide an adequate level of service.

The major deficiencies of the existing state highway system are as follows:

Service to East Imperial County

The existing POE at Andrade on State Route 186 is near the center of the border-hugging Mexican town of Algodones, which causes traffic problems within that rapidly growing town. However, the California State Highway infrastructure at this location is adequate.

Service to Calexico POE Complex

The existing Calexico West POE is located in the downtown area of the twin cities of Calexico and Mexicali, which greatly complicates the level of service provided. To exacerbate conditions at this site, the Southern Pacific/Union Pacific railroad connection to Mexico shares the site. Although this rail service is presently at a low level, there is potential for considerable future growth, which would greatly increase street congestion. The recently opened Calexico East POE has removed the commercial traffic from the West POE and greatly relieved the traffic problems at that site. However, highway service to the East POE is somewhat hampered by the present termination of constructed State Route 7 at State Route 94. The extension of Route 7 to I-8 is funded and the final alignment is being determined.

Service in Eastern San Diego County

At present the existing POE at Tecate is served by State Routes 94 and 188, both two-lane facilities through mountainous terrain. Caltrans District 11 and SANDAG are involved in a comprehensive study of the needs to improve highway service in this east San Diego County area, including a possible highway connection between I-8 and Mexico Route 2 in the vicinity of Jacumba.

Service to Otay Mesa

This is a rapidly growing area in the southeast portion of the City of San Diego and the southern portion of the County of San Diego. There are now an estimated one thousand companies with fifteen thousand employees on the mesa.8 The present transportation facilities are inadequate. This inadequacy is being addressed. The interim improvements resulting from the City of San Diego's project on Otay Mesa Road provide improved safety and service, but do not provide long-term relief. However, the construction of the rest of State Route 905, which is largely funded, and the construction by the private sector of the Route 125 toll road, which has recently obtained final environmental approval, will provide greatly improved access to this area. Nevertheless, even with these improvements and the recently opened routing of commercial traffic directly from the POE to the California Highway Patrol inspection facility, commercial traffic routing over city streets continues to be a problem.

Service to San Ysidro POE

The major problems at this POE are traffic delays at the border resulting from a multitude of causes, including inspection procedures, continually increasing traffic, lack of inspection personnel, access road inadequacies, the uncertainties of outbound inspection requirements, and the possible shifting of some of the pedestrian border crossing traffic to near Virginia Street.

Fast-Track Service

In 1995 an automobile commuter lane was created for frequent border-crossers at the Otay Mesa POE as a test of the concept. The system offers expedited service for prequalified users who pay for the privilege. It employs use of transponders and a port pass-card. As of April 2000, 3,000 drivers representing eight percent of the total of those who cross at Otay Mesa are in the system. Immigration officials say the "commuter lanes don't sacrifice security for speed."9

This priority method is being implemented at the San Ysidro POE, where it is estimated that twelve thousand will join the system. The Immigration and Naturalization Service proposes to add three more such facilities along the U.S.-Mexico border, one of which would be at Calexico.

Public Transportation

In general, present public transportation services at the California-Baja California border are a hodgepodge. Private-sector bus, van, and taxi services provide for the needs of some sectors of the market, and publicly owned service exists for the major demand (e.g., San Diego and Tijuana light rail transit - the "Tijuana Trolley"). On the other hand, some important markets (e.g., access to and from Lindbergh Field and Tijuana International Airport and between the two airports) have been largely ignored and social service public transportation needs (e.g., for the elderly and handicapped) are in short supply in rural areas.

San Diego County metropolitan areas are well covered by a broad variety of public and private services, whereas the more rural areas tend towards minimal lifeline type service operated through the county Department of Public Works.

In Imperial County, a basic fixed-route system operated by the county provides service, with the frequency varying according to population density. Some of the more rural areas have only weekly lifeline fixed-route service. However, there are also Med-Express and American with Disabilities Act (ADA) minibus services available. Also, in the four main cities of Brawley, Calexico, El Centro, and Imperial, local contractors provide Dial-A-Ride service. The county is currently engaged in a reassessment of their public transportation services.

Intercity private carriers operate in both counties, with their main focus being the Los Angeles area market. Intercity and commute rail serves the San Diego-Los Angeles corridor, but, considering the rail mode for passenger service to the border in California, the only operating system is the LRT, Tijuana Trolley.

Goods Movement

The movement of goods across the California-Baja California border is dominated by trucking. It is estimated that about two million annual truck crossings between the two states will occur for the year 2000.10 These trucks will carry about 95 percent of the tonnage exchanged between the two governments along this portion of the border. However, there are strong indications that the trucking segment of commerce between California and Baja California will face some significant problems in the next decade. These are briefly discussed as follows.

Air Quality

For 50 years, California has been a global trend setter in developing programs for improving air quality. The results have been significant, as reported by the Environmental Protection Agency (EPA), "air pollution concentrations declined dramatically over the last 30 years: 99 percent for lead, 72 percent for sulfur dioxide, 66 percent for carbon monoxide and 42 percent for nitrogen dioxide. Ozone, the key ingredient of smog, was cut by 52 percent region-wide and even more in Southern California (70 percent on the South Coast and 66 percent in San Diego)."11 This is a monumental accomplishment, especially since all "of these results occurred despite enormous growth rates, when population grew nationally by 27 percent, the economy grew by 90 percent and vehicle miles travelled jumped by 111 percent."12 And yet, the quest for cleaner skies is not over. The 100-kilometer-wide border CBZ, especially near the border with the development of Otay Mesa, Tijuana, and San Ysidro, faces robust population growth, spreading metropolitan areas, and dependence on automobiles.

An area of potential improvement that may involve Caltrans is the reduction of air pollution resulting from diesel engines commonly used in heavy-duty diesel trucks. For instance, although heavy-duty diesel trucks (the type dominating cross-border trucking) are estimated to constitute only about 3 percent of the total number of vehicles on the state's roads, they account for 60 to 70 percent of the particulate matter created from vehicle exhaust, and up to 30 percent of the total amount of oxides of nitrogen, which is a building block for ozone formation.13

These conditions are causing concern at both the federal and local levels. For instance, the South Coast Air Quality Management District (SCAQMD), which covers most of Southern California is already considering a rule covering clean on-road vehicles for government and airport operations, a possible first step in pressuring against heavy-duty diesel trucks.14 At the federal level, the EPA announced on 16 May 2000, a proposal tighting rules on pollution from trucks and buses. The EPA proposal includes new fuel and emission standards to be phased in over the next 10 years. The intent is to reduce pollutants from heavy trucks and buses by nearly 95 percent.15Because of the large number of hours of idling diesel trucks at the two commercial POEs along the California-Baja California border, air quality improvement efforts at these POEs in the near future appear likely.

Fuel costs

the increased cost of fuel for trucking may cause some border-area shippers to shift to rail. However, because of the types of cargoes and the lack of adequate rail service between California and Baja California, this is not a significant factor at the California POEs.

Congestion

increasing highway congestion, especially between the border and the Los Angeles/Riverside areas, coupled with the other factors such as fuel costs and pressures toward air pollution improvements may, make increased use of local air freight attractive. Proposed improvement to air cargo service at San Diego's Brown Field and the recently privatized Tijuana International Airport may accelerate this shift.

Safety

It is becoming increasingly evident, especially with growing state highway congestion, that the mix between trucks and autos is exacerbating safety-related issues. There is already some thought of future increased separation of the two types of vehicles.

U.S./Mexico Truck travel restrictions

Since NAFTA's passage in 1992, trucking has been a contentious issue. NAFTA called for U.S. and Mexican trucking to have access to each other's border states' markets by December 1995, and full national access by 2000. But the U.S., followed by Mexico, has not allowed this to occur. Citing safety concerns, the U.S. has restricted Mexican trucking to a specified commercial zone. Until 28 March 2000, Mexican truckers were able to circumvent this restriction by forming lease agreements with U.S. carriers.16 The recent Motor Carrier Safety Improvement Act of 1999 closed this loophole and established the Federal Motor Carrier Administration.17 This change in law is expected to increase cost to move a container between, for example, Otay Mesa and the Los Angeles area, by $100.18

The implementation of proposed improvements to Brown Field, Tijuana International Airport, and the existing border-area rail service is in such disarray that, at present, it is not practical to report more deeply on their status under this topic. The possible implementation of other alternatives to truck carrier cross-border hauling is addressed in Chapter 11.

Airports and Seaports

State highway access to the major air- and seaports within the California BZ are presently largely wanting improvement. Moreover, the legislative intent for such facilities is not clear and the state's position on such facilities is not consistent statewide.

Discussions on the replacement (or augmentation) of Lindbergh Field are ongoing. Present street congestion leading to this facility is a problem that continues to hinder user growth. A similar city street congestion problem is a detriment to increased use of the seaport of San Diego for goods movement. Lindbergh Field and the Port of San Diego are both under the jurisdiction of the San Diego Port District.

The previously cited SANDAG report states:

The border region's trade-related infrastructure with regard to seaports and rail links depends heavily upon the actions of the Ports of San Diego and Ensenada. At present, more than three-fourths of the vessel cargo shipped to and from the San Diego-Baja California region travels through the Los Angeles and Long Beach Ports, north of San Diego. Transport of goods between the Los Angeles region and San Diego adds at least one day to the shipping time, as well as the extra financial costs of the transportation.19

In order to better compete with other West Coast ports, both the San Diego and Ensenada Port Districts recognize the need to provide additional container facilities, reopen the San Diego and Arizona Eastern (SD&AE) railway, and strengthen their links to the SD&AE.20

Air cargo services at San Diego are presently in an incubation stage, with significant volumes going north by truck where they are accommodated at the Los Angeles area airports. This surface transport to/from the Los Angeles air facilities adds to the highway congestion on both I-5 and I-15.

Railroads

The publicly owned SD&AE railway now provides rail service from the border to San Diego where it connects to the Burlington Northern-Santa Fe line to Fullerton and the Los Angeles area. The line crosses the border at San Ysidro and continues easterly through Tijuana to east of Tecate, Mexico, where it again crosses the border west of Jacumba, California. At present, this line is truncated because of tunnel and bridge damage east of Jacumba. When brought back into service, it will connect at its eastern end with the Union Pacific line at Plaster City in Imperial County. Thus, an alternative to routing rail traffic through the Los Angeles/Riverside area would be reestablished.

The operator of the freight service on the SD&AE, RailTex, has recently been absorbed into Rail America, one of the world's largest operators of short-line railroads. This may ultimately effect the development of freight service over the SD&AE.

In Imperial County, the main line of the Union Pacific from Los Angeles to Texas bisects the Imperial Valley. A spur of that main line serves connections to the Mexican rail system at Calexico/Mexicali, and to the SD&AE at Plaster City.

Privatization of Mexican railroads is not yet complete, so the status of existing services on the Mexican portion of the SD&AE, as well as the Mexican service between Mexicali and Benjamin Hill is, at present, unsettled.

Ports of Entry

The facilities at the major U.S. commercial POEs within California are of recent origin. However, their design was based on pre-NAFTA growth estimates; and, especially at Otay Mesa, they are undergoing robust increased operations. Their expansion may soon be desirable.

An overview of the operations of U.S. POEs is found in the recent GAO report, U.S.-Mexico Border: Better Planning, Coordination Needed to Handle Growing Commercial Traffic. This report briefly describes POE activities for trucking as follows:

Processing commercial trucks from Mexico into the United States involves various steps and requirements. These steps will vary from port to port depending upon size, location, amount of traffic handled, type of cargo, and port layout. Before shipments enter the United States from Mexico, Mexican customs brokers prepare documents and pay duties. The trucks must then go through Mexican Customs, where their documentation is checked. If the truck will be entering Texas, and thus passing over the Rio Grande River, the driver in most cases must pay a bridge toll before entering the United States. U.S. customs brokers also prepare paperwork for a truck to bring merchandise into the United States. When a truck proceeds into the United States, it must go to the primary booth (or directly to the inspection dock at some small ports of entry) at the U.S. port of entry, where Customs inspectors review documentation regarding the exporter, importer, and goods being transported. If the truck's documentation is in order and no further inspections are required, the truck is allowed to pass through the port. Depending on the port of entry, goods imported, or law enforcement requirements, Customs may direct the truck to secondary inspections.21

Recent heightened interest in realigning the southbound lanes of I-5 and I-805 at the San Ysidro POE in order to accommodate improved traffic flows within Tijuana and provide for inspection of vehicular traffic leaving the U.S., as well as to allow space for more northbound inspection facilities, has caused the General Services Administration (GSA) to propose expansion of this POE.

As of 17 May 2000, the GSA is considering three alternatives: (1) moving the southbound I-5 and I-805 lanes westerly to a new outbound inspection facility just east of Virginia Avenue; (2) keeping the present southbound I-5 alignment to about the Camino de Plaza overcrossing, then curving it west with about a 300-to-400-foot curve to a new outbound facility generally parallel to the border with traffic, then directed south to a border crossing just east of Virginia Avenue; and (3) null or no-build. Both of the build alternatives present problems, but the second proposal appears to offer superior overall service. The concept for this alternative is shown on Figure 2-3 (found in Appendix F), labeled "North/Southbound Pair Alternative 2."

The GSA proposes to have a final draft environmental impact statement (EIS) proposal by late summer, with an October public meeting on the preferred alternative, and a final environmental document in early 2001.

Special Facilities

At this time there are a limited number of special facilities that provide services across the U.S.-Mexico border, but the near- and long-term growth of water, sewer, pipeline, and electric services is expected to be substantial. The special services as considered in this study, include only features that handle materials and serve as a substitute for either existing or proposed highway traffic. Thus, gas and petroleum pipelines, electric service, water conveyance, and such, are not included in this study.

federal border concerns

The President's Interagency Task Force

On 25 May 1999, the President of the United States established by Executive Order 13122, an Interagency Task Force on the Economic Development of the Southwest Border reporting to the Vice President, as Chair of the President's Community Empowerment Board (PCEB), and to the Assistant to the President for Economic Policy, as Vice-Chair of the PCEB. This Task force not only includes the secretaries of all the federal departments, with major involvement in the southwest border, but also various other senior federal agencies. It is co-chaired by the Secretaries of the Treasury, Agriculture, and Labor Departments, who rotate annually. The executive order defines the purpose of the task force as follows:

(c) The purpose of the task force is to coordinate and better leverage existing Administration efforts for the Southwest Border, in concert with locally led efforts, in order to increase the living standards and the overall economic profile of the Southwest Border so that it may achieve the average of the Nation. Specifically, the Task Force shall:

(1) Analyze the existing programs and policies of task force members that relate to the Southwest Border to determine what changes, modifications, and innovations should be considered;

(2) Consider statistical and data analysis, research, and policy studies related to the Southwest Border;

(3) Develop and recommend short-term and long-term options for promoting sustainable economic development;

(4) Consult and coordinate activities with state, tribal, and local governments, community leaders, Members of Congress, the private sector, and other interested parties, paying particular attention to maintaining existing authorities of the States, tribes, and local governments, and preserving their existing working relationships with other agencies, organizations, or individuals;

(5) Coordinate and collaborate on research and demonstration priorities of Task Force member agencies related to the Southwest Border;

(6) Integrate Administration initiatives and programs into the design of sustainable economic development actions for the Southwest Border; and

(7) Focus initial efforts on pilot communities for implementing a coordinated and expedited Federal response to local economic development and other needs.22

The first report of this Task Force was issued 15 November 1999, as required by the executive order. Several aspects of this document, even as an interim report, are disturbing. The executive order defines the southwest border region "as including the areas up to 150 miles north of the United States-Mexican border in the States of Arizona, New Mexico, Texas, and California."23 This definition, in California, causes problems of scale and applicable data as the 150 miles includes most of the heavily populated portions of Los Angeles, Ventura, and San Bernardino Counties as well as all of Orange, Riverside, Imperial, and San Diego Counties. The task force interim report states that the border region U.S. population is 12.3 million. This is understated. California's population within 150 miles of the subject border is about 20 million. Thus, over half of California's population is included, although many of these citizens have little to do with border issues or conditions. It is unfortunate that the 150-mile limit was used rather than the one hundred kilometers for the CBZ as specified by the La Paz agreement. This evidently was a political ploy with the purpose of including a large number of counties in Texas in the program.

This task force interim report in Chapter 13, "Reinforcing Infrastructure in Rural Communities" presents information on improving roads, border crossings, and cross-border transportation networks. This section of the report is of sufficient import that a portion is presented here:

Improving Roads, Border Crossings and Cross-Border Transportation Networks

The Department of Transportation (DOT) is currently engaged in a number of activities that support the goals and objectives of the Task Force on the Economic Development of the Southwest Border. Several of DOT's Operating Administrations manage funding programs that support the planning, development, operation and maintenance of transportation infrastructure in the Southwest Border region. These programs support the improvement of transportation service that is essential for economic growth and development in the region. These transportation facilities (including highways and airports) attract industry to the region and provide jobs for the local population.

Without adequate transportation services industry will have one less incentive to locate in the border region and the region's ability to compete with other areas of the country and with other countries will decline. Sustained and vigorous economic and community development in the Southwest Border region requires the maintenance and improvement of transportation infrastructure based on effective coordination among state and local governments in the border region and the private sector. The DOT is engaged in a number of joint cooperative activities with the Mexican government that are designed to improve transportation services across the border, to eliminate existing impediments to the safe, smooth and efficient flow of goods and people, and to encourage cooperation in the planning of transportation improvements that will benefit the entire economy of the U.S. border region and comparable areas in Mexico.i

The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 21st Century of 1998 (TEA-21) are the primary pieces of authorizing legislation for DOT's surface transportation programs, which provide grants and other funds for use by states and local governments for highway and transit capital investment, planning and related purposes. TEA-21 authorizes a spending level of $198 billion over six years. States and local communities in the Southwest Border region will be recipients of a significant portion of those funds. This legislation also established the National Corridor Planning and Development Program and Coordinated Border Infrastructure Program. Both programs provide grants to states and localities in the Southwest Border region for the improvement of people and goods movement across the border between the U.S. and Mexico. Also, the Administration created the U.S.-Mexico Joint Working Committee in 1994 to strengthen the planning of cross-border transportation improvements. The following are brief descriptions of the major programs funded for highway and transit facilities as authorized by TEA-21:

· National Corridor Planning and Border Infrastructure Programs (sec. 1118 and sec. 1119 TEA-21). In recognition of the importance of border infrastructure and the corridors used for international trade and scarce resources, Congress established the National Corridor Planning and Development (NCPD) and the Coordinated Border Infrastructure (CBI) programs (sections 1118 & 1119 of TEA-21). The purpose of the NCPD program is to provide allocations to states and metropolitan area planning organizations for coordinated planning, design, and construction of corridors of national significance, economic growth, and international and interregional trade. The purpose of the CBI program is to improve the safe movement of people and goods across the border between the United States and Canada as well as across the border between the United States and Mexico. These two programs are funded from a single source. The combined authorized funding is $140 million in each year from FY1999 to 2003 ($700 million total). Because of obligation limitations, $123.6 million was available for allocation in FY1999.

· Motor Carrier Safety Assistance Program (section 4003 TEA-21). The Department of Transportation is strengthening partnerships with border states in enforcement activities. TEA-21 provides for a 5 percent takedown from the Motor Carrier Safety Assistance Program for border enforcement activities ($25 million from FY1999 through FY2003). In FY1999, $4.5 million was made available for this purpose. Border states use the funds to hire safety inspectors and purchase equipment among other things. Since 1995, DOT has provided the Southwest Border states with over $10 million in additional grants. The Department has also hired an additional 27 Federal inspectors for the ports of entry in Texas. This will supplement existing Department staff of 13 and will complement enforcement programs in the four border states.

· Highway Construction Programs. The following programs provide funds to states for the construction, rehabilitation, planning and maintenance (Interstate System only) of highways and bridges:

· National Highway System. Authorizes the allocation of funds to individual states for use on highways and bridges in the National Highway System. Authorization levels are approximately $4.8 billion yearly from 1997 through 2003.

· Interstate Maintenance Program. Provides funding to the states by formula for resurfacing, restoring, rehabilitating and reconstructing routes on the Interstate Highway System. Funding is approximately $4 billion per year for the period 1997-2003.

· Surface Transportation Programs (STP). Provide flexible funding for use by states and localities for projects on any Federal-aid highway, transit projects and intercity and intra-city bus terminals and facilities. Some funds are reserved for rural areas. Funding is approximately $5.5 billion yearly for the period 1997-2003.

· Bridge Replacement and Rehabilitation. Provides funds to states for the replacement or rehabilitation of deficient bridges. Funding is approximately $3.5 billion yearly for the period 1997-2003.

U.S.-Mexico Cooperative Programs. On April 29, 1994, Secretary of Transportation Federico Peña signed a Memorandum of Understanding that established the U.S.-Mexico Joint Working Committee on Transportation Planning (JWC) to establish a coordinated binational planning process for border transportation activities. The members of the JWC include representatives from the U.S. Federal Highway Administration, the Mexican Secretariat of Communications and Transportation (SCT), the U.S. Department of State, the Mexican Secretariat of Foreign Relations, the four U.S. border state Departments of Transportation, and the six Mexican border states.ii The role of the JWC is as follows:

· To facilitate communication among the groups responsible for border transportation planning within the state, local and Federal governments in Mexico and the United States.

· To serve as a forum for coordination of border transportation planning and programming activities while respecting differing transportation planning processes and requirements in both countries.

· To be available as a forum for discussing other binational border area transportation issues.

In early 1995, the JWC initiated a binational transportation planning study to establish the framework for binational planning and coordination. This $2.5 million study was jointly funded by the U.S. border states and the SCT. The study was completed in 1998, and the final reports were approved at the JWC meeting held in Washington, D.C., April 16-17, 1998. The study identified many opportunities for improving planning and operations at the border ports of entry.

To continue the operations of the JWC following the completion of the binational study, the JWC developed and approved a transition plan and a one-year work program. Both stress the importance of sharing the results of the binational study, and the JWC sponsored a symposium in Guadalajara, Mexico on July 30-31, 1998, to present the results of the binational study. The JWC committed to hiring full-time staff coordinators to assist in the implementation of the study recommendations and to promote the coordination of binational planning activities. In November of 1998, the JWC approved a two-year work plan. The next meeting will be in Ensenada, Mexico in December 1999.

A key outcome of the binational study is a databank containing information on trade and traffic flows, socioeconomic data, and existing and planned border infrastructure improvements. The JWC is committed to updating and maintaining this databank, and the FHWA and Mexican Transportation Institute have assumed this responsibility. In addition, all reports and information from the binational study are available on the Internet.

Border Technology Exchange Program. The Border Technology Exchange Program (BTEP) was created by FHWA in 1994 to provide opportunities for sharing transportation information and technology between the U.S. border states and their counterparts in Mexico and Canada. BTEP's objectives include: creating a permanent technology exchange process that will survive regardless of political or financial influences; increasing institutional, technical, and legal compatibility; improving the transportation systems in the border region, making them safe for the users and facilitating the efficient and competitive movement of commerce in support of NAFTA; and enhancing professional and technical capabilities. [Note that TEA-21 did not designate funds for BTEP.]

An important future component of BTEP includes the development of technology transfer centers in the border area modeled after the Local Technical Assistance Program (LTAP). Currently, Arizona, New Mexico and Texas are in the initial stages of developing such centers in Hermosillo, Chihuahua, and Monterrey, respectively:

i On this issue, the July 1999 GAO Report states: "As commercial and private vehicle traffic associated with growing economic integration has increased, it has put stress on the local infrastructure. Long lines at some crossings impede local traffic movement, contribute to air pollution, and can raise business costs if merchandise and parts are delayed. Traffic congestion is caused in part by inadequate infrastructure at some crossings, resource management issues, as well as how the ports of entry are managed. Another factor affecting congestion is the need to facilitate commerce and the movement of people across the border while at the same time protecting the nation against illegal immigration and contraband goods." (p. 29)

ii The U.S.-Mexico Joint Working Committee (JWC) is comprised of representatives from the United States Department of Transportation, Federal Highway Administration, the Mexican Secretariat of Communication and Transportation, the U.S. State Department, the Mexican Secretariat of Foreign Relations and representatives of the 10 border states. The ten border states include: Arizona, California, New Mexico, Texas, Baja California, Chihuahua, Coahuila, Nuevo Leon, Sonora and Tamaulipas.24

This rather long quotation illustrates the outdated, incomplete, and misleading information presented in this report. For instance, the pending creation of the Motor Carrier Safety Administration is not noted; the programs described are mostly nationwide programs in which border needs are often lost; and the California efforts in border technology exchange are ignored. The first full report of this Interagency Task Force was due April 2000, and hopefully will correct these and similar shortcomings. If this isn't accomplished, Caltrans should react appropriately to assure corrections in subsequent annual reports of the Task Force.

U.S.-Mexico Border GAO Reports

In June 1998, Congress requested the GAO report to them regarding their concerns "about the overall well-being of the border region and what appeared to be limited progress in addressing border issues."25 Subsequently the GAO issued the July 1999 report to congressional requesters, U.S.-Mexico Border: Issues and Challenges Confronting the United States and Mexico. This report covers major issues on the border as follows:

· Drug enforcement;

· Illegal immigration;

· Cross-border transportation;

· Environmental infrastructure and public health; and

· Economic development.

The brief results of the GAO study of the cross-border transportation issue are reported as follows:

The border area provides the transportation infrastructure to facilitate trade between the United States and Mexico, which has more than doubled since the North American Free Trade Agreement went into effect in 1994. Nearly four million trucks and 85 million passenger vehicles entered the United States from Mexico in fiscal year 1998. Processing the high volume of commercial and passenger traffic while at the same time interdicting contraband and illegal immigrants has contributed to congestion and air pollution and has placed pressure on the infrastructure of local communities along the border.26

In March 2000, the GAO issued two additional reports: and U.S.-Mexico Border: Better Planning, Coordination Needed to Handle Growing Commercial Traffic and U.S.-Mexico Border: Despite Some Progress, Environmental Infrastructure Challenges Remain. These reports define the border region as a 100 kilometer strip along the border. This is in accord with the 1983 Agreement for the Protection and Improvement of the Environment in the Border Area (the La Paz agreement).

The second of these two reports is devoted mostly to nontransportation-related environmental concerns, but does point out that air pollution and handling hazardous waste are also growing problems in the border region.

The first of the reports elaborates on cross-border transportation:

The communities along the 2,000 mile U.S.-Mexico border have provided much of the necessary infrastructure--the roads and bridges--to facilitate truck shipments and the movement of people across the border.

You [Congress] expressed concern that the border area was shouldering a disproportionate share of the costs of increased trade activity and that congestion problems related to expanded traffic were not being adequately addressed. As agreed with your offices, this report provides information and analysis on (1) the nature of commercial truck traffic congestion at the southwest border; (2) the factors that contribute to congestion; and (3) the actions, including programs and funding, that are being taken to address these problems. This report provides a more in-depth analysis of the transportation infrastructure and inspection agency processes than was presented in our July 1999 report. In addition, we are preparing another report that focuses on environmental infrastructure at the border.

Multiple U.S. government agencies carry out regulatory and enforcement activities along the border at the 25 border ports of entry that process commercial vehicles. These activities are directed at assuring compliance with laws and standards regarding immigration, drugs, trade, and vehicle and product safety. The key inspection agencies are the U.S. Customs Service, the U.S. Department of Agriculture, the Food and Drug Administration, the U.S. Immigration and Naturalization Service, and the U.S. Department of Transportation. In addition, the General Services Administration oversees port of entry design, construction, and maintenance in consultation with the inspection agencies.

Our work focused on reviewing the binational processes associated with facilitating northbound commercial traffic entering the United States from Mexico. We conducted detailed case studies in six border communities, where we interviewed public and private sector representatives on both sides of the border. As part of these case studies, we visited 11 of the 25 ports of entry that handle commercial truck traffic across the border. We also reviewed studies related to cross-border transportation issues. In addition, we interviewed officials from federal, state, and local agencies as well as private sector organizations in the United States and Mexico.27

The overall findings of this GAO study are briefly reported as follows:

Increased commercial truck traffic and the associated congestion at some border crossings, particularly older crossings that were built in downtown areas such as Laredo and El Paso, Texas, have taxed border community infrastructure. Lines of trucks--many of which are empty--waiting to enter the United States can run up to several miles during peak periods in the early to late afternoon, and the idling trucks contribute to air pollution and safety concerns in some major border cities. At the same time, crossings in remote and less accessible areas along the border such as Sasabe, Arizona, or Roma, Texas, are underutilized and less congested. According to U.S. Customs records, nearly 47 percent of the 3.6 million containers that crossed the border in fiscal year 1998 from Mexico were empty. Government officials at the ports of entry must still process all trucks--empty or not--to ensure compliance with U.S. laws and regulations.

Commercial traffic congestion at the U.S.-Mexico border is primarily caused by the high volume of vehicles at ports of entry that must be processed through facilities that have physical and technological limitations and cumbersome practices. The specific factors that contribute to border congestion include (1) difficulties resulting from the multiple checks at the border by various federal and state agencies; (2) inspection agency staffing shortages at some border crossings; (3) limited use of automated management information systems for processing commercial traffic; (4) lack of land to expand port of entry operations; (5) inadequate roads leading to some ports of entry; and (6) poor port of entry planning among U.S. inspection agencies and limited coordination between the U.S. and Mexican governments.

Federal, state, and local governments as well as binational groups have responded to congestion at the border with a variety of initiatives. Some infrastructure improvements at ports of entry and roads leading to the border have been undertaken and funded by federal and state agencies, and others have been funded and are scheduled to occur in the year 2000 and beyond. In addition, federal agencies have undertaken initiatives to integrate their inspection processes for commercial traffic and test new technologies for expediting commercial traffic. Likewise, binational mechanisms to encourage dialogue and coordination have been created. Government, private sector, and academic studies have also been undertaken that identified infrastructure and staffing needs, as well as explored ways to mitigate congestion. However, because facilities planning and port of entry operations take place in a complex political and economic environment characterized by competing interests and differing development priorities, these efforts collectively have neither been able to keep up with the rapid increase in the volume of goods crossing the border nor to alleviate congestion.28

funded improvements

Highways

The Caltrans report, California Border Briefing, points out the following:

The plan to complete the near-term border infrastructure in San Diego and Imperial Counties is almost fully funded. The critical section lacking total funding of the near-term improvements is the six-mile segment of State Route 905, which leads to the largest commercial port of entry in California. The deficit remaining to fully fund SR 905 is just over $74 million. Other than that, the local MPO's, Caltrans, the Federal Highway Administration and the California Transportation Commission, with the support of the Administration, has helped fund $1 billion dollars to date for border infrastructure. About $600 million of that total will be under construction this coming fiscal year (1999-2000). 29

The major projects in this ambitious construction program are shown on the included Border Trade Corridors as Figure 2-4 (found in Appendix F). The major portion of the funding for State Route 905 freeway has been secured. However, as previously stated, about $74 million of the $255 million total cost is still needed to provide for a full freeway over the entire distance. Figure 2-5 (found in Appendix F) shows State Route 905 construction phases.

California's governor, Gray Davis, has recently proposed an accelerated transportation program covering both highway and transit projects. If implemented through legislation, the funded border projects could be augmented considerably.

Two other major highway infrastructure funded programs deserve to be singled out. The first of these is the completion of State Route 125 from the border to Route 52, as shown on Figure 2-6 (found in Appendix F) titled "State Route 125 Progress." The second program is the projects in Imperial County that will greatly improve the access to the Calexico POEs. This program includes projects on Routes 7, 78, and 111.

There are other funded state highway projects within the one-hundred- kilometer- (i.e., 62 mile)-wide CBZ in the United States, but their impact on international trade pales in significance to those presented here. Figure 2-7 (found in Appendix F) presents a master schedule for the border projects on the state highway system.

In addition to the previously mentioned major state highway projects, a critical highway connection between the Otay Mesa POE and the California Highway Patrol (CHP) Commercial Vehicle Enforcement Facility (CVEF) has recently been placed into service. This connection provides a controlled access route between the two inspection facilities and removes this international incoming commercial traffic from the city street system. However, the street system is still the routing from the CVEF back to the state highway system, and the international commercial traffic outbound from California to Tijuana continues to rely on the city street system.

As with the state highway system, other city street and county road funded improvements will be undertaken in the short run, but their border commerce trade and traffic impacts are not significant except for improvements to the City of San Diego streets serving commercial traffic in the vicinity of the Otay Mesa POE..

Public Transportation

The only funded major public transportation project with significant impact on the border is the Metropolitan Transit Development Board (MTDB) project to upgrade the San Ysidro Terminal to improve automobile parking facilities for public and private bus services, as well as licensed taxi and van services. This project is estimated to cost $18.4 million. MTDB proposes to have the project completed by fall of 2002. There are present concerns about the area designated for the regulated intercity van services. As of 9 May 2000, MTDB was relying on agreement between the van operators and a property owner for resolution. This is a risky reliance and may not be in the best public interest.

Airport and Seaport Access

Access to and from the Port of San Diego's Lindbergh Field has recently been improved, and no major transportation projects by the Port are presently funded for either that airport or the Port of San Diego. The same condition holds for the other commercial airports in the California BZ.

Railroads

Under section 1602 of TEA-21, $10 million has been allocated for a SD&AE railway intermodal facility near the border, but plans for its implementation are not yet available since the status of the portion of this rail service in Mexico is still unclear. The Mexican privatization efforts are progressing, albeit slowly. Therefore, the proposed reopening of the SD&AE service is presently stalled.

Funded improvements to the major rail line between San Diego and the Los Angeles area are being implemented by the North San Diego County Transit District (NCTD) but are focused on improvement of commute passenger services in the San Diego-Oceanside corridor and will have only minor impacts on overall CBZ commercial freight service.

At present, any plans for rail service improvements within Imperial County are unknown since, except for a short reach of the SD&AE, the services are in the private sector.

Special Facilities

Although there is lively interest in special facilities across the border that would substitute for truck traffic, at present there are no know proposed funded major projects. The approval process for such facilities is cumbersome, lengthy, and not well known or understood.

mexico federalism

In recent years, the Mexican federal government has shifted some powers and responsibilities to state and local governments. This trend of new federalism has been promoted by Mexican President Zedillo and is directed towards strengthening and improving the ability of state and local governments to control their future. Baja California has been in the forefront of accepting this change in governance. This attitude should, in time, provide more timely cross-border cooperation.

This shifting of the balance of power and its potential impacts for the California-Baja California area is well documented in the San Diego Dialogue paper, New Federalism in Mexico: Implications for Baja California and the Cross-border Region, by David Shirk. In his opinion, to ensure this governance shift is lasting and workable, the following areas need to be addressed:

· Fiscal decentralization: Give the state and local authorities greater authority to generate their own revenue and then ensuring that they have the political capacity to implement necessary, albeit unpopular, taxes and fees. Officials also need to explore public financing alternatives and public-private partnerships for large projects.

· Re-election: Change the election laws so that federal and state legislators can be re-elected (they currently can serve only one term; the length of the term depends on the office), thus forcing them to be accountable to their constituencies. In addition, a change in these laws would mean that elected officials could apply their experience and work toward long-term goals.

· Municipal restructuring: Eshatblish separate elections for city council members to act as a check on powerful local executives. Under the current system, the majority of seats on a city council are handed out to members of the mayor's political party.

· Judicial reform and activism: Shift the balance of power away from the central executive so that, as in the United States, the judicial branch plays a role in shaping laws and acting as a check on other branches of government. An important step would be ensuring the independence of the judiciary and affirming the right of states and municipalities to pursue legal action against the federal government.30

Additionally, Shirk feels that this decentralization can facilitate cross-border cooperation in the areas of water, housing, health care, and urban development. Concerning this last item, he states, "Federal legislation has mandated the creation of quasi-independent local agencies to oversee long-term urban planning efforts. The creation of these agencies could improve cross-border planning on large infrastructure projects, including expansion of the land ports of entry."31

He does caution that "Leaders on both sides of the border need to recognize the opportunities created by the `New Federalism.' Particularly in Baja California, change is occurring rapidly, and policy-makers must be aware of potentials for collaboration resulting from the greater freedom of state and local governments to control their own destiny."32

proposed projects

SANDAG, the Imperial Valley Association of Governments (IVAG), San Diego County, Imperial County, the City of San Diego, and several other cities within the BZ are in various stages of updating their transportation plans. Therefore, the proposed projects covered here are subject to reevaluation. The recently heightened interest in land use, especially as it relates to sprawl and increased congestion is also expected to influence proposed projects. It is increasingly certain that changes will occur, but in what form and where is not yet evident.

Highways

As previously discussed, funding in the amount of an estimated $74 million is still unsecured for the completion of State Route 905 as a full freeway on Otay Mesa.

Other proposed highway projects along the border include the following:

· Improvements at Andrade to relieve traffic in the adjacent Mexican town of Algodones--at present, no specific plan for this has been agreed upon.

· Proposed upgrading of the Tecate POE, which will require modification of State Route 188 at the border--the specific plan for this project is proceeding.

· Possible revision of I-5 at the San Ysidro POE to allow an increased inspection area and improved traffic circulation in Tijuana--since the need for increased inspections is subject to change, as are the needs of the Mexican government, this possible project is not presently determined in scope, but GSA work on their EIS leading to the determination of a preferred alternative is proceeding.

Other proposed projects that will impact the border area by improving highway capacity include improvements to I-5, I-15, and State Route 94. Corridor studies on these three critical routes are under way by SANDAG.

To provide for continuing traffic growth, two future ports of entry are being contemplated. The first of these would be to augment the present Otay Mesa POE, which has been identified as becoming overly congested with limited expansion potential,33 and would be located east of the present facilities legislative State Route 11. Studies for this future highway and POE are presently under way by SANDAG and Caltrans.

The second possibility is a POE in eastern San Diego County near Jacumba. This POE would provide a connection between I-8 in the U.S. and Mexican Route 2, the major east-west highway in Baja California. As a follow-up to Phase I of this report, Impact of the North American Free Trade Agreement on Transportation in the Border Areas of the United States, with Emphasis on the California-Mexico Border,34 by letter of 1 September 1999, to the Caltrans District 11 Director, it was recommended that State Route 21 be established by legislation to serve this projected POE.

Caltrans and SANDAG propose to undertake a study of the core of the City of San Diego to evaluate the impacts of several large projects on the present and proposed transportation facilities. The proposed study area is bounded by I-8 on the north, I-5 on the east, the San Diego-National City boundary on the south, and the Pacific Ocean on the west. The major proposed projects within the area are the expanded City of San Diego Convention Center, new major league ballpark, the future use of the now closed Naval Training Center, and improvements by the Port of San Diego, including Lindbergh field.

Public Transportation

A future light rail service to Otay Mesa from the existing San Ysidro line is proposed, but implementation is expected to be beyond 2010. The MTDB is currently striving to assure rights of way for this future service are protected.35 The present minimal bus service to the Mesa area is also under study. However, no comprehensive study of the specific needs for coordinated public transportation services in the vicinity of the border has been done in either San Diego or Imperial Counties. At present, transit-dependent users who travel across the border are underserved, and there is limited incentive to substitute public transportation for the private auto. However, both Imperial and San Diego Counties are presently reevaluating their county transit services.

Airport and Seaport Access

It has been well documented that the existing major San Diego airport, Lindbergh Field, is not projected to accommodate future demand. The Port of San Diego has proposed interim improvements to this airport that are expected to satisfy needs in the short run. However, plans for the long run involving either establishing a new airport or massive changes to the existing field--or a combination of these two options--are not presently established.

Other airports in the San Diego area, notably Brown Field and the Tijuana International Airport, can have significant impact on land transportation as they are developed. Proposals for developing Brown Field into a major cargo facility are under way, as covered under "Private Sector Projects." The Tijuana International Airport (TIA) is being privatized, and the Mexican organization responsible for the facility has indicated they plan improvements but specific plans are not yet public. The South County Economic Development Council has, with partial funding from the City of San Diego, contracted for a study of a cross-border air passenger terminal facility in connection with TIA. This study is in its second phase. The first phase concluded that a passenger terminal in the U.S. "would reduce vehicular congestion at both San Ysidro and Otay Mesa border crossings by as much as 3%."36

At present, the airport facilities in Imperial County are judged to be adequate and no major improvements are contemplated.

Impacts on land transport resulting from growth of the seaport of San Diego have not been recently determined.

Railroads

Since the status of the SD&AE privatization in Mexico is in a state of flux, and the future plans of the U.S. private railroads that serve the border are unknown, the known future improvements in this transportation sector are minimal. The North San Diego County Transit District does propose to improve and extend their passenger rail services and infrastructure between the San Diego central business district and Oceanside, as well as to establish light rail service between Oceanside and Escondido.

U.S. Ports of Entry

The GAO reported in 1999 "that it plans to spend approximately $200 million over the next 5 years on the southwest border for what it terms new `applied' technology to improve processing and inspection capabilities. It is questionable if there is adequate space to accommodate the new equipment at all ports of entry, according to General Services Administration officials. At ports of entry that process larger traffic volumes, particularly those in crowded downtown locations, there is no room to expand operations. New technology requiring adequate space includes mobile and fixed truck or cargo X-rays and contraband destruction systems."37

As previously mentioned, the GSA is currently developing a proposal to construct southbound inspection facilities at the San Ysidro POE. The latest proposal, as presented to the public on 17 May 2000, is included as Figure 2-3 (found in Appendix F). It could accommodate a variety of concerns, including the following:

· Providing outbound U.S. inspection facilities.

· Providing room for a southbound high-occupancy vehicle (HOV) or fast-track lane.

· Allowing room for expansion of incoming vehicular traffic.

· Allowing for improved traffic flows in Tijuana

Providing more room for Mexican POE inspection facilities

This newest proposal appears to be much less costly than previous designs and would result in less disruption to existing traffic problems.

Special Facilities

It has been reported that six separate private sector proposals are currently under consideration for developing conveyor systems that would move material across the international border. At present, there are no known proposals for slurry pipelines, although there may be instances or locations where such facilities may be a viable alternative.

Private Sector Projects

There are several significant proposed projects by the private sector that could significantly impact the CBZ between along Baja California including the following:

San Diego air commerce center (Brown Field): A private sector consortium is proposing a $265 million improvement to the City of San Diego's Brown Field to greatly increase the air cargo facilities as well as enhance general aviation. This privately financed proposal is presently in the draft environmental review process and has not yet been endorsed by the City of San Diego. It is obviously going to be a controversial item, with several organizations concerned with, among other items, aircraft noise and both surface and air traffic.38

Cross-border air passenger terminal: For over 10 years there has been waxing and waning interest in providing an air terminal on Otay Mesa to serve U.S. air passenger users of flights in and out of Tijuana International Airport (TIA). The basic concept is to allow seamless travel between a U.S. terminal facility and flights to and from TIA. Since TIA has been privatized as part of Mexico's ambitious privatization of their airports, this concept has recently received renewed interest.

According to a recent news article, U.S. air travelers "make up a third of Tijuana passengers, who totaled 3.2 million in 1998."39

The grantee for the privatization franchise for TIA and the eleven other northwest Mexico airports that made up the bid package, is headed by AENA Servicios Aeronauticos, a Spanish government authority which owns and operates both civil and military airports in Spain. The Spanish consortium has several more months to submit their plans for upgrading airport operations and infrastructure. It has been reported that the franchise grantee is interested in the cross-border air terminal concept and may soon submit a proposal to the City of San Diego.

International Gateway of the Americas: In the past, this proposal was tied to the realignment of the southbound lanes of I-5 and I-805. However, the present plan for the International Gateway has been revised to not require modification of the interstate highways. The need for southbound inspection is covered in Chapter 10.

The International Gateway of the Americas, a privately financed project, has received conceptual approval from both the City of San Diego and the City of Tijuana. The basic proposal is to develop transit-oriented developments on both the north and south sides of the border.40 In March 2000 the local developers acquired the last of the 59 acres required for the U.S. portion of the project and reportedly secured $220 million in financing.

The proposed phase one of the development comprises twenty-three buildings just north of the Tijuana River and west of Virginia Avenue. The buildings would accommodate about eighty-five stores and fifteen restaurants. Groundbreaking is expected in the fall of 2000 with completion of phase one by spring of 2002. This phase of the project as presented in May 2000 is basically a high-grade commercial facility that has the combined features of a mall and a factory outlet development.

A dominant feature of the second phase of this project is a proposed pedestrian toll bridge crossing the Tijuana River. The plan requires a new pedestrian border crossing and, therefore, possibly a new Presidential Permit.

The federal General Services Administration, SANDAG, and Caltrans are the primary U.S. stakeholders in developing proposals and plans for the possible modification of I-5 and I-805 at the San Ysidro POE and a new southbound inspection facility. Land Grant Development is the organization promoting the International Gateway of the Americas.

summary

This chapter discusses the May 2000 status of California-Baja California land transportation conditions, their funded improvements, and significant proposed projects. There were several findings made that will be included in chapter 12.

It should be noted that the subject border area is very dynamic and that conditions, programs, and proposed projects can change rapidly. This may be especially true as both the U.S. and Mexico will soon be electing new administrations. Figure 2-8 (found in Appendix F) presents a chronicle chart portraying many of the issues, events, and responsibilities presented in this chapter.

3. review of border
land transportation issues

introduction

Task 2 of this study calls for the study team to determine the "status of land transportation presented in the previously published Phase I of this IISTPS study, Impacts of the North American Free Trade Agreement on Border Areas of the U.S. with Emphasis on the California Border with Mexico, and identify new policy-oriented issues resulting from Federal and State legislation as well as other recent actions."41 Chapter 3 covers this determination and is an update of the Task 2 interim report of 31 October 1999.

issues identification process

First, the previously issued IISTPS Phase I report, Impacts of the North American Free Trade Agreement on Border Areas of the U.S. with Emphasis on the California Border with Mexico, was reviewed to assess the current status of the issues identified in that study and those that should be given further consideration in this Phase II study.

In addition, the findings resulting from the Task 1 effort of this study were considered for inclusion in further deliberations.

The resulting key issues as reported herein were considered for further study after consultation with Caltrans District 11 Director and staff.

status of issues from Phase I report

The Phase I report identified 53 issues. These were assembled in a matrix that identified the issue, the agencies involved in each issue, and their level of involvement. The matrix also categorized the issues as follows:

1. Issues not appropriate for further consideration in the Phase I report.

2. Issues recommended for action at a later date.

3. Issues addressed by others.

4. Issues recommended for implementation in the near future.

As part of this task of the Phase II study, the 53 issues were revisited; the Category 4 issues to determine their status versus the recommendations in the report and the others to ascertain if their category status should be revised. The results of this review and evaluation are presented here:

CATEGORY 4 ISSUES

Issue 1 Recommendation

It was recommended that Caltrans undertake a statewide Intermodal Freight Connectors Study to obtain input for the pending federal TEA-21, section 1106(d) study.

5. The section 1106(d) study, as stipulated in TEA-21, calls for an Intermodal Freight Connectors Study to be reported to Congress by 9 June 2000 (two years after TEA-21 was signed). This study calls for "(A) review the condition of and improvements made, since the designation of the National Highway System, to connectors on the National Highway System that serve seaports, airports, and other intermodal freight transportation facilities; and (B) report to Congress on the results of such review."42 The recommendation of the Phase I report was not implemented and is given further consideration herein.

Issue 2 Recommendation

It was recommended that Caltrans District 11 study the state highway route continuity on Otay Mesa, and, if found logical and feasible, recommend state legislation to simplify route descriptions.

This recommendation has been addressed by Caltrans and suggested route revisions submitted for legislative consideration. Issue 29 is related to this topic. No further action on this issue is warranted.

Issue 3 Recommendation

It was recommended that Caltrans take a strong, active position with the U.S. DOT regarding section 1213(d) of TEA-21.

Section 1213(d) of TEA-21 called for an assessment of transportation infrastructure on the southwest border between the United States and Mexico to be reported to Congress within one year of the implementation of TEA-21. Since this study was scheduled to be reported to Congress by 9 June 1999, this section must be considered as having been implemented, and no further action is needed in this NAFTA II study. Unfortunately the time for the study as specified in the legislation was so restrictive that, in our judgment, the requirements of the study as present in the TEA-21 legislation were not met.

 

Issue 6 Recommendations

It was recommended that the Streets and Highways Code, Article 3, section 300 be revised to stipulate legislative intent regarding state highway service to international ports of entry within the state, and further, that all state highway routes that originate at the California-Baja California border be legislatively established as beginning at the international border or the boundary of the federal port of entry.

Suggested legislation to implement this recommendation was submitted to Caltrans District 11 Director by letter of 1 September 1999, and the District has indicated support; therefore, no further action is suggested.

Issue 8 Recommendation

It was recommended that Caltrans District 11 include in its submittal for statue update that "The border zone is defined as the area between the California-Baja California international border and a parallel line 100 km north."

This recommendation has been implemented by a District 11 submittal of proposed legislation, and no further consideration is warranted in this study.

Issue 10 Recommendation

It was recommended that Caltrans work with the Bi-State Transportation Technical Advisory Committee (BTTAC) to develop a bistate transportation planning process.

It is expected that the development of a bistate transportation planning process will be a time-consuming effort, and since the point has been made and recognized by Caltrans as to the need for such a process, no further action is appropriate as part of this study.

Issue 11 Recommendation

To improve binational transportation coordination, it was recommended that Caltrans, in cooperation with SANDAG and the Southern California Association of Governments (SCAG), work with the Good Neighbor Environmental Board (GNEB) to address the transportation issues raised in the EPA U.S.-Mexico Border XXI Program and similar border region programs monitored by the GNEB.

Caltrans and SANDAG now regularly participate in the appropriate activities of the U.S. Environmental Protection Agency, San Diego Liaison Office, and although that office has only loose ties to the actions of the GNEB, it serves as a communication conduit. No further action on this issue is warranted as long as Caltrans continues to monitor GNEB and EPA activities.

Issue 12 Recommendation

It was recommended that the California Department of Transportation request a legal opinion of the department's role and its responsibilities in regard to the Indian Nations directly affected by the department's projects.

This is a