BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                               AJR 4
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       Date of Hearing:   March 5, 2013

          ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT AND THE ECONOMY
                                 Jose Medina, Chair
          AJR 4 (Hueso and V. Manuel Pérez) - As Amended:  February 27, 2013
        
       SUBJECT  :   Border Infrastructure

        SUMMARY  :   Memorializes the California Legislature's desire to have  
       the federal government fund improvements at the San Ysidro, Otay Mesa,  
       and Calexico Ports of Entry (POE).  Specifically,  this bill  :

       1)Makes, among other declarations, that:

          a)   The U.S, Canada, and Mexico signed the North American Free  
            Trade Agreement (NAFTA) in 1993 to foster trade among the three  
            countries and improve the region's global competitiveness.  Since  
            its enactment, trade between the U.S. and Mexico has quintupled,  
            totaling $500 billion in 2011;

          b)   Mexico continues to be California's number one export market  
            with $25.8 billion in goods being exported to Mexico in 2011 and  
            accounting for 16% of all California exports;

          c)   Ninety-nine percent of trade between California and Mexico is  
            transported by trucks.  Border traffic congestion and delays  
            along the San Diego and Imperial Counties cost the U.S. and  
            Mexican economies an estimated $8.63 billion in gross output and  
            more than 73,900 jobs in 2007; 

          d)   New land POEs and improvement projects are under federal  
            jurisdiction and that border improvements are underway or planned  
            for the POE facilities at San Ysidro-Puerta Mexico, Otay  
            Mesa-Mesa de Otay, Calexico West; 

          e)   The General Accountability Office and the Department of  
            Homeland Security estimate that $6 billion in border  
            infrastructure is needed to fulfill their mission of preventing  
            unlawful entry and smuggling while facilitating legitimate trade  
            and tourism; and 

          f)   Since February 2009, the federal government has not funded  
            border infrastructure projects.

       2)Resolves that the Assembly and the Senate of the State of California  








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         urge the federal government, including the Department of Homeland  
         Security and the General Services Administration (GSA), to fund  
         necessary improvements at the San Ysidro, Otay Mesa, and Calexico  
         POE.  

        FISCAL EFFECT  :   None

        COMMENTS  :    

        1)Author's Comment  :  "Since the implementation of the North American  
         Free Trade Agreement (NAFTA), 99% of trade between California and  
         México is carried by trucks through regional land ports of entry.   
         The San Diego Association of Governments (SANDAG) released a study  
         which projects that the nearly two million trucks that crossed the  
         California-Mexico border in 2007 will increase to nearly five  
         million trucks in 2050. It also estimated that in 2007, border  
         traffic congestion and delays in San Diego and Imperial Counties  
         cost the U.S. and Mexican economies about $8.63 billion in gross  
         output and over 73,900 jobs.  Recognizing the need for improvement,  
         the GSA has already developed expansion projects for San Ysidro,  
         Calexico, and Otay Mesa Land Ports of Entry. However, contingent  
         federal funding has delayed project completion, resulting in  
         backlogs and lost revenue potential.

         AJR 4 recognizes the critical importance of our border crossings to  
         the economy and urges the federal government, including the  
         Department of Homeland Security and the GSA, to prioritize border  
         infrastructure and fund the necessary improvement.  Border  
         improvements are needed to reduce wait times and increase the  
         economic benefits of tourism, trade and commerce produced by secure  
         and efficient cross-border travel."

        2)Central Policy Question  :  This resolution seeks legislative support  
         for federal advocacy on behalf of three POE projects along the  
         California border with Mexico.  While it is the federal government's  
         responsibility to maintain the nation's borders, without  
         intervention, there is a concern that badly needed upgrades will be  
         delayed or illuminated due to broader federal budget discussions. 

         In making the case for full legislative support, the authors cite  
         the importance of trade to the California economy, the inability for  
         existing facilities to keep up with the demand resulting from NAFTA,  
         and the documented security issues with the existing POE facilities.  
          Each of these issues in discussed in greater detail below.









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        3)California's Trade Economy  :  California's $1.9 trillion economy  
         naturally functions as an independent economic power within the  
         global economy.  In fact, compared to other nations, California has  
         one of the 10 largest economies in the world, due to it being a  
         top-tier trade partner, a best-in-class investment location, a high  
         quality producer of goods and services, and the home and key access  
         point for a massive consumer-base.  In 2011, California exported  
         $159 billion in products to over 220 foreign countries.  While  
         California has been significantly impacted by the recession, exports  
         continued to increase in almost every quarter from 2010 through  
         2012.

         In 2011, cross-border trade between California and Mexico, including  
         imports and exports, was valued at more than $190 billion, making  
         Mexico the state's most important trade partner.  Total California  
         exports to Mexico were greater than $26 billion in 2011 and  
         included:  Computer and Electronic Products ($9.2 billion);  
         Transportation Equipment ($2 billion); Machinery, except Electrical  
         ($1.8 billion); Chemicals ($1.3 billion); and Food Manufactures  
         ($1.3 billion).

        4)Ongoing Legislative Focus on Border Infrastructure  :  The finance and  
         development of infrastructure as an economic recovery tool was the  
         subject of no less than seven policy and research committee hearings  
         during the 2011-12 Session.  Both the Assembly Committee on Jobs,  
         Economic Development, and the Economy (JEDE) and the Assembly Select  
         Committee on California/Mexico Bi-National Affairs (CMB-NA) focused  
         on financing options and the impediments that the current border  
         crossings had on the movement on goods, business development and  
         employment.  The authors of AJR 4 were the chairs of JEDE and the  
         CMB-NA committees during the 2011-12 Session.

         Three of the hearings were held in California border communities,  
         which allowed Members to tour and hear updates on the projects  
         referenced in AJR 4, as well as learn about the economic and  
         security challenges posed by the current facilities.  Outcomes from  
         these hearings included legislation (described below) to encourage  
         public/private partnerships, develop innovative bi-national  
         financing products, and to leverage technology as a means to  
         expedite border crossings.  

        5)Infrastructure:  A Major Challenge to California's Competitiveness  :   
         World class infrastructure plays a key role in business attraction,  
         as multinational companies consistently rank the quality of  
         infrastructure among their top four criteria in making investment  








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         decisions.  Research shows that as U.S. infrastructure has been in  
         decline, infrastructure in other countries is rapidly increasing.   
         The 2010-11 Global Competitiveness Report by the World Economic  
         Forum places U.S. infrastructure 23rd in the world, a drop from its  
         rank of 7th in 2000.   

         California's infrastructure is in a similar state, according to the  
         American Society of Civil Engineers, California Infrastructure  
         Report Card 2012, with an estimated $65 billion a year investment  
         gap.  The impact of this underinvestment is compounded by the  
         substantial new investments made in other states and nations,  
         including the expansion of the Panama Canal.  With the logistics  
         sector employing over 73,000 workers and intricately related to the  
         state's manufacturing sector, failing to remain competitive impacts  
         many California jobs.  
          
        6)Goods Movement Infrastructure  :  Goods movement supports employment,  
         business profit, and state and local tax revenue.  California  
         businesses rely heavily on the state's ports and their related  
         transportation systems to move manufactured goods.  Firms rely on  
         fast, flexible, and reliable shipping to link national and global  
         supply chains and bring products to the retail market.   
         Transportation breakdowns and congestion can idle entire global  
         production networks.  As a result, the capacity and efficiency of  
         land ports, seaports, and airports have become critical factors in  
         global trade.

         Changes in U.S. and global trade patterns since the enactment of  
         NAFTA have placed increased challenges on California's goods  
         movement system.  For California's border region, the increased  
         tourism, as well as the expanded supply chains for manufacturing and  
         product distribution have resulted in significant delays at border  
         crossings, decreased regional air quality, and border crossings that  
         are difficult to secure.

         U.S. firms with significant business passing through the Imperial  
         and San Diego County POEs report that their logistics-supply chains  
         are highly time sensitive.  Long wait times at border crossings  
         result in delays in receiving intermediary goods and ultimately lead  
         to problems in the manufacturing chain.  Long wait times (as high as  
         three to four hours) between Mexico and the U.S. along the Imperial  
         County - Baja California border  accounted for an estimated output  
         loss of $1.4 billion and 11,600 lost jobs nationally in 2007.  In  
         California losses were estimated at $436 million and 5,639 jobs for  
         2007.  By 2011, the negative economic impact on California grew to  








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         $620 million, according to the Southern California Association of  
         Governments.

        7)Port of Entry Enhancement  :  There are six land crossings referred to  
         as Points of Entry (POEs) along the California and Mexico border.   
         The San Diego County-Tijuana/Tecate region is home to the San  
         Ysidro-Puerta México, the Otay Mesa-Mesa de Otay, and the  
         Tecate-Tecate POEs while the Imperial County-Mexicali region hosts  
         the Calexico-Mexicali, Calexico East-Mexicali II, and Andrade-Los  
         Algodones POEs.   This resolution seeks to obtain federal funding  
         for three of these crossings:  Calexico, Otay Mesa, and San Ysidro.

              San Ysidro is the largest POE in the Western Hemisphere,  
            currently processing an average of 50,000 northbound vehicles and  
            25,000 southbound vehicles per day.  The San Diego Association of  
            Governments estimates an 87% increase in vehicle traffic by 2030.  
             The San Ysidro POE is currently undergoing construction of Phase  
            I of III and has a funding gap of $285 million.

              The Calexico POE serves over 16,000 privately owned vehicles  
            on an average day.  The U.S. GSA has stated that the existing  
            facilities are undersized relative to existing traffic loads and  
            that the facility is obsolete in terms of inspection officer  
            safety and border security.  This GSA designed project will  
            require the reconfiguration, as well as the expansion of the POE.  
             The project has an unfunded construction cost of $318 million.

              Otay Mesa is the busiest commercial POE in California handling  
            more than 1.4 million trucks and $31 billion worth of goods in  
            2009, according to the Otay Mesa Chamber of Commerce.  U.S.  
            Customs and Border Protection estimate that commercial truck  
            traffic will double by 2025.  The Otay Mesa POE improvements  
            include the reconfiguration and modernization of the existing  
            facilities and the development of a new East Otay Mesa POE, which  
            will be developed under a public/private venture.  The unfunded  
            public portion of the existing Otay Mesa POE is $161 million,  
            according to the terms of the resolution.

         In January, Assemblymember Hueso, one of the authors of the  
         resolution, sent a letter to President Barack Obama regarding the  
         need to complete the POE projects and the introduction of AJR 4.

        1)The Sequestration  :  The U.S. government continues to struggle in  
         meeting budget targets and reduce the federal deficit. While a  
         last-minute agreement delayed some cuts scheduled to automatically  








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         take effect in January, the February deadline passed without a  
         subsequent deal, triggering $85 billion in across-the-board budget  
         reductions.  Both defense and nondefense programs are subject to the  
         sequester.  Many of the large nondefense programs, including Social  
         Security, Medicaid, unemployment compensation, and veterans'  
         benefits are exempted from those cuts, and the reduction in Medicare  
         is limited to 2%.  

         In moving forward, it is likely that the federal Administration and  
         Congress will be reworking budgets of some impacted programs in  
         order to better align existing resources with national priorities.   
         While federal money may be tight, to the extent that AJR 4 seeks  
         federal funding for existing projects recommended by GSA to support  
         economic growth and protect the security of the nation, there may be  
         funding opportunities as part of broader budget discussions. 

        2)Related legislation  :  Below is a list of bills related to California  
         and Mexico border infrastructure.

          a)   AB 1545 (V. Manuel Perez) Bi-National Infrastructure and  
            Economic Development Bank:  This bill would have expanded the  
            role of the California Infrastructure and Economic Development  
            Bank (I-Bank) to include facilitating infrastructure and economic  
            development financing activities within the California and Mexico  
            border region.  Status:  Held in the Senate Committee on  
            Appropriations, 2012.

          b)   AB 2113 (Hueso) Enhanced Driver License:  This bill would have  
            authorized issuance of an enhanced driver license for the purpose  
            of expediting border entry.  The license would be designed with  
            as a standard driver license with transmission technology to  
            denote identity and citizenship for persons entering the U.S. at  
            land and sea POEs.  This measure is the result of testimony taken  
            at several CMB-NA hearings held in 2011 and 2012.  Status:  Held  
            in Assembly Committee on Appropriations, 2012.

          c)   SJR 13 (Vargas) Public Utilities and Cross Border  
            Transmission:  This resolution calls on the Secretary of the U.S.  
            Department of Energy to reject Sepmpra Energy's application to  
            construct the Energia Sierra Juárez cross-border transmission  
            line between Mexico and California in order to preserve jobs in  
            California, promote energy independence and uphold California's  
            labor and environmental laws.  Status:  Approved, Resolution  
            Chapter 96, Statutes of 2011.









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          d)   SJR 16 (Vargas) Calexico West POE:  This resolution declares  
            the Legislature's support for a public-private partnership to  
            renovate and expand the Calexico West POE and urges Congress to  
            enact guiding legislation to authorize private-public  
            partnerships, such as the one proposed for the expansion of the  
            Calexico West POE.  Status:  Approved, Resolution Chapter 124,  
            Statutes of 2012.
        
       REGISTERED SUPPORT / OPPOSITION  :   

        Support 
        
       American Federation of State, County and Municipal Employees
       Imperial County Transportation Commission
       Otay Mesa Chamber of Commerce

        Opposition 
        
       None on file
        

       Analysis Prepared by  :    Toni Symonds / J., E.D. & E. / (916) 319-2090