Coordinating the Air: Institutions and Strategic Interactions - International Public Policy Association
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Coordinating the Air: Institutions and Strategic Interactions. Roberto Rodríguez R.1 Sciences Po Introduction Cities have become relevant actors on policymaking. Their role has changed from being mere recipients of national policies to become active participants on policy formulation and implementation (Le Galès & Therborn, 2010; Wolman, 2012). In environmental matters, cities are recognized to be strategic sites that deal with diverse issues such as sustainable development, air quality and climate change (Castán Broto, 2017; Rosol, Béal, & Mössner, 2017). But cities are still dependent on other actors. Institutional frameworks and other policies partially defined by other levels of government have a strong influence on policymaking in cities (Peters & Pierre, 2012). Overall, the state reconfiguration has brought “new” logics, leading to diverse governance arrangements that imply an interrelation of governmental agencies, levels of government, institutions and non governmental actors (Le Galès, 2014; Pierre, 2000). Within governance arrangements diverse actors coexist, each one with somewhat defined attributions (Voß, 2007) in charge of implementing different policy instruments. Such interrelation poses a problem of coordination. Current studies on policy coordination treat it as a response to fragmented government action due to specialization (Bouckaert, Peters, & Verhoest, 2010; Cejudo & Michel, 2017). However, it must take into account the set of mutual dependencies. This is not new, previous studies have dealt with the way actors affect each other and its effects on coordination (Duran & Lazega, 2015; Duran & Thoenig, 1996; Greenwood, 2016; Lindblom, 1965). Coordination has to be treated then as a response to fragmentations and dependencies taking place within diverse governance arrangements. 1 PhD Student at the Center for European Studies and Comparative Politics of Sciences Po-Paris. roberto.rodriguez@sciencespo.fr. Preliminary Working Draft. Please do not circulate, quote or cite without author's permission. 1
This assumption leads to analyze policy coordination processes in two levels: one institutional, that distributes attributions to fragmented actors and another relational, in which mutual dependencies of actors lead to strategic interactions. These two levels interplay, generating diverse outcomes. Drawing on the case of air quality policy in Mexico City (CDMX)2, the aim of this paper is to show how the outcomes of coordination processes are product of such interplay. In other words, how the strategic interactions and the institutional setting influence policy coordination processes, leading to diverse outcomes product of those dynamics. Relational nature of coordination: fragmentation and mutual dependence Policy coordination is often treated as a response to a problem of fragmented government action caused by specialization (6, 2004; Bouckaert et al., 2010; Cejudo & Michel, 2017; Peters, 2015). Governments segment their domains of action to be specialized in many issues so they can be more effective when intervening in a particular problem. This results in a set of organizations and governments implementing policies in different policy domains that could either be divided into substantive topics (targeted on specific areas, such as environment, health, security, etc.), target groups, or geographical areas (May, Sapotichne, & Workman, 2006). However, posing coordination only as a response to fragmentations falls short on its relational nature. Attention must be paid also to the set of mutual dependencies that are present during the policymaking process. The focus on dependence is not new. For instance, Lindblom (1965) viewed the problem of coordination as one of adapting a set of mutually dependent decisions. The mere fact that different actors work together to achieve a common objective means that they all depend on each other actions. In order to achieve coordination actors must also realize that their actions affect and get affected 2 CDMX was also known as Federal District (Distrito Federal or D.F.). A constitutional reform in 1993 homologated the names D.F. and Mexico City. However it’s official name changed as of 2016 to be known only as Mexico City. In this paper both names are used indistinctively. 2
by others. Hall et al capture that sort of view on their definition of inter- organizational coordination, it is “defined as the extent to which organizations attempt to ensure that their activities take into account those of other organizations” (1977, p. 459). The nature of public problems and decentralization lay behind the set of fragmented organizations that must work together and become dependent on a specific issue. Problem definition and its subsequent solution define whether some organizations or levels of government have a role on a policy within a specific domain (Scharpf, 1997). It affects the policy choice and in consequence the mutually-dependent organizations that will be in charge of executing the policy actions (Kingdon, 2014; Moore, 1976). Depending on the problem framing, diverse laws, plans or directives may be issued to stress the division of tasks that each actor involved has to carry out.3 More complexities arise when the cross-sectional nature of some problems requires an integrated solution in which different agencies at many levels are involved in order to achieve such common goal (Candel & Biesbroek, 2016; Howlett, 2009; Jochim & May, 2010; May, 2015). Under a merely functional logic, decentralization processes delegate the responsibility of implementing policy actions to subnational governments with the idea that they have a better knowledge on the local conditions and may lead to more effective interventions. This might depend on the type of state organization (federal or unitary) and the different models of intergovernmental relations (Agranoff & Radin, 2014; Wright, 1988) that arise depending on the issue. Decentralization fragments and gives autonomy to subnational governments that sometimes have to work together with other levels of government creating mutual dependencies where ”decisions by one government in one or more specific functional area impact other governments and other governmental functions” (Feiock, 2013, p. 397). 3 For example, Lascoumes and Le Galès names the plans and frameworks as meta- instruments of coordination because they define how instruments have to be coordinated (Lascoumes & Le Galès, 2007). 3
Decentralization processes have not being merely technical. The type and degree of decentralization is a good example that fragmentations do not only arise by division of labor, but also from the political environment. There can be an implicit technical reason for the division of labor, but political factors should also be considered. Either in federal or unitary systems subnational authorities are strengthened with decentralization (Stren, 2012), leading to a reconfiguration of attributions and linking relationships between the levels of government (Skowronek, 1982). Overall it means transferring powers to autonomous and politically diverse lower levels government, creating political fragmentations. Fragmentations and dependencies are an inherent condition of every aspect of governmental action addressing a public problem. Coordination processes arise in response to a collective action problem that tries to manage fragmented but mutually dependent actors in charge of implementing policy. Conversely, this means understanding coordination as the result of the interplay between two levels: one institutional and one relational. Policy coordination processes as an interplay between institutions and strategic actions The logic behind the distribution of attributions and its implications can be found in the developments of the new institutionalism. According to Rational Choice Institutionalism (RCI), institutions are created in response to cooperation conflicts. They are “ex ante agreements about a structure of cooperation” (Shepsle, 1986, p. 74) as they look to inhibit opportunistic behavior and enable positive and stable collective action (Shepsle, 1986). In their absence, individuals face a “social dilemma”, where “their behavior makes all worse off” (Weingast, 2002, p. 670). Institutions anticipate to possible behaviors by establishing a set of rules to accomplish a particular objective. Once created, they condition action by supporting cooperation in contexts of strategic interaction (P. A. Hall, 2016). To cope with fragmentations and induce coordination, institutions distribute functions and responsibilities to actors. 4
A RCI view of this type is useful to understand the role of institutions as structuring elements that serve a purpose, if the problem were only fragmentations due to specialization. RCI may fall short when addressing fragmentations of other nature and mutual dependencies of strategic actors. What happens at this so-called institutional level of policy coordination processes can be better understood by the developments of Historical Institutionalism that treat institutions as “distributional instruments laden with power implications” (Mahoney & Thelen, 2010, p. 7). As a choice, institutions are the result of struggles among unequal actors (Pierson & Skocpol, 2002). At the same time, what they do is to distribute power, giving disproportionate access to decision-making processes (P. A. Hall & Taylor, 1996; Mahoney & Thelen, 2010). While distributing functions, institutions also distribute power. The distributional consequences are result of resource considerations regarding unequal implications of its allocation. It’s about which resources are distributed to whom and in what conditions. Whenever the distribution of attributions changes, what we could expect is that coordination processes are molded, to use Thelen’s words, “through periodic political realignment and renegotiation” (2004, p. 30). This kind of approach moves away from a functionalist view of institutions and expands the reach of the institutional level. It is helpful to understand the distribution of attributions as result of diverse fragmentations. Dependencies, on the other hand, are a matter of a second, relational level. For their analysis, the sociology of organized action proves useful. The institutional configuration defines the players and the rules of the game by distributing attributions and faculties among actors (Scharpf, 1997), opening opportunities to exert power (Mahoney & Thelen, 2010). Moreover, policy coordination processes imply a dependence between multiple actors within and among organizations and institutional levels that are interconnected through power relations (Pinson, 2015). This relational power is generated by the strategic behaviors of actors that interact on a resource exchange basis (Bergeron, 2018). They negotiate using their incertitude areas often generated 5
by the institutional framework itself (Crozier, 2010). In this matter, dependence is a basis for power (Fligstein, 1987). Resource exchange processes (or negotiation) define the kind of cooperation achieved. In that sense, power relations would be stable to the extent they are reciprocal and “link long-term interdependent actors in the achievement of a common objective” (Bergeron, 2018, p. 68). Therefore, “the need for coordination is in function of the degree of the existing interdependence modalities between the parts of an inter organizational or intra organizational system” (Duran & Lazega, 2015, p. 295). This means that to the extent that mutual dependencies are traduced into interdependencies, coordination on a relational basis may be achieved (Duran & Thoenig, 1996). Mutual dependence as treated here is an inherent condition of any relationship involving two or more actors regarding their role in policy implementation. It means that their actions and decisions influence each other (Bergeron, 2018). Interdependence, on the other hand, has a normative nature, and refers to an end state where such mutual dependencies are acknowledged. It is when there is a mutual recognition of the roles played by each and anyone of the actors involved on the implementation of a determined policy (Duran & Lazega, 2015). As the institutional approach suggest, actors are influenced by institutional arrangements (Mahoney & Thelen, 2010). At the same time this institutional control rests contingent on the structure of the existent interdependence relationships within a social group (Ferguson on Bergeron, 2018). Collective action is thus structured within “systems of action” that define the rules of the game. They organize and regulate the dependencies between the participants and the exchange processes; at the same time, such rules interplay with the strategic interactions and processes of exchange and power between actors (Crozier & Friedberg, 1977). Policy coordination processes are shaped by the interplay between an institutional level that is in charge of distributing attributions and a relational level, where mutually dependent actors develop strategic behaviors. This takes 6
place when policy instruments are implemented under loosely coupled governance arrangements. Policy instruments and governance arrangements, where does the city stand? Policy instruments are how “government makes the link between wish and fulfillment” (Hood, 1983, p. 8). They are the tools used to implement policy decisions and the channels through which public policies intend to achieve behavior changes on target populations. Such link between decision and action and the effects produced by the choice and use of instruments are problematic and have significant effects when implemented (Hood, 1983; Lascoumes & Le Galès, 2007). Focusing on the way instruments are put in action remits to the study of instrumentation involving both “the reasons that drive towards retaining one instrument rather than another [as well as] envisaging the effects produced by these choices” (Lascoumes & Le Galès, 2007, p. 4). Studying instrumentation is then to problematize policy instruments themselves, to give a dynamic perspective on these technical devices and their dynamics surrounding them . Policy coordination will then be a product of such instrumentation embedded in governance arrangements, leading to different effects independent of their intended goals (Kassim & Le Galès, 2010). Within a specific urban context, in a determined policy space, there are different sets of administrative and political fragmentations. Three dimensions of governance can be accounted for: internal or local governance, vertical or multi-level governance and horizontal or metropolitan governance. In urban (or local) governance the role of local government is still preeminent but also takes into account the strategic capacity and the negotiation dynamics with other non-governmental actors, such as civil society, private representatives, enterprises, NGOs, etc. (Le Galès, 1995). Governance plays different in different contexts and there is no single, universal mode (Pierre, 2011); they reflect norms, ideas and practices of a particular context and they 7
are in function of different modes of democracy, the role of government in both, economic development and in the relations with the civil society (Pierre, 1999). In addition to local governance, different issues and problems are addressed across a specific configuration of the powers, attributions and the decisional logics within federal or unitary systems. Intergovernmental relations affect the nature of policymaking and implementation depending on the degree of involvement of each level of government in terms of their defined powers and attributions (Agranoff, 2011). Relationships of this kind have complex patterns of dependence due to issues such as overlapping jurisdictions and are defined as multi-level or intergovernmental governance (Hooghe & Marks, 2003; Vlahos, 2013). The third dimension has to do with the horizontal relationships between local governments. Metropolitan governance amongst neighboring local governments emerge from this logic; they stress the need for taking into account the connections between policies and how their implementation is either tied through the provision of services or the dependencies between local governments (Hendrick & Shi, 2015; Lefèvre, 1998). Policies can be implemented through the whole governmental span of action: within and among each one of the levels of government. The presence or absence of some actors creates diverse governance arrangements that shape policy processes. Not all the actors are necessarily present in every policy action. As previously argued their presence or absence depends on the problem framing and on whether the policy requires the involvement of other levels of government or non-governmental actors. Cities are embedded in a wide range of governance arrangements each one of which defines itself as a particular political space –as defined by Stone Sweet, Fligstein and Sandholtz (2001) 4 , that operates around a certain policy. 4 According to them actors, organizations and levels of government interact under specific political spaces, where they “make, apply, interpret, and enforce rules” (2001). These spaces have formalized but changing structures that define the roles of actors in 8
Specifically, governance arrangements are particular institutional designs in which the attributions of mutually dependent actors are (unevenly) distributed under a specific policy domain. This means that such a structure defines the “players” as well as what they are allowed to do. These types of institutional designs change over time, redefining the players as well as constantly redistributing their attributions. Moreover, within this arrangements mutually dependent actors develop strategic interactions. Analyzing policy coordination Coordination processes are embedded in governance arrangements, therefore affected by the interplay between institutional and relational considerations. Governments try to deal with these complexities by deploying any sort of mechanisms embodied in the form of hierarchies, markets or networks (Bouckaert et al., 2010; Capano, Howlett, & Ramesh, 2015; Howlett, 2009; Thompson, Frances, Levacic, & Mitchell, 1991).5 They are put in place with the aim to coordinate the multiple policy instruments that happen to be implemented by several actors. However, coordination can be achieved without specific mechanisms deployed (Chisholm, 1989). Coordination capacities don’t necessarily arise only by rules, authority, hierarchy or either power, but from a plurality of devices that take into account power and negotiation, market relationships, hierarchies and logics of trust and reciprocity (Friedberg, 1997; Kaufmann & Sager, 2019; Pinson, 2015; Sager, 2005). This is more evident in a context where the state is no longer the hegemonic actor (Le Galès, 1998, 2014; Pierre, 2000). All the actors require negotiation capacities in a new public action reality, characterized by the political process and thus influence a determined outcome (Stone Sweet et al., 2001). 5 Markets involve voluntary exchange of goods and services between two parties. It is by nature decentralized and motivated by self-interest (Williamson, 1973, 1979, 1996). Hierarchies involve organizations and stratification of authority with defined spheres of competence in order to achieve high levels of efficiency while accomplishing a common objective. Finally, networks presuppose cooperation and trust out of their members. Individuals engage themselves in “reciprocal, preferential, mutually supportive actions” (Powell, 1990). Respectively, each one of the three models has commonly established control mechanisms: prices, authority and trust (Bradach & Eccles, 1989). 9
transversal problems, among a wide variety of mutually dependent actors with sometimes contradictory interests; and embedded in a turbulent environment (Duran & Lazega, 2015; Duran & Thoenig, 1996; Jessop, 1995, 2016). Addressing coordination as a response to fragmentation/dependence through governance arrangements requires a comprehensive analysis of 1) institutions as distributive elements that structure behavior, distribute power and provide policy choices (Pierre, 1999, 2011; Scharpf, 1997) and 2) the relational aspect of the interactions in the instrumentation process. The two-level interplay can bring out different outcomes. For example, sometimes actors exert their attributions and responsibilities if they have the correct incentives. Sometimes they use their attributions as a resource for negotiation and force others to cooperate. Sometimes they just decide to cooperate because they involve themselves in cooperation-based networks. A way to grasp the effects of such interplay is by looking for institutional changes affecting governance arrangements. Such configurations are structurally contingent, thus shaped by time and space-specific institutional factors (Hyden, Court, & Mease, 2004). Changes in governance arrangements could be either abrupt or incremental, resulting of day-by-day interactions between institutions, actors, and organizations throughout time (Thelen, 2004). In fact the arrangements have been transformed gradually through political realignments and the incorporation of new groups whose role was unanticipated (Le Galès, 2014; Pierre, 2000). Tracing institutional change will reveal how the balance of power of governance arrangements has been affected either by abrupt changes or through periodic readjustments and negotiations (Mahoney & Thelen, 2010; Thelen, 2004). The shifts in governance arrangements change the distribution of power of the actors in a determined policy domain and influence at the institutional level the way in which coordination processes are shaped. Moreover, when looking at such configurations, one must account for the combined effects of institutions in place, among with other processes (Pierson & Skocpol, 2002) that in this case are molded by the interactions of mutually dependent, strategic actors 10
and organizations. The combined effect of such interplay determines the outcomes of such coordination. To show the interplay between the institutional and the relational levels and its effects on policy coordination, the research is carried out through a longitudinal study. Drawing on the case of the environmental contingencies program (implemented to deal with pollution peaks), the study traces the institutional changes and the development of the relational dynamics of the governance arrangements and their effects on coordination processes of policy instruments of air quality policy in Mexico City. The chosen time period is from 1986 to 2018. The starting point was chosen on the basis that in the late 80s the pollution levels in Mexico City Metropolitan Area (ZMVM) turned into an environmental crisis, encouraging the deployment of plans and instruments to cope with it. The first systematic instrument to measure pollution was formally established in 1986. Data collection includes the review of laws, norms, regulations, plans, previous research, and 24 semi- structured in-person interviews with civil servants from the federal and local governments of Mexico City and the State of Mexico (EDOMEX) and members of NGOs. Following the instruments: Tracking the interplay between institutions and strategic actions Air quality policy in Mexico is mostly dedicated to contain and prevent pollution peaks. The preferred method to coordinate is through ad hoc commissions that have gone over diverse design transformations linked to institutional changes. The main focus on the instrumentation is posed on the interactions within and around such commissions, mostly regarding crisis avoidance and management. Mobile sources (vehicles) are the main contributors for such outbreaks. When those crises occur, an “environmental contingency program” is put in place. It is a protocol where different measures are activated in order to diminish the pollution levels and to go back to standards set up by the Secretary of Health and Assitance (SSA). Activating the program means that atmospheric pollution 11
has reached dangerous levels for health and immediate measures are taken. Depending of the levels, the program can reach different phases, each one with differentiated measures. They comprise the shut down of industrial activity, driving restrictions and if the levels become even more dangerous, the population is advised to stay indoors and avoid any kind of outside activity (CDMX, 2019c). Four main instruments are involved in the environmental contingency program: regulations, pollution index, driving restrictions and vehicle inspections. They are fundamental for either preventing or managing the pollution crisis. Regulations set standards on diverse issues that have an effect on air quality. They elaboration is attributed to the federal government and are commonly known as the Mexican Official Norms (NOM). Different types of NOMs are developed depending on their focus. For instance, some are devoted to regulate the auto industry regarding engine’s emissions, jointly elaborated by the Secretary of Environment and Natural Resources (SEMARNAT) and the Secretary of Economy (SE). Other NOM regulate health standards and determine the permissible thresholds of pollution-damaging levels (elaborated by SSA). Some other NOMs are issued for the standards and procedures that must be observed in vehicle inspection centers. All these norms are elaborated by federal organizations and in their elaboration or updating process they are supposed to follow consultation forums with the actors involved on the sector. The pollution index is commonly known as the Metropolitan Index for Air Quality (IMECA). It is an informational instrument devoted to disseminate to the general public the data of the pollution levels and its possible health damages. It was elaborated in 1982 and finally made public in 1986.6 IMECA reports on a daily basis the information gathered by the monitoring stations on 6 The index has a predecessor, the IMEXCA that was first developed in 1977 by the General Direction of Environmental Sanitation of SSA. It was inspired on U.S. regulations (Lezama, 2010a) 12
5 pollutants.7 It is represented in a 0 to 500 scale, in which 100 is assigned to the limit of health-damaging emissions. Less than 100 points is considered low risk and when it goes over 100, it implies health hazards (SEMARNAT, n.d.). The bigger the number, the higher the risks for human health caused by pollution (Ezcurra, 1991). At first the federal government calculated it; later it became a local norm. As of 2006 IMECA changed to become the Air Quality Index (ICA) and is calculated by the Secretary of Environment of Mexico City (SEDEMA) linked to SSA-NOM. Vehicle inspections ensure that vehicles stick to the emission criteria set by the SSA and SE issued NOMs. CDMX, it’s neighboring state, the State of Mexico (EDOMEX) and the Secretary of Communications and Transports (SCT) (in charge of freight transport) implement them through the “verifications program”. Driving restrictions are known as the “No driving day” program (Hoy no circula- HNC).8 Since 1996 the verification program was coupled to HNC. Depending on some characteristics such as the model year, the type of fuel and the emission levels, vehicles could obtain exemptions on HNC (Gakenheimer et al., 2002).9 They are able to circulate 7 days a week even when contingency phase 1 is activated. The way through which these instruments relate to the pollution crisis is the following. Contingencies are activated (jointly by SEMARNAT, CDMX and EDOMEX) when IMECA surpasses certain thresholds. IMECA methodology is a local norm, which is paired to the federal NOMs released by SSA that determine the highest permissible emission levels. When contingencies are activated many actions are taken to reduce atmospheric pollution. One of them 7 The criteria pollutants are: sulfur dioxide (SO2), carbon monoxide (CO), nitrogen dioxide (NO2), ozone (O3) and Particles under 10 micrometers (PM10). 8 According the last digit of the license plate, vehicles are issued a sticker in one of five colors, each one representing the five weekdays. Vehicles that have the color corresponding a weekday cannot circulate. 9 The exemptions worked under a system of hologram-stickers. The most polluting vehicles got the “hologram 2” which meant that they would have driving restrictions twice a week. “Hologram 1” meant driving restrictions once every week. “Hologram 0” exempted vehicles from restrictions. Later, on 2001, the “hologram 00” was introduced. That meant that they would have all the advantages of hologram 0 plus skipping the verification process for two years. 13
is when CDMX and EDOMEX governments enforce stricter driving restrictions (HNC) that would vary depending on the vehicles’ emissions. The auto industry is compelled to stick to NOMs that regulate their vehicle emission technology (SEMARNAT and Secretary of Economy (formerly SECOFI) jointly elaborate such regulations). The way to determine whether a vehicle has permission to circulate daily and in contingency episodes is by making regular inspections through the verifications program, which is implemented by CDMX, EDOMEX and SCT (for the freight transport). Vehicle inspections ensure that their emissions stick to standards set by SEMARNAT regulations. Depending on the emission range of a vehicle it can obtain a free pass to drive the whole week (exempt HNC) and sometimes even during environmental contingencies. The city’s takeover, getting the president’s attention In the late 1980’s air pollution levels in Mexico City were so high that birds were falling dead from the sky ("Miles de aves murieron por la infición", 1987). It was not until that period when instruments to control pollution episodes were deployed more intensively and when CDMX got a more active role. It was a problem in the city but not yet the city’s problem. Strong activism of civil society gave saliency to the air pollution problem at the end of the 80’s. A growing number of organizations criticized the role of the government handling environmental issues (Gilbreath, 2003). They were able to get media attention and to seize the spirit of solidarity among Mexico City’s inhabitants after the 1985 earthquake (Lezama, 2010b; Quadri de la Torre, 1991).10 Indeed, by 1986 CDMX was the most polluted city in the planet. Monitoring stations recorded 47 registries with more than 400 IMECA points.11 By then most plans and actions for controlling pollution had a limited impact but they 10 At the beginning of 1985, a group of one hundred artists and intellectuals (that would later be known as “the group of the 100”) published a manuscript calling for governmental action to reduce the high levels of air pollution and its consequences for health and the environment (Aridjis, 1985). They had media connections and also some ties with the political class, giving them considerable media attention (Aridjis & Ferber, 2019; Quadri de la Torre, 1991). 11 The standards set on the criteria were lower than those proposed by the World Health Organization and the United States. 14
set the basis for the development of the verifications program and HNC that would be picked up in further measures (Garza & Aragón, 1995). The plan “100 Necessary Actions” established stricter limits for vehicle’s emissions and a mandatory inspection twice a year in DF and EDOMEX (Garza & Aragón, 1995). The crisis pushed CONADE 12 to implement a “contingency plan” in May of 1986 13 and two other programs. The first was “A day without a car” as a temporary measure for the winter of 1989-1990 (Miller, 1991) that then turned into a permanent program in February 1990 with the name “no-driving day” (Hoy No Circula- HNC). The other action was a mandatory vehicle emissions inspection for all the vehicles of the ZMVM twice a year, the “Vehicle Verification Program” (VVP). Till that moment, most of the attributions to control air pollution were under the federal government. The institutional framework evolved without giving a more prominent role to the city or the subnational governments. The institutional construction of the air quality policy began in the early 70s with the “Federal Law to Prevent and Control Environmental Pollution” (LFPCCA) (Lezama, 2010b). The problem was framed on the consequences that atmospheric pollution has on health, with a highly centralized logic. The issue was under control of the federal Secretary for Health and Assistance (SSA).14 At the sub national level, D.F. and other States had a marginal role only as 15 “auxiliary authorities” to the SSA. Later on, the creation of the Undersecretary of Ecology in 1983 within the nascent Secretary for Urban 12 The National Commission of Ecology (CONADE) was created in 1985 to foster inter- sectorial coordination (Agreement to create CONADE, 1985). It played an important technical role for the actions included in the Presidential Decree of February 14th 1986. 13 From May 1986 to November 1989, phase 1 contingency was activated at 200 IMECA points and phase 2 when it reached 300 . 14 The Under-Secretary of Environmental Improvement (SSMA), created in 1972 was in charge of environmental policy. The law comprised also the involvement of other sectors to control water, soil and pollution derived by industrial activities, so the Secretary of Hydraulic Resources (SRH), the Secretary of Agriculture and Livestock (SAGAR) and the Secretary of Industry and Commerce (SIC) were also involved. 15 They had only one attribution that was shared with the Secretary of Communications and Transportation (SCT): the emission control of mobile sources. The LFPCCA was substituted by the Federal Law of for the Protection of the Environment (LFPA) in 1982 but without any change in terms of attributions or a more decentralized logic (LFPA, 1982). 15
Development and Ecology (SEDUE) reframed the issue from one entirely focused on health to one more related to population growth and the complex set of urban practices (INECC, 2009). However, not even that led to a deeper involvement of D.F.. This was because of two reasons. First, there was a strong control of the executive in all policy areas under the 16 hegemonic party regime (Casar, 1996). The central management of environmental functions was apparently opposed to the decentralization wave that was hitting the country in the early 80s.17 However, the decentralization reforms showed a very limited impact on local governments and policymaking remained highly concentrated in the center. Such logic was evident in the National Ecology Program 1984-1988 (PNE) or the Presidential Decree of February 14th of 198618 where environmental policy is seen as an exclusive attribution of the federal government (Decree, 1986). In addition, between 1917 (when the actual constitution was enacted) and 1996 Mexico City was conceived as an administrative entity under direct control of the executive. As consequence, there was not a clear differentiation between national and local policies in D.F., creating some sort of a paradox: all the city’s problems were treated as national ones, giving D.F. a disproportionate political importance; conversely, there were not significant urban policies devoted to deal with specific problems in D.F. because it was not seen as a city but as another administrative sector (Loaeza, 1995). That put D.F. in an ambiguous position as reflected by the 1988 the Law for Ecologic Equilibrium and Environmental Protection (LGEEPA).19 It indicated that all the 16 Under the PRI regime, the party managed to permeate the political institutions and define its behavior. It created an “indivisible and unitary government” in the three branches (executive, legislative and judiciary) as well as among the levels of government –federal, state and local (Casar, 1996). 17 In 1983 came a major constitutional reform to article 115 whose purpose was the empowerment of state and local governments. It sought to strengthen administrative, economic and political autonomy of states and municipalities by redistributing faculties and attributions among the three levels of government (Beltrán & Portilla, 2010). 18 It delineated a series of specific actions that had to be carried out to fight environmental pollution under presidential instruction. The decree was issued in response of the high levels of pollution reached at that moment. 19 Substituted the 1982 LFPA. 16
matters of the law should be tackled jointly between the three levels of government within their respective jurisdictions (LGEEPA, 1988). On the one hand gave D.F. the same attributions granted to the states and municipalities (which were formally autonomous) and on the other hand it was subordinated to SEDUE (LGEEPA 1988). It was in the aftermath of the air pollution crisis when the city’s administration took over the air quality policy. Civil society contributed to the saliency of the issue but what really made the city’s government to attract it was the social discomfort after the 1988 elections. Under fraud allegations20, the hegemonic party, PRI almost lost the presidency. That created a political turmoil in the city, involving a more active participation of the civil society forcing the authorities to take immediate action in many policy matters (Gilbreath, 2003; Loaeza, 1995). If the president wanted to remain powerful, he had to be more aware of the society claims, especially in highly politicized issues; and atmospheric pollution was one of them. Besides contingencies, air pollution crisis demanded immediate action so the president ordered the elaboration of the Integral Program Against Atmospheric Pollution in the Metropolitan Area of Mexico City (PICCA). It was the first real effort of inter-sectorial, multi-level policy coordination (Lezama, 2000). 21 However, D.F.’s principal limitation to implement PICCA was the tasks allocated to other actors –the members of the cabinet and EDOMEX. As before, the tasks were dispersed through many actors that didn’t share the same levels of commitment or don’t have incentives to develop their tasks (Mumme, Bath, & Assetto, 1988). As former head of SEDUE, air quality was important for DDF’s head, Manuel Camacho Solís (1988-1993). Moreover, he had political aspirations (Miller, 20 Cuauhtémoc Cárdenas was very close to defeat Carlos Salinas (candidate from PRI and president from 1988 to 1994). Cárdenas alleged electoral fraud and because of the high number of supporters, such accusations caused social discomfort in many sectors of the society. 21 This plan was followed the Programs to Improve Air Quality (PROAIRES). To-date, 3 PROAIRES have been issued: PROAIRE 1 (1995-2000), PROAIRE 2 (2002-2010) and PROAIRE 3 (2011-2020) 17
1991) and as one of the PRI’s frontrunners for the next presidential elections (Interview 46). The saliency of the topic and putting himself at the lead of it would help him to gain adepts for his nomination. That brought him to attract the issue and to put the city on a leading position. In PICCA, most of the actions to reduce pollution were related to fuel quality, which was a monopoly of the state (Secretary of Energy, Minning and Government-controlled Industry (SEMIP) and the Mexican Oil Company - PEMEX), and the car industry, regulated by the Secretary of Commerce and Industrial Development (SECOFI) (DDF, 1990). To lower the pollution levels in the city the Department of the Federal District (DDF)22 was dependent on other secretaries23 that weren’t acting as PICCA presupposed because LGEEPA and PICCA itself distributed attributions without any kind of formal incentives for their compliance. In addition, other members of the cabinet would also have their own agendas and aspirations.24 At the end, the actions by other secretaries (SECOFI, SEMIP and PEMEX) resulted indeed determinant on improving air quality (Molina & Molina, 2002b).25 Sectorial actors were not self-motivated to carry out such tasks and laws were not binding, but they acted under the president’s commands. Under the hyper-presidential regime 26 , if anybody at the top of the government 22 DDF was the administrative entity in charge of D.F. The head of DDF was officially named Chief of DDF and commonly called “Regent”. The position was cabinet-level. This position disappeared in 1997, with the first election of the Head of Government 23 Miller gives a good example of the dependencies involved on fighting pollution: “[W]hile the Mayor has the power to license and regulate the operation of vehicles that circulate in the city, he lacks the authority to regulate vehicle design. Thus, if the Mayor decided to combat air pollution by requiring catalytic converters in all new automobiles, he would need the support of the Secretary of Commerce and Industry, who works with automobile manufacturers, to establish design and production goals. He would also need the assistance of the Secretary of Energy… to assure that PEMEX would be able to produce or purchase an adequate supply of the unleaded gasoline required for use with catalytic converters. Finally, the Mayor would need the cooperation of SEDUE, which sets emissions standards” (1991, pp. 188–189). 24 It was a common practice that the President’s appointee to succeed him came out of his cabinet members. 25 The “18 de marzo” oil refinery in 1991 helped to lower the emissions of some criteria pollutants such as SO2 and lead (Molina & Molina, 2002b). 26 In such a system, there was a strong control from the executive regarding all matters of political life. There was almost absolute concentration of power on the presidential institution (Carpizo, 2002; Serrano Migallón, 2006; Ugalde, 2000) 18
wanted something to be done and compel the others to do their part, she or he would have to reach the president and convince him to throw instructions. What D.F. needed was to gain positions and control on several issues. Regent Camacho was perfectly aware of that and went to the president to get his support and to tell the others to line up together (Interview 34). 27 An immediate response for that was the creation by presidential instruction of a coordinating body on air quality policy: the Commission for Pollution Prevention and Control in the Mexico City Metropolitan Area (the Commission) in 1992 (Agreement to create the Commission, 1992). D.F., EDOMEX and SEDUE were the key members, although other secretaries were also part of it (Secretary of the Treasury (SHCP), SEMIP, SCT, SSA, PEMEX) (Agreement to create the Commission, 1992). The Commission’s rules defined a rotating two- year presidency among SEDUE, D.F. and EDOMEX. D.F. was the first one to be in charge. Its original purpose was to coordinate the implementation of PICCA and manage an environmental trust fund created later in 1992 (but activated in 1995) (CAMe, 2016; Molina & Molina, 2002b). For the time being, their actions were not related to immediate crisis management but to lower the pollution levels through PICCA. For D.F. the main goal inside the commission was still to reach president’s attention and get him to throw instructions. That was precisely how lead was removed from gasoline. Setting the fuel formula standards was under PEMEX control so removing lead fell entirely under its functions. However, PEMEX claimed that it was not possible, or that doing it would be very costly, not only the process itself, but also the adjustments industry may have to do to stick with the new regulations (Interview 46). Facing that reluctance, what DF Mayor did, according to a civil servant that worked on DDF, was to take it to 27 He was a close friend to the president so he had a straight communication line with him. 19
the president (Interview 46). Finally, lead was removed (Garza, 1996) as an instruction from president Salinas to PEMEX.28 Another move of this kind was attracting the control of the Automatic Monitoring Network (RAMA) of emissions (Interviews 34 and 46). RAMA gathers information on the daily levels of the criteria pollutants. They are contrasted with SSA issued official norms (NOM) and its registers are the input to calculate IMECA, which was in turn the source for determining whenever a pollution episode should be determined as a crisis. RAMA was transferred from SEDUE to DF in 1993 and since then it remains in control of SEDEMA. By getting other actors to comply with their tasks and taking over diverse issues the city gained power positions. It made the other two main actors – SEDUE and EDOMEX –to get joint agreements on some other aspects, such as funding allocation and the negotiation of IMECA levels that would define the pollution crisis episodes. Under D.F.’s chair, the Commission signed a contract for the operation of the Environmental Trust Fund (Fideicomiso Ambiental- F1490) in 1994 to support the commission’s through projects (Roccatti, 2007).29 An executive committee formed by the Secretary of Treasury (SHCP), SEMARNAP, DDF and EDOMEX managed it. There is no record that that any amount of funds has been denied to the commission (Molina & Molina, 2002b) because SEDUE, D.F. and EDOMEX distributed them evenly to bring projects back to their jurisdictions (even if they were not of metropolitan scope) and agreed on funding allocation jointly with an equally satisfying outcome for everyone (Interviews 8 and 13). The trust fund application rules were able to create interdependencies because they balanced the actors’ attributions and their relational interaction. Regarding contingencies, IMECA activation thresholds have varied over time product of the negotiations between DF, EDOMEX and the Federal Government. For over 9 years (1989-1998) phase 1 was in the range of 250-349 IMECA 28 This in part was exacerbated because the sons of the U.S. ambassador at that time were intoxicated with lead. Fuel specifications were negotiated starting 1992 and –no matter the real motivations –lead was removed from gasoline on 1994. 29 Its funding came from a surcharge of $0.02 pesos per gas liter sold. 20
points of ozone, in contrast to the lower previous range of 200-299 in 1986- 1989. Phase two was from 350 to 449, in contrast to the also lower levels of 300-399 between 1986-1989 (CDMX, 2019b). On the ongoing years, IMECA ranges for ozone and PM10 (since 1998) were consistently lowered (CDMX, 2019b).The 89-98 levels were far from ideal because lowering them was a lose-lose situation for all and they have to coordinate to avoid being in that position. Tightening the standards would mean more contingencies, therefore more driving restrictions and less industrial activity, rising generalized social unrest and ultimately affecting their constituencies. The blame would be on all the actors. The best solution for everyone was not to have contingencies.30 Their rationale was that they couldn’t lower the thresholds at once to appropriate levels because they would create a seism in the city’s industrial and social activity. From 1998 onwards they decided to lower systematically the levels. Particularly from the period 2006-2011, the negotiating parts decided to set tighter standards for activating contingencies Doing that affected everyone. The Law established that D.F. and EDOMEX were in charge of regulation and enforcement of pollution coming from mobile sources31 so it would imply taking out many cars out from circulation. HNC has never being a popular measure (Davis, 2008) and stricter verification controls would mean that many vehicles wouldn’t be allowed to circulate. There would 30 A high level civil servant who worked on the General Direction of Ecology of D.F. put it on that sense: “These thresholds have always a negotiation margin because they are based on standards or norms that have a scientific base, but that are the ultimate goal or at least a mid-term aspiration. Certain protection margins are set and what really happened is that such levels didn’t’ move or moved just a little bit. That’s why contingencies stopped… The pollution levels were so high that the city couldn’t be paralyzed all the time. Therefore the contingency [IMECA] levels were fixated relatively high. The problem is that they stood that way, nobody adjusted them.” (Interview 34). 31 Pollution sources are divided in mobile and fixed. They can be of federal jurisdiction or local jurisdiction. Fixed sources of federal jurisdiction are the following industries: chemical, oil, paint, inks, automobile, cellulose and paper, metallurgy, glass, electric energy generation, asbestos, cement, dangerous waste management. The mobile sources of federal jurisdiction are the freight transports that have license plates issued by the SCT. Local jurisdiction fixed sources of pollution are industrial, commercial, and service establishments not comprised as federal jurisdiction sources. Mobile sources are motorized vehicles with license plates issued by local authorities. 21
also have to put stricter controls to poorly tuned public transport (Garza, 1996). In addition, local and federally regulated industry may have to shut down their operations, meaning less productivity. The agreement on IMECA levels was an equilibrated situation between all the actors. It’s not that nobody wanted to do anything; it’s just that interdependencies were created because everybody had something to lose if the standards were increased more rapidly than they did. DF would have a political cost if the situation remained like that. Power reconfiguration and realignments Two major structural changes ended up reconfiguring the role of the main governmental actors on air quality policy in Mexico City: the 1996 constitutional reform granting the direct election of the Head of Government of D.F. and the end of the hegemonic party regime. The former inserted D.F. as a more active political actor in policymaking. The new elected mayor would count with the legitimacy of the popular vote and considerable autonomy to conduct most city policies. From that moment onwards, the city was no longer an administrative sector but a real political actor gaining independence from the other branches of government. Moreover, since the first elections and until 2018 the Mayor, the President and EDOMEX Governor were from different political parties. Without any “political alignment”, confrontations were persistent, yielding important effects on the instrumentation. Mexico City was granted with full autonomy by a constitutional reform in January 2016. Among with these reforms, the decline of the hegemonic party regime was fundamental for the city’s empowerment. After the 1988 incidents, PRI still managed to retain the presidency in 1994. However, the existence of diverse political parties, combined with major institutional changes on the electoral system diminished its political presence since the end of the 80’s (Whitehead, 1996) fostering free and more competitive elections in the country (Merino, 2003). The final outcome was a politically fragmented context in which none of the actors, including the president, held disproportionate power over another. 22
Effects on the domain were immediate. By 1996 the Commission was turned into the Metropolitan Environmental Commission (CAM), implying diverse modifications in its composition and the interactions within (Convenio de Coordinación, 1996). One change was regarding the rotatory presidency that would be only between D.F. and EDOMEX, and the Federal Government was stepping back. A second change was that in the new CAM only D.F., EDOMEX, SSA and the Secretary for Environment, Natural Resources and Fisheries 32 (SEMARNAP) were consistently present, taking away the mandatory participation of other sectors (PEMEX, Secretary of Energy(SENER)33, SECOFI). CAM was weakened because the mutually dependent sectors (PEMEX, SECOFI, SENER) had no longer to report what they were doing (Interviews 34 and 39). They were not co-responsible on policy implementation. Moreover CAM lacked the authority to push the involved parties to cooperate. It didn’t count with the direct involvement of the president nor with a powerful position of the federal environmental sector.34 In addition, the political and administrative autonomy of DF and EDMOEX prevented any kind of formal subordination of D.F. or EDOMEX to the Federal Government. They were administrative and politically more autonomous than before. CAM didn’t have any kind of budget nor a formal administrative structure to operate and depended on the financial and human resources of the government holding the chair. 35 Staff members of the CAM were the same civil servants performing local public administration tasks, therefore acting “according to the logic of their own organizations or government levels” (Lezama, 2006, p. 524). 32 Was created in 1994 and replaced SEDUE as the Secretary in charge of environmental policy. 33 Formerly SEMIP. 34 The Secretary in charge of the environmental policy (SEDUE, SEMARNAP and now SEMARNAT) has always been one of the less favored in budgetary terms, leaving it in a powerless position in comparison to other offices such as Energy, PEMEX or SHCP (Romero-Lankao, 2000). 35 For some time, EDOMEX had a small administrative structure devoted specifically for metropolitan environmental coordination. 23
All this moved to develop strategic interactions affecting the work of CAM. SHCP shut down in 1998 the fuel surcharge, cutting incoming money for F1490 (Roccatti, 2007).36 By doing that, it removed a source of interdependencies and CAM members lost interest to meet.37. It served well for the coordination process and even had a positive impact reducing pollution levels (Molina & Molina, 2002a; Roccatti, 2007), but with SHCP holding it, the other actors had no say on the funding sources. The air quality problem has always been seen by the society as local issue of CDMX so the complaints were always with the city government. With some other party ruling the city, the Federal Government didn’t have to carry such a burden. Such a scenario also encouraged the development of coalitions to overcome sectorial differences. In 1997 the National Institute of Ecology (INE) tried to impose tighter emission limits to the automobile industry and adopt emission standards known as “EPA 94”.38 INE was pushing to set the standard for ‘99 models onwards but the industry, with SECOFI “sitting on their side”, replied that the sooner they could do it would be with models 2001 (Interview 39). Negotiations were facing an impasse until D.F. came into play. INE and D.F. made an agreement so D.F. would exempt for two years the verification of models ’99 that comply with EPA 94 regulations (Interview 39). At that time, vehicles had to get inspected every 6 months so it was a good incentive for buyers to look out for the 2-year exemption. As Gakenheimer et al note, that move “was a driving force to get automobile manufacturers to put Tier 1 [EPA ‘94] technology into vehicles designed for the Mexican market a few years earlier than they wanted to” (2002, p. 262). By 1999 all new vehicles fulfilled EPA 94 standards. 36 Even if SHCP cut the funding source, some projects were financed by F1490 after 1997. The fact that it was a trust fund meant that the money hasn’t to be spent entirely during a budgetary year and could remain indefinitely. 37 “CAM diminished its intensity after the political changes. With [the relationship] PRI- PRD, didn’t’ met that much, there wasn’t even a trust fund because they removed the fuel surcharge.” (Interview 8). 38 At that time INE was the organization in charge of issuing environmental norms. 24
Cars with the new technology were awarded a "double zero" sticker, creating a new category for the verifications program. The norm specially created for the auto industry to stick to new regulations would also affect HNC after being coupled with verifications in 1996. Four instruments were now interconnected under the contingencies program: norms (NOM), inspections (Verifications), restrictions (HNC) and IMECA. Coordinating the comfort zone After 1996 most actions regarding air quality policy were taken trying to avoid another environmental crisis (Interviews 39 and 16). Their occurrence was always a lose-lose situation for all the actors because it had a strong significance on the people’s mind. It meant that pollution levels were high and that was health damaging. Additionally, contingencies signified driving and industry restrictions that made almost everyone feel angry. After removing the F1490, CAM meetings were mostly between EDOMEX and CDMX and to deal with pollution peaks and the instruments around them. This situation lead sometimes to coordination and sometimes to break ups and to a blame game. Pollution peaks lowered in the years to come. From 1988 to 1999 contingencies were activated 45 times in contrast to only 4 episodes on 2000- 2012 (CDMX, 2019a). Air quality was in fact improving (Molina & Molina, 39 2002b) and NOMs were modified only marginally. IMECA levels for contingencies were tied to the standards set by the NOMs, so updating them to international standards will imply more contingencies with negative impacts on public perception (Interview 39). NOMs are an exclusive attribution of the federal government. Local governments and other actors have to be invited to participate in the elaboration and modification process (Federal Law of Metrology and Standardization, 2014) but their involvement is marginal and some NGOs have the impression that it’s more for legitimation purposes 39 Removing lead from gasoline, tighter standards to the car industry, the introduction of catalytic converters on vehicles and taking out from CDMX an oil refinery contributed to improve air quality (Molina & Molina, 2002b). 25
You can also read