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Table of Content:
Introduction
Problem Statement: The
Institutional Framework for Local Implementation of Agenda 21
Barriers to Local Implementation
of Agenda 21
Focus on National and Sub-national
Barriers
A Typology of Barriers
Private Market Barriers
Public Market and Finance Barriers
Legal and Regulatory Barriers
Jurisdictional Barriers
Professional and Trade Group
Barriers
Foreign Assistance Barriers
Conclusion
Table
1 - National and Sub-national Barriers to Local Sustainable
Development
Case Studies
Foreign Assistance Barriers to
Local Sustainable Development Planning - The World Bank's Urban
Sector Engineering Project in Mwanza, Tanzania
Public Markets and Finance
Barriers: Split Incentives - The Costs of Urban Sprawl in Ling
County, Washington, USA
Public Market and Finance Barriers
- Waste Mininisation in the London Borough of Croydon, UK
Legal and Regulatory Barriers to
Environmentally Sound Technology - The "Healthy House"
of Toronto, Canada
Jurisdictional Barriers to Local
Agenda 21 Implementation in Zurich, Switzerland
Facilitating
Local Sustainable Development Measures: A Rapid Assessment
Exercise
Worksheet 1: Force Field Analysis
for Local Agenda 21 Implementation
Worksheet 2: Measures to Support
Local Agenda 21 Implementation
References
This study is prepared by the International Council for Local
Environmental Initiatives (ICLEI) and CAG Consultants in collaboration with
the Division for Sustainable Development.
Introduction
In the Programme for the Further Implementation of
Agenda 21, adopted in June 1997, the 19th Special Session of the UN General
Assembly on Sustainable Development to review progress in Agenda 21
implementation concludes that "The efforts of local authorities are
making Agenda 21 and the pursuit of sustainable development a reality at the
local level through the implementation of "Local Agenda 21s" and
other sustainable development programmes..."[para. 12 of A/RES/S-19/2]
Echoing the themes of Chapter 8 of Agenda 21, the Programme goes on to assert
that
...Achieving sustainable development cannot be carried
out without greater integration at all policy-making levels and at operational
levels, including the lowest administrative levels possible..."[para. 24]
By the year 2002, the formulation and
elaboration of national strategies for sustainable development which reflect
the contributions and responsibilities of all interested parties should be
completed in all countries...Countries which already have national strategies
should continue their efforts to enhance and effectively implement
them...Local Agenda 21 and other local sustainable development programmes...should
also be actively encouraged;" [para. 24(a)]
In specific, the General Assembly states:
Global targets could be established by the
Commission on Sustainable Development to promote local Agenda 21 campaigns and
to deal with obstacles to local Agenda 21 initiatives.[para 32]
This paper was prepared in response to the
above calls for promotion of Local Agenda 21, in particular addressing
obstacles to effective local implementation measures for Agenda 21. The
proposal for the paper was prepared by ICLEI, upon the invitation of and in
consultation with the Division for Sustainable Development of UNDESA. The
resulting research provides a framework for governments at all levels
-national, subnational and local- to use in the identification and analysis of
barriers to Agenda 21 implementation at the local level. In this way, the
paper may provide valuable assistance to national governments in their efforts
to formulate, elaborate, enhance and implement their national strategies for
sustainable development.
An important element of any sustainable
development strategy is the review of existing policies and measures to ensure
that they are consistent with efforts to implement that strategy. Policies
designed to promote a single development objective often can have
unanticipated hindering effects on efforts to promote other development
objectives. Likewise, measures to implement policies at one level of
government -regulations, taxes and other fiscal measures, and administrative
standards and directives- can undermine implementation measures at other
levels. These hindering effects or barriers are often unintended and are
difficult to discern from the vantagepoint of a single ministry or level of
government. This paper aims to make these barriers more apparent and to aid
the development of better-integrated national strategies for sustainable
development.
Towards this end, Section 2 of the paper
briefly describes the institutional context for local barriers to Agenda 21
implementation. Section 3 describes the different types of barriers faced by
local authorities and their local partners and presents a typology, with
examples of actual experiences in local communities. Section 4 presents a
selection of case summaries, which provide a more detailed description of the
ways in which selected barriers affect local progress towards sustainable
development. Section 5 presents a straightforward analytical exercise that may
be used to identify barriers to local action within a specific country
context. The exercise facilitates the ranking of barriers and the
identification of measures for remedial action that could be included within a
national strategy. Governments may consider the merits of undertaking this
exercise in the context of intergovernmental and/or multi-stakeholder forums
for sustainable development, such as national councils for sustainable
development.
Problem Statement: The Institutional Framework for Local Implementation of
Agenda 21
Chapter
8 of Agenda 21 (Integrating environment and development in
decision-making) highlights a variety of ways in which institutional
frameworks can hamper government decision-making for sustainable development.
Institutional arrangements at all levels of government can create impediments
to sustainable development policy-making, planning and management at all
levels of government. Chapter 8 therefore recommends that each country
"conduct a national review and, where appropriate, improve processes of
decision-making so as to achieve the progressive integration of economic,
social and environmental issues in the pursuit of development that is
economically efficient, socially equitable and responsible and environmentally
sound." [para. 8.4]
With support from the international
community, many countries already have undertaken such a review. Examples
include the development of Agenda 21 country strategies prepared with
assistance from the Capacity 21 Programme and National Councils for
Sustainable Development, the National Environmental Action Plans (NEAPs),
supported by the World Bank, and the National Environmental Management Plans,
supported by the Asian Development Bank. Key impediments highlighted in these
reviews include:
• Inadequate consideration of
environmental impacts in developmental decision-making processes, which has
given rise to environmental impact assessment legislation in many countries;
• Organisation of governments along
"vertical" sectoral lines (e.g., energy, transport, agriculture)
thereby hindering adequate cross-sectoral consideration of social and
environmental issues, which has given rise to inter-ministerial committees and
task forces for policy integration;
• Conflicts that arise when
environmental regulatory responsibilities are delegated to a ministry whose
primary function is development promotion and, conversely, conflicts that
arise when environmental responsibilities are delegated to a single,
relatively weak agency while other ministries, whose work involves substantial
environmental impacts, may fail to consider their own internal
responsibilities for environmental policy making and regulation.
• Poor integration of social and
environmental planning processes with economic planning, fiscal policies, and
budgetary processes;
• Poor planning and management of
important natural assets as a result of overlapping and split jurisdictions,
which has given rise to new inter-jurisdictional planning mechanisms, such as
watershed planning;
• Poor integration of regulatory
measures with public sector economic instruments, thereby sending conflicting
signals to the market about appropriate development and economic practices.
While most reviews have focused primarily
on national-level policy, planning and management, many reviews have sought
input from local and subnational tiers of government. The resulting dialogues
have highlighted the need to further adjust policies and institutional
arrangements so that consistent support for sustainable development measures
is provided at the national, subnational and local levels.
Lack of integration has been observed in
the emergence of Local Environmental Action Plans (LEAPs) in countries that
have established NEAPs. Some LEAP planning processes were triggered by NEAPs
and others have arisen from local initiatives, with different types appearing
at provincial, city and state levels. Lacking any intergovernmental structure
for integration of these efforts, they may confuse and diffuse implementation
efforts. For example, in Burkina Faso, village associations have prepared land
use plans including actions to maintain natural capital, but the country is
burdened by a multiplicity of environmental plans which are not integrated
with each other (World Bank, 1995). In response to these kinds of issues, some
countries, such as Australia, have created intergovernmental bodies to discuss
and co-ordinate environmental policy making at all levels of government.
Widening the agenda from environmental
policy-making to sustainable development tends to add to the complexities and
difficulties of lack of integration between different tiers of government each
of which may maintain distinct, and potentially conflicting, policies for
natural resources management, environmental protection, economic development
and social welfare. Even while national governments, via decentralisation
policies, delegate increasing responsibilities for sustainable development to
the local level, the parameters for action at the local level remain defined
in both apparent and indiscernible ways by national and sub-national
governments. National tax and fiscal policies, regulations and investment
programmes may serve as powerful barriers to specific local initiatives. If
local initiatives -which have been highlighted by national governments as an
increasingly central element of their national sustainable development
strategies- are to have their promised impact, these barriers must be more
fully understood.
Barriers to Local Implementation of Agenda 21
Focus on National and
Sub-national Barriers
Sustainable development in any
jurisdiction is a process that is mediated by multiple institutional actors in
the public, private and civil society sectors. The globalisation of the
development process is rapidly increasing the interaction of institutional
actors from the international, regional, national, subnational and local
arenas in important development decisions. The outcomes of this process are
sustainable development projects and activities, which, by nature, must be
implemented in a local context. The implementation of sustainable development
in such a global context therefore requires mechanisms to ensure that the
policies, plans and practices agreed upon by these diverse actors ultimately
are consistent with local realities and implementation needs.
This report primarily focuses upon the
policies, plans and practices of government institutions and their impacts
upon the implementation of sustainable development measures at the local
level. As sustainable development implies reforming the traditional modes of
development decision-making and activity, the implementation of any programme
for sustainable development will inevitably require reforms to government
policies, plans and practices at the national, sub-national and local levels.
These reforms must particularly focus on removing the unintended barriers to
sustainable development measures.
The Local Agenda 21 process, mandated in
Chapter 28 of Agenda 21, has provided a mechanism for thousands of local
authorities in more than 60 countries to identify necessary local government
reforms for, and the related barriers to, sustainable development. This
mechanism has been reviewed in Background Paper 10 titled, Local Agenda 21
Survey: A study of responses by Local Authorities and their National and
International Associations to Agenda 21, prepared for the fifth session of the
CSD in 1997. The current paper therefore focuses upon barriers that arise from
policies, plans and practices of national and sub-national governments.
Typology of Barriers
The paper describes different types of
national and sub-national barriers and the ways in which they manifest
themselves in the local context. These barriers arise from and are exacerbated
by the institutional framework issues described in section 2 above. The
resulting typology aims to assist managers in national and sub-national
government to identify those barriers that are relevant to their country's
institutional and policy context. This typology focuses on six types of
barriers.
-
Private Market Barriers, where problems are caused by
market failures and externalities
-
Public Market and Finance Barriers, where problems are
caused by government influence over price signals and by the way public
agencies spend money
-
Legal and Regulatory Barriers, where problems are caused
by rules and regulations set by government
-
Jurisdictional Barriers, where problems are caused by the
nature of delegation of government responsibilities
-
Professional and Trade Group Barriers, where problems are
caused by standards, practices and agreements in labour markets
-
Foreign Assistance Barriers, where problems are caused by
impacts of international development agency practices
The table at the end of this chapter
provides examples of the ways in which these barriers (and their subtypes)
work in practice. Some suggestions for addressing these barriers are also
included. Case summaries are presented in section 4 to demonstrate the impacts
of different barriers on local sustainable development activities.
Private Market Barriers
Economists have long recognised that
certain failures in private markets can prevent rational market behaviour, in
particular with regard to the environment, natural resources and "public
goods" such as public safety or community life. While these failures
operate in diverse ways, the most important ones fall into four categories:
externalities, the "free-rider" syndrome, natural or publicly
devised monopolies, and informational barriers to rational consumer behaviour.
Externalities
Externalities are market conditions that
permit a producer or consumer to shift the costs for their economic activities
to other parties. Externalities are particularly prevalent in the
environmental and social arenas, as many environmental and social goods, i.e.,
"public goods" -clean air, clean water, public health- are not
monetised and tradable in a market environment. As a result, a producer may
use or damage the environment or public health through its economic activities
without paying a direct cost. These costs are 'externalised' or transferred to
the affected individuals or to governments which take responsibility for
maintaining 'public goods.' In a market economy which aims to maximise
investor profit, the externalisation of costs has proven to be a lucrative
strategy for reducing costs relative to revenues, in other words, for
increasing profits.
Due to their direct responsibilities for
managing waste (when producers externalise this cost of business), providing
social services (when corporate decisions result in unemployment or worker
health problems), and addressing pollution problems caused by economic
activity, local governments typically pay a high price for externalities in
the market system.
A variety of instruments exist to
eliminate externalities, including regulations, special taxes and financial
transfers to aid affected parties, and regulated pricing schemes that 'internalise'
these activities into the market. As there are many externalities implicit in
the market, and producers can be very creative in finding ways to externalise
their costs, solutions typically must be designed on a case-by-case basis to
re-establish rational market forces.
'Free-Rider' Syndrome
The 'free-rider' syndrome is a form of
externality that derives from the inability of any institution to control and
charge for the use (or abuse) of a natural asset. A typical example of the
free-rider system is the use of the seas. No one can fully regulate and
therefore charge for the use of marine resources. Instead, governments can
collect fees from a portion of users in the form of taxes and fees for fishing
and other maritime activities. However, some users will find ways to avoid
paying user fees and will thereby become 'free riders.' When large numbers of
free riders exist, or when a single free-rider exerts a large impact, the
free-rider syndrome can cause severe deterioration of a public asset.
Particularly in the area of sewage
discharges, local governments themselves have played the role of free-rider.
However, many cases also exist of local governments suffering from damages
caused by free-rider use of ground water and surface water sources that
threaten local water supplies.
Another problem arises when national laws require major
companies to pay taxes in the jurisdiction of their head office, rather than
in the cities where they locate their production facilities. For instance in
Turkey, major automobile companies operate production plants in the city of
Bursa, using local infrastructure and contributing to local pollution
problems, yet they pay their municipal taxes to the city of Istanbul.
Another example is the use of tall
smokestacks by power stations in one jurisdiction to pump their air pollutants
into the air currents that feed the air sheds of distant cities. In North
America, coal-powered electrical plants in the mid-western United States are a
major source of the air pollution in eastern cities of the US and Canada.
These cities must directly respond to the health problems arising from this
practice.
The traditional instrument for eliminating
free-rider effects is strictly enforced government regulation. However,
government regulation of major natural assets, such as the seas and the
atmosphere, requires establishment of international laws that are both
detailed and broad enough to satisfy numerous national interests. The costs,
rigidity and lack of enforceability of parallel regimes of national and
international environmental laws have brought them under criticism. One recent
invention devised as an alternative for controlling the free-rider syndrome is
the use of tradable pollution permits. Though still highly controversial,
pollution trading schemes aim to exact a charge on all resource users (or
polluters) by creating a market for rights to use (or pollute) a public good.
Monopolies
Monopolies are another form of market
barrier. Markets are presumed to generate rational behaviour through the
disciplines of supply and demand, competition and constant innovation.
Monopolies operate above such discipline. Of particular relevance to
sustainable development is the so-called natural monopoly that arises, for
instance, when there is only one water source or electrical power station
controlled by a single company. Alternatively, governments have created public
monopolies, oftentimes in response to the market's inability to generate
private investment or necessary technology for major infrastructure projects.
Whatever their initial justification may be, natural resource monopolies today
are often inefficient and encourage non-sustainable consumption patterns.
Regulation or elimination of these monopolies is the most common instruments
for correcting these problems.
Electrical and water monopolies are known
to prevent local governments and their local businesses from undertaking
initiatives that would support sustainable development. Municipalities and
businesses in the province of Ontario, Canada have been prevented from
building co-generation and other energy efficient facilities because the
province's monopolistic power company, Ontario Hydro, seeks to protect its
market. The province is currently considering deregulation of this monopoly,
but the legislation still may not support these local measures.
Information Barriers
Finally, even in this information age,
informational barriers continue to serve as an important barrier to rational
consumer behaviour. Rational market behaviour is predicated on full and equal
access to information by producers and consumers. In reality, economic actors
carefully manage the information that they provide to consumers. Many billions
of dollars are spent each year to disseminate favourable information via
advertising and to control access to unfavourable information. The result is
the inability of consumers to consistently factor sustainability issues into
their purchasing decisions. Government information disclosure requirements,
public information programmes, and favourable tax benefits for public
education activities are typical instruments to counteract this private market
barrier.
In apartheid South Africa, the city of
Durban was not able to obtain information on pollution discharges from local
petrochemical factories. Today, the families abutting these facilities are
seeking information on the pollution levels in their neighbourhoods and
related long-term health effects. While the unique rigidities of the apartheid
system can explain the Durban experience, many similar situations exist (or
have existed) in democratic countries.
Government information disclosure
requirements, public information programmes, and favourable tax benefits for
public education activities are typical instruments to counteract this private
market barrier.
Public Market and Finance Barriers
Government taxes, subsidies, fees and
charges, regulations and expenditures can have a tremendous impact upon prices
for goods and services. Often these government instigated price impacts
provide an economic incentive to producers and consumers to pursue
unsustainable behaviour.
Price
In the simplest terms, if the price of an
unsustainable service or product is lower than that of a more sustainable
alternative, this discourages more sustainable consumer behaviour. Examples of
this in practice are:
(i) Where the impacts of the less
sustainable option are not fully reflected in the price because they are
"public" goods. Attempts to reflect these impacts by valuing them in
economic terms are unnecessary (and ineffectual). It would be far more
effective to use taxes to influence behaviour and achieve sustainable policy
objectives.
(ii) Where taxes point in the wrong
direction. Labour/employment/income taxes make people more expensive to
employ, compared with other factors of production like energy and natural
resources. Sales taxes and value-added tax (VAT) penalise the adding of value
to raw materials. Taxes on energy and materials and on "value
subtracted", e.g. waste and disposal, have the opposite effect.
(iii) Arbitrary or perverse
inconsistencies, such as tax concessions on cars owned by companies, none on
other forms of transport.
In many cities and towns, prices that
favour unsustainable activities, such as wasteful consumption and commuting in
private automobiles, establishes market forces that are contrary to local
environmental policies to increase public transit use, reduce fresh water
consumption, and reduce waste generation.
Price Structure
The way in which prices are arranged is
often within the remit of national government, through the way in which taxes
are levied or the structure of tariffs that result in incentives to behave in
unsustainable ways.
(i) High fixed costs and low variable
costs can make unsustainable options like private car use seem cheaper at the
point of decision when compared with (unsubsidised) public transport. A shift
from fixed to variable costs for the unsustainable option, e.g., replacing car
ownership taxes with taxes on fuel, would reduce the impact of this barrier by
encouraging more sustainable consumer behaviour. This would be further
encouraged by a shift in the opposite direction - from variable to fixed costs
- for the sustainable option, e.g. season tickets, residents' concessionary
fares.
(ii) Regressive tariffs reward larger
users. These are common in the energy sector, especially where government has
never had or has relinquished ownership and control of companies which sell
fuel.
Governments at all levels have moved
slowly to adjust tariff structures for energy, water, waste water treatment
and solid waste in order to provide an incentive for conservation and waste
reduction. The result, often unwittingly, is higher public expenditure for new
potable water sources, waste disposal facilities, and waste treatment
programmes. The burdens of these expenditures often fall most directly on
local governments. Where local governments lack sufficient funds, local
residents pay the price in terms of water shortages or increasing public
health risks. Governments often accept such outcomes as a price that must be
paid to avoid confrontation with energy suppliers, large resource consumers
and their lobbies.
Subsidies against the Public Interest
Subsidies or incentives often act against
local sustainable development by supporting activities that have a marked
adverse effect at local level.
Agricultural subsidies and incentives
through tax "breaks" (fiscal and credit incentives) can encourage
unsustainable development activity, causing reduction of "carbon
sinks" through deforestation, loss of biodiversity, increase in soil
erosion, damage through over-use of chemicals, displacement of local
communities and destruction of local economies.
The provision of water for drinking and
irrigation is often heavily subsidised, resulting in excessive irrigation,
water logging and salination of agricultural areas as well as wastage by
domestic consumers.
Fossil fuel subsidies create distortions
in world markets and confer an unfair price advantage when compared with
locally generated renewable energy.
Road transport is subsidised by the
failure to recover the full costs of infrastructure provision. The inability
of some countries to maintain roads efficiently, which results in the large
expenditures each year on premature road rehabilitation, also amounts to
subsidised road provision. Though local governments may be able to recover
some of the costs associated with road use, such as car parking, they have no
ability to influence a change to more sustainable behaviour in the face of
national subsidies on this scale.
Subsidies can be broadly described in two
ways, namely production and consumption subsidies. The concept is particularly
familiar in the energy sector, where production subsidies are common in
developed countries, whilst consumption subsidies, designed to keep domestic
prices below world market levels, are found in many developing countries.
(i) Production subsidies paid to
anti-sustainable producer interests. These would include the European Common
Agricultural Policy (CAP) and subsidised construction of national roadways
(though for convenience the latter is described below as investment.)
(ii) Subsidies intended to alleviate
poverty/inequity, which in fact promote unsustainable activities, e.g. blanket
fuel subsidies.
These subsidies can have a devastating
effect on local sustainable development policies, counteracting the force of
local projects and programmes. Local governments themselves are often a part
of the problem. For instance, in 1990 the city of Denver, USA hired a
consultant to determine whether the municipality was subsidising local private
automobile use. The consultant found that in 1989 the city spent $57 million
on motor vehicle-related services (including roads, policing, health costs due
to accidents etc.) and generated $40 million in revenues from auto-related
charges -a subsidy of $17 million or 30% of total expenses.
Investment
Capital investment can promote and
facilitate unsustainable behaviour and act as a powerful barrier to local
initiatives.
(i) Government sponsored road building in
developed countries is acting in direct opposition to local efforts to
encourage more sustainable methods of transport, by diverting resources and
attracting more traffic to congested areas, instead of relieving congestion.
Developing and transitional economies are now experiencing similar problems.
Encouraged by international institutions to pursue the 'Northern' model of
automobile dominated urban transport, many affordable and indigenous modes of
transport, such as bicycles, have been increasingly excluded in fast-growing
Asian urban centres.
(ii) Investment in unsustainable
industries such as coal mining or oil exploration may transform the national
economy in the short term but is not a long-term option for sustainable
development. Many communities can be found, particularly in the developing
world, where subsidised mining or fish/shrimp farming enterprises have
destroyed local living conditions and long-term economic prospects.
(iii) Investment decisions for urban and
rural regeneration do not take sustainability into account.
Legal and Regulatory Barriers
National and sub-national governments
frequently define the operational parameters for local authority planning and
service provision functions. Civil service codes, building and energy codes,
land tenure and development laws, and statutory planning requirements and
limitations shape and sometimes constrain the manner in which local
authorities can respond to local sustainable development challenges. The role
of regulation in achieving sustainable development needs to be refined. Often,
legal standards which were envisaged by civil servants as minimum standards
are regarded as maximum standards by developers and operators at the local
level, who then use their lobbying power to resist any increase in the
standards which may be desirable to achieve more sustainable development.
Furthermore, standards in many countries are often premised upon technologies,
social preferences and economic conditions of past decades and rarely
establish mechanisms to flexibly respond to new technologies and market
conditions as they arise. As a result, they may not only inhibit innovative
local initiatives but, in a national context, may serve as impediments to
innovation in the marketplace, thereby further constraining local choices.
Some examples of legal and regulatory barriers are given below.
Anti-sustainable Laws and Regulations
These are typically laws and regulations
that were prepared without reference to sustainable development criteria
and/or without a comprehensive review of their potential impact upon sectors
other than the one that they specifically seek to address.
(i) Reduced or poor national-level
regulation of economic activities which weakens the ability of local
governments to hold local businesses and other institutions (including
themselves) accountable for the negative environmental and social impacts of
their activities.
(ii) Regulations which aim to assist
vulnerable groups but which harm other equally vulnerable groups, e.g.
regulation of food prices in response to urban poverty harming the rural poor,
thereby increasing urban in-migration.
(iii) Regulations restricting the issues
that local authorities can consider when making local procurement and
contracting decisions.
Anti-sustainable Standards
These are typically standards that were
prepared with reference to the prevailing models and values of development of
an earlier period and/or with reference to the narrow albeit 'professional'
standards of interested trade and business association and investors.
(i) Specification of "northern"
technologies to address "southern" infrastructure requirements,
instead of designing projects to suit local requirements.
(ii) Residential development standards,
established to ensure uniform standards of building safety and public
services, which are based upon certain technological assumptions which can
discourage the application of more sustainable technologies in local
development projects
(iii) Irrelevant or unnecessarily high
performance standards, e.g. brilliant white copy paper where off-white
(unbleached, recycled) is perfectly adequate.
(iv) Standards which specify use of virgin
materials, automatically precluding use of recycled materials. A number of
local governments have tried to reduce the volume of waste (e.g., used glass,
wood, construction materials) going to landfills by developing applications
for these materials in road and home building. These efforts are often
inhibited by applicable standards.
Jurisdictional Barriers
Jurisdictional barriers may arise whenever
government authority is not clearly, authoritatively, and unequivocally
assigned to a competent government agency. Failure to adequately establish
jurisdiction and adapt it to constantly changing local circumstances can
result in contradictory government decisions, extended delays in efforts to
address pressing local problems, costly legal challenges, and a lack of clear
public agency to address a pressing social or economic problem. Jurisdictional
barriers may be classified into three categories: lack of jurisdiction,
multiple and split jurisdiction, and misplaced jurisdiction.
Lack of Jurisdiction
Problems of non-jurisdiction typically
arise in two instances. In the first instance, rapidly changing technologies,
demographics and socio-economic conditions may confront sub-national and local
authorities with development decisions for which they have no prescribed
authority. Thus can arise gaps in responsibility, with no agency competent or
fully empowered. This instance arises particularly in systems where
regulations and standards are highly prescriptive about what can be done
rather than providing a flexible authority to relevant agencies to achieve
overall objectives or performance standards.
In the second instance, lack of
jurisdiction arises when national and subnational governments fail to regulate
or choose to deregulate an area of economic activity without establishing
procedures to address the resulting social and environmental side effects.
Local governments have limited control over the toxicities, resource
efficiencies and packaging of the consumer products that are sold, used and
disposed within their jurisdictions.
Multiple and Split Jurisdiction
In many countries, the distribution of
regulatory and operational authority to different jurisdictions has evolved on
an ad hoc basis over periods of decades or centuries in response to shifting
demographics, technology, socio-economic conditions and political regimes. As
a result, in some areas of policy that are most pertinent to sustainable
development, jurisdictions may be split between different ministries, agencies
and tiers of government. This condition can impede or altogether prevent
timely and rational decision-making on important issues.
In some cases, overlapping
responsibilities and competition between agencies -with different agencies
competing to take "ownership" of the area of responsibility- can
trap well-meaning sustainable development initiatives in internal bureaucratic
feuding. In other cases, fragmentation of responsibility, whereby each agency
is only able to look at part of a problem (e.g., urban air pollution), can
result in limited responses to problem symptoms (e.g., poor air quality
warning system) and no comprehensive response to problem causes (e.g.,
metropolitan transportation strategy) . Another manifestation of split
jurisdiction is lack of agency integration in measuring performance. If
different agencies are authorised to appraise their performance in isolation,
they can all claim to be improving performance by shifting problems onto each
other.
Misplaced Jurisdiction
In spite of considerable national
government reforms to decentralise government authority and apply the "subsidiarity"
principle, instances still exist where national or sub-national governments
are making critical decisions about local development and resource management
decisions, such as water tariffs, transportation and waste management budgets
and tariffs and environmental regulations. This situation is particularly
prevalent in fast growing urban areas, where rural areas of decades earlier
have been transformed into metropolitan areas requiring strong metropolitan
governance.
Professional and Trade Groups Barriers
The historical business objective of most
professional associations and trade unions has been to maximise the
compensation, job security and control of work conditions of their members.
Sustainable development issues have only recently been introduced to their
agendas. As a result, local governments have sometimes faced opposition from
professional associations and trade unions that rely on special project
designs or labour arrangements protect the identified interests of their
members. A classic example is trade union opposition to local recycling,
materials re-use and 'greening' programmes that employ disabled, homeless and
unemployed people at minimum wages. One objective of these programmes is to
create employment opportunities for disadvantaged groups, but local labour
unions can object to the use of non-union labour for such municipal
activities. Other examples include resistance from engineers' groups to
household composting programmes or alternative sewage treatment technologies
or resistance from park maintenance professionals to low- and no-chemical park
maintenance practices.
Foreign Assistance Barriers
Due to the extensive resources that
international development assistance agencies can inject into a low-income
community with under-budgeted local institutions, these agencies can overnight
become a major force in the local economy. This is particularly true as a
result of the practice of different agencies to select the same priority
countries and cities for their activities. In addition, their direct
relationship to central government ministries provides a mechanism for them to
determine the use of their funds and modes of their local work with minimal
ongoing local involvement. As a result, in spite of the best intentions of
these agencies to foster local sustainable development, their activities can
have lasting, detrimental impacts upon local capacity-building for sustainable
development.
Aside from the much addressed (and still
prevalent) impact of transferring inappropriate technology, foreign assistance
barriers include institutional arrangements, decision-making procedures, and
labour market impacts.
Institutional Arrangements
Institutional arrangements for development
assistance projects generally serve as barriers to sustainable development
whenever they withdraw authority from existing local governance institutions
(without establishment of a legitimate, local public mandate) in order to
centralise planning and project management or to provide service
responsibility to private institutions. Such actions are typically taken,
without extensive public participation and local government strengthening, in
order to facilitate project execution according to the time schedules,
procedures and specifications of the donor agency and its private contractors.
Decision-making Procedures
The spread of Local Agenda 21 processes
and similar participatory, local sustainable development planning efforts has
resulted in the establishment of new multi-stakeholder planning forums in a
growing number of cities and towns of the developing world. These forums,
usually sanctioned by the local authority, provide an excellent local
counterpart to donor agencies in the process of project design, assessment,
capacity-building, implementation and evaluation. However, the traditional
donor agency practice of employing private consultants and agency
professionals to make early project design decisions in limited consultation
with national, subnational and local authority representatives is still too
common. In other cases, 'rapid' assessment processes are established, using
hired consultants to quickly collect data and interview 'key actors,' again
avoiding the more laborious effort of building local stakeholder capacity for
assessment activities. These approaches can undermine indigenous sustainable
development planning efforts, particularly when development investment
decisions do not reflect the priorities of these stakeholder forums.
Labour Market Impacts
Foreign development assistance projects
typically provide salaries to nationals working on these projects at levels
that are many times the normal local labour market standards. This practice
creates a two-tiered labour market that draws talent away from
locally-initiated (local authority, NGO, CBO) activities and undermines the
motivations of those who are left working for local institutions.
Conclusion
The above section briefly reviews the
different types of barriers that may have an effect upon sustainable
development activities at the local level. Further examples of these barriers
in practice can be found in Table 1. Case summaries describing the impacts of
specific barriers upon specific local initiatives can be found in section 4 of
this paper.
Table 1. National and Sub-national Barriers to Local Sustainable
Development
|
Type of Barrier
|
Example in Practice
|
Policy Prescription to
Overcome Barrier to Local Sustainability
|
|
Private Market Barriers
|
|
Externalities
|
(i) Car drivers do not pay for global and local
damage caused by their use of cars.
(ii) Manufacturers don't pay for the costs of
collecting and disposing the packaging materials that they use in
marketing and delivering their products. These costs are shifted to
local waste management systems.
|
Adjust price to discourage car use and
encourage use of more sustainable means of transport.
Reduce volume of packaging, establish a
mandatory package deposit fee in the product price to encourage
consumers to return packaging to disposal sites, and/or require
manufacturers to subsidise municipal waste management services.
|
|
'Free-rider' Problem
|
(iii) The market cannot restrict access to a
valuable natural resource -such as an underground aquifer used as a
city's water supply- to those who pay for the use and protection of
the resource.
|
Government regulation of access and use of the
resource is required. Regulation must be enforced.
|
|
Information Barrier
|
(iv) Consumers are not provided access to
information about the energy or water requirements for product use or
about the environmental impacts of the product
|
Establish product reporting requirements and
make information easily accessible to the public and consumer
organisations. Provide tax benefits to non-profit educational
organisations.
|
|
Monopolies
|
(v) Natural resource monopolies, such as energy
and water utilities, are exempt from market disciplines that would
require efficient management and accurate resource pricing. They can
use their powers to stop local governments from establishing more
efficient local facilities.
|
Regulation and even elimination of monopoly
might be warranted.
|
|
Type of Barrier
|
Example in Practice
|
Policy Prescription to Overcome
Barrier to Local Sustainability
|
|
Public Market and Finance Barriers
|
|
Price
|
(i) Value-added taxes (VAT) on home heating
fuels, while ostensibly a "green" tax, can have a severe
impact on poorer people, in particular the elderly who were making
choices between "heating" and "eating".
(ii) Until recently, the VAT levied on fuel in
the UK was lower than VAT levied on energy conservation measures,
resulting in a tax disincentive for energy conservation. In this way,
market forces contradict local energy efficiency policies.
|
Taxes on energy are good for sustainability but
adjustments need to be made to relieve the burden on the lowest income
groups.
Adjust taxes so that conservation and efficient
use of resources is encouraged relative to consumption of resources.
|
|
Price Structure
|
(iii) Car use appears cheaper than public
transport where the choice is available. This undermines the financial
viability of local public transit systems and encourages continued
unsustainable investment in road schemes to absorb growing automobile
use.
(iv) Rates for energy and water services
provide a discounted rate to large consumers and a high marginal rate
to low volume consumers.
|
Shift from fixed to variable costs for car
ownership; shift from variable to fixed costs for public transport.
Structure rates so that energy and water
becomes more expensive at various levels of consumption, providing
accessible charges for a basic "minimum needs level" of
consumption.
|
|
Subsidies against the Public Interest
|
(v) Agriculture-
(i) pesticide subsidies of up to 80% of the retail price (Indonesia),
creating an incentive to over-use, and causing soil/water pollution
and an increase in pesticide-resistant strains of pests;
(ii) tax breaks to investors in exotic forest plantations (unnatural
afforestation) in the Scottish Highlands or ranching in Brazil
(deforestation);
(iii) tax deductions for investors in oil and gas exploration not
available for investors in renewable energy exploration (Canada).
|
Withdraw subsidies; remove fiscal and credit
incentives for unsustainable activities and consider transferring
these benefits to sustainable alternatives.
|
|
Type of Barrier
|
Example in Practice
|
Policy Prescription to Overcome
Barrier to Local Sustainability
|
|
Subsidies against the Public Interest continued..
|
(vi) Water-
(i) irrigation can be subsidised by as much as 80% (Pakistan);
(ii) Ireland does not charge for domestic water services;
(iii) only 35% on average of the cost of drinking water services in
developing countries is recovered and richer people have more access
to public water supplies, resulting in social inequity
(vii) Energy -
(i) indirect subsidies arise from avoidable power loss in
transmission, distribution and generation of electricity;
(ii) Eastern European coal subsidies keep domestic prices at 40% of
world price and promote unsustainable use of fossil fuels.
(viii) Transport - in many countries,
the cost of road infrastructure is not fully recovered from users,
i.e. national subsidy of unsustainable activity directly impacts on
efforts by local authorities to introduce more sustainable policies.
In some Canadian provinces, business costs to provide employees with
free automobile parking can be tax deductible whereas equivalent costs
to provide public transit passes are not tax deductible.
|
Remove subsidies and charge full cost for water
services to reduce profligate water use; however, providing accessible
charges or direct income supplements for a basic "minimum needs
level" of consumption.
Withdraw fossil fuel subsidies and use money
saved to invest in more efficient technologies to reduce losses and/or
invest in local energy generation from renewable sources.
Ensure that full capital cost of unsustainable
infrastructure provision is recovered from users; consider subsidising
more sustainable options such as public transport.
|
|
Investment
Criteria
|
(ix) National infrastructure investment
programmes do not include sustainable development in the assessment
criteria as an objective for capital investment.
|
Ensure that targeted capital investment takes
long term sustainability into account by considering environmental,
social and long-term economic viability issues.
|
|
Type of Barrier
|
Example in Practice
|
Policy Prescription to Overcome
Barrier to Local Sustainability
|
|
Legal and Regulatory Barriers
|
|
Laws and Regulations
|
(i) Regulations that prohibit local authorities
from giving preferential treatment to developers who agree to take
special measures to increase the environmental or social benefits of
their buildings, such as the addition of public park facilities or use
of energy and water saving design elements (often called "bonusing").
(ii) Regulations to control the price of food
which benefit urban population but hurt rural farmers and depress
agricultural sector e.g. in Southern Africa (SARDC/IUCN/SADC, 1994)
|
Regulate detrimental bonusing activities, but
provide authority for specified bonusing activities that promote
sustainable development objectives.
Ensure that regulations designed to address
poverty are comprehensive in their application and do not exclude or
act against other vulnerable groups in society.
|
|
Standards
|
(iii) Over specification of "western"
drainage infrastructure in southern cities where it is inappropriate
and communities cannot afford to maintain it.
(iv) Building codes requiring connections to
traditional urban serviced infrastructure, i.e., discouraging
"self-sufficient" buildings; or requiring minimum standards
for car parking space; standards based on air-conditioning rather than
fans and natural ventilation
(v) Use of brilliant white copy paper where
off-white (unbleached, recycled) is perfectly adequate.
(vi) Requirement to use newly extracted
materials in construction instead of recycled aggregates (these can
end up in landfill sites if there is no market for them).
|
Allow local communities control over design and
management of appropriate and sustainable facilities and sewerage
infrastructure
Review and adjust regulatory standards at
regular intervals so that they specify a level of performance rather
than a particular design or technology and that they incorporate
changing aspirations
Encourage (through example) the voluntary
adoption of standards which reflect performance requirements rather
than appearance
Ensure that regulatory standards take account
of opportunities for use of recycled materials
|
|
Type of Barrier
|
Example in Practice
|
Policy Prescription to Overcome
Barrier to Local Sustainability
|
|
Jurisdictional Barriers
|
|
Lack of
Jurisdiction
Multiple and Split
Jurisdiction
Misplaced Jurisdiction
|
(i) Local drainage infrastructure overwhelmed
by increase in disposal of non-degradable packaging materials over
which they have no control.
(ii) No agency at any level of government is
provided with clear authority to approve the use of new, sustainable
technologies in building construction (Ontario, Canada), thereby
making innovation bureaucratically onerous.
(iii) Municipality has jurisdiction over storm
water drains and State has jurisdiction over sewerage system, impeding
efforts to disconnect household sewage outlets from storm drains and
reconnect them to the sewerage system (State of São Paulo, Brazil).
(iv) A growing urban area has engulfed dozens
of existing, small municipal jurisdictions. No single jurisdiction
enough authority and resources to take sufficient measures to address
severe air and water pollution problems in the metropolitan area
(metropolitan Santiago, Chile).
(v) Local authorities have budgetary and
operational responsibility for delivery of social welfare programmes,
but provincial government determines service requirements and levels
of public funds programme activities.
|
Delegate to local authorities the power to
regulate to protect the local environment.
Update building codes and oversight authority,
providing clear procedures for builders who wish to apply new
technologies. Establish performance-based standards in building and
energy codes as alternative to rigid building standards.
Redefine service jurisdictions so that
authority for highly integrated systems rest with a single
jurisdiction (preferably at the lowest appropriate level to the
service user).
Initiate process to create a new metropolitan
local government or, alternatively, establish special purpose bodies
(made up of representatives of existing jurisdictions) with authority
to establish metropolitan-area policy in relevant problem areas.
Provide full fiscal and operational authority
to the level of government that will deliver the service and bear the
budgetary consequences.
|
|
Type of Barrier
|
Example in Practice
|
Policy Prescription to Overcome
Barrier to Local Sustainability
|
|
Professional and Trade Group Barriers
|
|
Professional and Civil Service Standards
Collective Bargaining Agreements
|
(i) Strict application of traditional
professional standards (set by professional associations or taught in
universities) that may not be responsive to technological or policy
developments, e.g., civil engineering standards for roadways or
accounting standards that reflect negatively on innovative financing
mechanisms. Also civil service standards that discourage innovative
governance (e.g., participation, performance-based management.)
(ii) Trade union opposition to the employment
of low income or disabled people in municipal clean-up or recycling
programmes, or opposition to reductions in unsustainable employee
"allowances" encouraging private automobile commuting.
|
Establish objective-based management systems
which factor sustainability outcomes into personnel performance
reviews.
Government can set an example to national union
leadership by taxing non-essential use, car parking spaces etc.;
employees can be subsidised to use public transport or bicycles
|
|
Foreign Assistance Barriers
|
|
Institutional Arrangements
Decision-Making
Procedures
Labour Market
Impacts
|
(i) An international donor agency convinces its
partner central government ministry to establish a central planning
bureau to "streamline" work procedures for its development
project, thereby undermining local planning institutions and
processes.
(ii) An international donor agency overlooks or
avoids existing participatory planning processes in the project design
and assessment stages and establishes its own "rapid"
consultation and assessment processes to suit the agency's own work
schedule. This undermines local civic organisations, local planning
capacity-building, and results in project designs that do not reflect
local priorities and conditions.
(iii) An international donor agency provides
salaries to local workers (e.g., drivers, managers, experts) that are
many multiples higher than standard local salaries, thereby
demotivating municipal employees and encouraging various alternative
income-generation activities.
|
Local institutional capacity-building should be
a required element of all project designs and the subsidiarity
principle should be as much applied in international assistance
activities as it is applied in the domestic context of donor
countries.
The project cycle should be scheduled and
organised to support and link with established, participatory planning
activities. Local "stakeholder" forums should be assigned an
active role in project planning and implementation.
Local labour market conditions should be better
factored by external agencies and contractors. Budget savings should
be applied to training and institution building activities.
|
Case Studies
These brief case studies demonstrate local
experiences with the types of barriers that have been identified and discussed
in Section 3.
Private Market Barriers: Externalisation of
Costs-Disposable Plastic Containers
in Rio de Janeiro, Brazil
The externalisation by producers of costs
associated with their plastic packaging materials is graphically demonstrated
in the case of Rio de Janeiro, Brazil. In the early 1990s, soft drink bottlers
in Brazil still used returnable glass bottles for the distribution of their
soft drink products. This system provided an incentive to individuals and
households to collect and return bottles in exchange for a deposit fee. Within
a few years, however, bottlers ended the returnable system in exchange for the
use of plastic 'PET' bottles. The conversion to PET bottles reduced industry
costs, particular due to their reduced transportation weight. Also reduced
were any costs borne by the bottlers for collecting and processing returnable
bottles. Many bottlers marked their new PET bottles with the slogan
"disposable."
This simple change in technology and
bottling practices rapidly shifted responsibility for a significant commercial
waste product to the municipal waste management system. The municipality of
Rio de Janeiro previously had a minimal role in the collection and disposal of
returnable bottles. Now, consumers were disposing their 'disposables' into
city streets, alleys, streams and garbage collection containers. The
resulting, costly problems arising from externalisation of packaging materials
responsibility were far greater than anyone could have imagined. (They were
exacerbated by a simultaneous, rapid introduction to the market of cheap,
disposal plastic shopping bags.)
In many countries, North and South, the
costs associated with collection and disposal of packaging materials, such as
plastic soft drink containers, are so high relative to their resale value that
local authorities are unable to even recover these costs through municipal
waste collection fees. This contributes to the underfinanced condition of
municipal solid waste management systems in many countries. Further problems
are created when plastic shopping bags and soft drink containers find their
way into storm water drains, causing flooding, public health risks, and a
variety of economic losses. In Rio de Janeiro, tens of thousands of PET
bottles never find their way into the municipal collection system. In many
parts of the city, the municipality now stations workers at major storm drains
to constantly clear plastic soft drink containers from the drains. These
measures are not enough to prevent clogged drains and flooding.
Flooding is a common problem during
periods of heavy rain in Rio de Janeiro. Floods resulting from clogged storm
drains in city streets and neighbourhoods often bring traffic to a halt and
damage local homes and businesses.
In February 1996, strong rains fell on the
hillsides surrounding the Jacarepagua lowlands district of western Rio de
Janeiro. Along the stream called Arroio Fundo, squatters had established a new
neighbourhood called Novo Horizonte ("new horizons"). (The
municipality sought to remove the squatters due to their hazardous location,
but were blocked from doing so by the State of Rio de Janeiro.) During the
rains, thousands of littered PET bottles and plastic bags were washed into the
Arroio Fundo. They collected under a bridge where the plastic materials formed
an artificial dam, flooding the Novo Horizonte community, destroying its homes
and killing 13 people, including 8 children.
Two days later the municipal Environmental
Secretary obtained a bulldozer to destroy the plastic dam. The water level in
the community immediately fell by two meters. In the following weeks, the
municipality used heavy equipment to dredge the Arroio Fundo, a process that
was constantly interrupted by the large masses of plastic bags and containers
in the stream bed.
The costly problems introduced by plastic
packaging materials can be overcome by addressing the market failures that
allow private companies to externalise the costs associated with their
products. The 'internalisation' of these costs can be achieved in a variety of
ways, including through container deposit charges, direct payments by soft
drink manufacturers to municipal waste management enterprises, or regulations
requiring soft drink distributors to recollect their containers at their own
expense. If national and sub-national governments do not institute such
measures, the result is an enforced subsidy, at the expense of local
authorities, to the business costs of soft drink manufacturers and
distributors. Either municipalities collect and dispose these packaging
products at their expense or they face more costly problems to local life,
sanitation, infrastructure -and the vitality of their local economy.
Sources: Site visits; interviews with
Environmental Secretary (retired) of Rio de Janeiro.
Foreign Assistance Barriers to Local Sustainable Development Planning -
The World Bank's Urban Sector Engineering Project in Mwanza, Tanzania
Mwanza is the second largest city in
Tanzania, located on the southern shores of Lake Victoria with a population of
approximately 600,000. More than one-third of the population, or 216,000
residents, live in unplanned and technically illegal squatter settlements
without access to basic urban services such as water, sanitation facilities
and publicly maintained roads. These settlements, which suffer a variety of
public health and economic problems, are often left to provide their own crude
infrastructure for day-to-day life.
In 1995, the Mwanza Municipality and
representatives from local CBOs, NGOs, trade co-operatives, research centres,
and the business community constituted a multi-stakeholder committee to
establish a Local Agenda 21 planning process for the city. The committee
started its work by meeting with community leaders and by recruiting
representatives from squatter areas and women's and youth groups to join the
committee. Having established a representative body, this committee then held
a series of priority-setting meetings and in June 1995selected two issues
-upgrading squatter settlements and pollution of Lake Victoria- as the initial
focus of an action planning process.
To prepare for action planning, the
committee formed six working groups to hold meetings in different settlements
and collect data using surveys (100 households in five wards), physical
measuring and observation. These activities were also used to recruit the
participation in the planning committee of neighbourhood leaders from squatter
areas. Following these efforts, a two-day workshop was held to prepare
specific objectives for each action area. Specific priority was given to
upgrading water, sanitation and health services in the squatter
communities.Further follow-up activities were organised to prepare more
detailed projects to address these objectives. The committee then began the
arduous task of finding resources to implement its project proposals.
Parallel to this community-based process,
the World Bank started work on the design of its multi-million dollar Urban
Sector Engineering Project (USEP) in Mwanza. World Bank project documents
state that the USEP would employ "sustainability criteria" in
project selection and design, the Project Interim Report indicates that
"financial cost recovery should...be the overriding criterion." The
Report also states that "formulation of the project will reflect local
preferences. " This is to be achieved through "extensive
consultations." The Report describes these consultations as follows:
[Consultations] were made with staff from
municipal councils...They took place during the town visits as well as in Dar
Es Salaam...All major problems and possible solutions were discussed with the
staff in order to build on local knowledge and preferences as much as possible
... The meetings in Dar Es Salaam were particularly useful as they took place
at a stage where the consultant had made an initial project formulation.
(italics added for emphasis).
To prepare this formulation, in early 1995
a foreign Project consultant undertook "a small household sample
survey" to identify service priorities. Fifty-five homes in five
different neighbourhoods were surveyed. Only one neighbourhood was an
unplanned low-income area. The survey revealed the following service
priorities (in rank order): improved sanitation, better refuse collection,
improved drainage, better roads and improved water supply. While differences
between the final project formulation and the survey's conclusions might be
justifiable due to the survey's limited scope, the Project ultimately
allocated 74% of its 6-year programme budget to roads and drainage projects.
Most of the USEP investment will focus on upgrading services in the central
business district and planned areas. Only 2% of the total budget will be
applied to low cost sanitation facilities.
In the course of the community's Local
Agenda 21 planning process and the World Bank's USEP design process, no
contact was ever achieved between the Local Agenda 21 committee and World Bank
representatives. While one could argue that the Local Agenda 21 committee
could have been more aggressive in pursuing contact with the World Bank, the
lack of physical presence of the Bank's representatives, the Bank's stated
commitments to support local capacity-building and its superior resources to
take the lead in co-ordinating with the committee, must be seriously factored.
As a result, one of the largest, multi-year development assistance projects in
Mwanza's history will unlikely lend any support to community-based sustainable
development planning efforts of the city. Only the barest support will be
given to the top priorities identified by that process. In recent years, other
international development agencies have flocked to Mwanza. While the story
therefore is not over, the Local Agenda 21 committee remains ready and
vigilant to see whether these efforts will lend it support.
Sources: Extensive local interviews and
site visits by ICLEI staff. World Bank. Urban Sector Engineering Project,
TWG2-Interim Report, (Washington DC, COWIconsult/inter-consult). Also Luanda,
Alfred. Local initiative strategies to control the growth of squatter
settlements: The case of Mwanza Municipality, (Lund, Sweden, LCHS: 1997).
Public Markets and Finance Barriers: Split Incentives-The Costs of Urban
Sprawl in King County, Washington, USA
In response to fiscal and environmental
concerns, state and local governments throughout the United States have been
researching the full costs -local, state and federal; direct and indirect-
associated with different types of urban land-use patterns. The general
finding of these studies is that compact, transit-friendly forms of
development are more economical than low-density, automobile-dependent forms
of urban sprawl. In short, relative to higher density areas, the greater
distances between buildings in low-density areas increase the net costs (costs
minus revenues from local taxes and service charges) for construction and
maintenance of water, sewer and transportation infrastructure. These findings
should encourage local governments to use their land-use and development
controls to reduce urban sprawl. However, a closer look at municipal finances
demonstrates a contrary economic incentive.
King County (1990 population-626,000) in
the state of Washington, USA consists of the city of Seattle, its surrounding
suburbs, and more distant towns and rural areas that are subject to
considerable low density development pressures. In 1994 the County
commissioned a study to estimate the direct costs (net) to the municipality of
three 20-year growth scenarios for absorbing an estimated 35% increase in
County households. The scenarios were based upon different land-use patterns
-a sprawl scenario (existing plans), a medium density scenario with 16 'nodal'
centres, and a higher density scenario with 8 'nodal' centres. The costs of
providing urban services to each scenario were computed and compared with the
tax, development fee and service charge revenues that would be generated in
each scenario.
Contrary to the studies of other North
American cities and counties, the King County study found that net costs in
the sprawl scenario are considerably less than either of the nodal s cenarios.
Revenues from a special state-level tax subsidy to support high capacity
public transit services were factored in this calculation. The explanation for
this apparent contradiction lies in the definition of costs in each case.
While comparable studies factored in all costs, regardless of who pays for
these costs, the King County study considered only those costs that would be
paid directly by the municipality. The study revealed that the municipality's
finances would benefit from sprawl because a large portion of transportation
infrastructure costs in the sprawl scenario would be paid by state and federal
governments. King County's rural areas are serviced by three major federal
highways and more than ten state highways. As development in these rural areas
will rely heavily on this infrastructure, a sprawling growth pattern allows
the municipality to shift significant costs for development off of its balance
sheet.
Both King County, the city of Seattle and
the state of Washington have recognised the detrimental impacts of urban
sprawl and have adopted policies to contain sprawl development. However, the
King County case highlights how a lack of co-ordination of economic
instruments between levels of government can split incentives and encourage
development that is more costly to government, in the whole, than the
sustainable development alternative.
Sources: Tischler & Associates.
Marginal Cost Analysis of Growth Alternatives: King County, Washington,
(Seattle, WA: King County, 1994). Also Burchell, Robert and Listokin, David.
Land, Infrastructure, Housing Costs and Fiscal Impacts Associated with Growth:
Literature on the Impacts of Sprawl versus Managed Growth, (New Brunswick, New
Jersey: Rutger's University, 1996). Individual studies for South Florida (FL),
San Jose (CA), Toronto (Canada) were also reviewed.
Public Market and Finance Barriers - Waste Minimisation in the London
Borough of Croydon, UK
Croydon's Local Agenda 21 Action Plan
lists 239 points for action in order to achieve objectives and targets in key
areas of pollution (air, water, land and noise), water resources, natural
environment, waste, energy, transport, work and economy, education and
awareness and global links. Three key waste objectives are established in the
plan. These are to reduce the amount of waste (including packaging) produced
by residents and businesses; to reduce the amount of waste sent for final
disposal; and to increase recycling and recovery of materials.
The UK central government has introduced a
landfill tax that could make an important contribution to the achievement of
these objectives. However, the tax is not being applied in a way that will
achieve this potential. Under the tax, waste disposal operators pay a levy for
all solid waste disposed to landfill. Most of the proceeds of this scheme are
to be used by the Treasury to subsidise employers' national insurance
contributions, with the intention to reduce employer labour taxes and
encourage job creation. However, up to 20% of the landfill tax can be paid by
the landfill operator to the so-called "environmental bodies" which
are licensed by a central government office. They use the money for
initiatives such as improving a park or public amenity within 10 miles of a
waste disposal site. However, these funds can not be used for any waste
minimisation or recycling projects because such activities would be considered
to directly benefit the landfill operator (either by reducing the amount of
waste going to landfill and thereby the related tax liability or by
commercially supporting recycling centres run by the landfill operators).
Thus, while in principle the landfill tax
shifts the general tax burden from a non-sustainable activity (waste
production) to a sustainable activity (employment generation), the application
of the tax undermines the full potential of this positive effect. The
exclusion of new recycling, waste recovery and waste minimisation projects
from funding under the tax scheme acts as a barrier to achievement of the
tax's primary objective -to encourage waste minimisation strategies. A more
sophisticated scheme is required to address both this shortcoming and concern
about tax evasion by unscrupulous operators.
Source: CAG Consultants
Legal and Regulatory Barriers to Environmentally Sound Technology - The
"Healthy House" of Toronto, Canada
Outdated building, health and energy codes
can serve as powerful barriers to the introduction of new technologies
required for more sustainable lifestyles. In 1991, the Canadian Housing and
Mortgage Corporation, an agency of the Government of Canada, launched a
nation-wide competition for the design of a state-of-the-art, healthy and
environment-friendly family home. Two winning designs were selected on the
basis of the following criteria:
-
Provision of a healthy living environment for occupants;
-
Achievement of high efficiencies for energy and natural
resource use;
-
Encouragement of environmental lifestyles;
-
Affordability.
In Toronto, the winning design of Martin
Liefhebber Architect, Inc. employed more than 15 state-of-the-art technologies
to create a three-story, two-family home that is completely self-sufficient.
The "Healthy House" produces its own electricity from solar panels,
provides its own water supply from rainwater collectors, and fully treats its
wastewater using a system of biological filters and ultraviolet light. The
home is constructed of low chemical materials, employs a sophisticated,
energy-saving ventilation system, as well as high efficiency appliances,
lights and windows. Furthermore, the house is built on an "in-fill"
lot so that no undeveloped land is used for its construction. As the house
requires no government energy, water and sewage services and is located on
existing transportation infrastructure, operating costs for the house are
eliminated or severely reduced for the municipality and the homeowner.
For a city that had made numerous
statutory plan and policy commitments to sustainable urban development, the
Healthy House made tremendous good sense. However, the city of Toronto is
required by laws of the Province of Ontario to implement the Province's
Building Code. This Code provided numerous barriers to the construction of the
house. Without intense support from both the federal government and the city
of Toronto, over a period of four years, the house never would have been
built.
Provincial building legislation is
prescriptive only. In other words, on the basis of old technologies, it
prescribes what a builder can do and what kinds of systems a builder can
install. Many of the systems and materials used in the Healthy House are not
prescribed in the Building Code. As a result, extensive time was spent
determining which provincial agency had responsibility to grant special
approvals for each individual system. The building materials used in
construction of the Healthy House required individual review by the Ontario
Building Code Commission. As provincial legislation has only eight categories
for sewage management and none cover on-site sewage treatment, the
bio-filtration system -which allows all wastewater to be recycled for bathing
and washing- required a special Certificate of Approval from the Ontario
Ministry of Environment. This process took 10 months. The construction of a
house that would not receive electricity services from Ontario Hydro (the
provincial energy utility) also required review.
The ensuing bureaucratic process lasted
for a period of nearly four years. The house was finally offered for sale in
1996. Naturally, the elapse of time increased the expense of the p roject and
local market conditions changed, reducing the economic replicability of such
housing designs. (The process did not result in provincial changes to
legislation that would reduce barriers for similar projects in the future.)
Without the barriers arising from standards and lack of clear jurisdiction,
the replication cost of building and installing the Healthy House's water and
waste water system would be approximately US$7,000. In comparison, the cost to
the municipality to connect the Healthy House (at its in-fill lot location) to
municipal water and sewer services would be approximately US$ 105,000. This
case demonstrates that standards need to be made flexible to support timely
adoption of new technologies with environmental, health and economic benefits.
Sources: CMHC. Healthy Housing: A Winning
Design, (brochure). Interviews with Martin Liefhebber (architect), Rolf
Paloheimo (builder), and planning staff of the city of Toronto.
Jurisdictional Barriers to Local Agenda 21 Implementation in Zurich,
Switzerland
Environmental legislation in Switzerland
is enacted at the Federal level and there is restricted scope to enact local
laws. Environmental laws are generally adequate, but the job of enforcing them
is left with the Swiss cantons (states or provinces), which can delegate this
authority to local governments at their discretion. This division of
jurisdiction can result in an under-utilisation of local mechanisms to achieve
national sustainable development objectives. The following case provides
examples of jurisdictional barriers to the implementation of city of Zürich's
1995 environmental policy, which is part of the Zürich Local Agenda 21
programme.
Urban Planning
The Cantonal Structure Plan for the Zürich
region sets the parameters for growth, infrastructure and recreational and
nature protection areas. The plan's orientation is to meet growth objectives.
Meanwhile, the city sets binding limitations for environmental protection in
development activities. The city's principles and limitations for
environmental protection are not carried through into the Structure Plan
commitments.
Energy
Zürich's energy conservation policy has
identified a variety of actions to be taken at the Cantonal or Federal level
to enable the city to meet local goals. These actions include taxation of
energy use; setting energy consumption standards for established production
facilities, motor vehicles and equipment; and establishing regulations that
oblige owners to improve the energy performance of buildings.
Road Traffic and Air Pollution
The City of Zürich has vigorously pursued
a policy of promoting public transport and reducing the use of private motor
vehicles as far as possible within its jurisdiction. Nonetheless car ownership
and use is increasing rapidly throughout Europe and traffic pressure on the
city is growing. One possible solution being pursued by the City is to
concentrate motor vehicle transport on main roads, which are under the
jurisdiction of the Canton. Plans put forward by the city, such as
redistributing road capacity in favour of environmentally friendly forms of
transport, have been rejected by the Canton if they were seen as anti-motor
vehicle.
Air quality in Zürich does not meet all
the national standards, particularly with regards to nitrogen dioxide and
ozone. Motor vehicles and heating installations are together the primary
source of these problems. The City's authority is restricted to the
enforcement of regulatory restrictions on industrial and commercial
installations and the management of community streets and parking. The
Canton's clean air plan cannot be enforced effectively because of the City's
lack of jurisdiction over main roads, where most traffic-related emissions are
produced.
Waste Management
Zürich's policy objectives for refuse and
waste water call for massive reductions in the use of materials and goods,
causing difficulties for the City, whose power to act is established at the
end of the chain of materials flow. With few mechanisms to reduce the volume
of waste, the City must focus its efforts on recycling. Zürich's recycling
programmes have been so successful that plans are being made to decommission
local incinerators. However, the recycling operation must be subsidised due to
the collapse of the market for recyclable materials and subsidies in
neighbouring countries.
Information
Swiss Federal law of environmental
protection obliges authorities to inform the public about the state of the
environment and the success of measures which have been taken to protect it.
However there is no legal basis for granting comprehensive public access to
administrative records.
The city notes that the area of competence
for environmental policy has shifted in the last few years to the federal and
canton levels. In contrast with the mid 1980s, the city now has little
authority to enact environmentally relevant regulations, yet it is often left
as the only authority that enforces regulations that are enacted at a higher
level. The success of t he city of Zürich in such efforts, as well as in the
implementation of its own policy, will require:
-
Better integration of the cantonal structure plans and the
city ordinances to take account of local sustainability;
-
Incorporation of local objectives for traffic reduction
and air pollution control into national and regional highway objectives,
plans and programmes;
-
National regulations, fiscal incentives and international
trade agreements to minimise unnecessary packaging and use of resources
(which would reduce the current need to subsidise markets for recycled
materials);
-
Re-establishment of local legislative powers to
address local environmental and sustainable development issues. And
greater consistency in legislation so that local authorities can meet
their obligations to provide information to the public
Source: CAG Consultants
Facilitating Local Sustainable Development Measures: A Rapid Assessment
Exercise
The barriers described in Section 3 of
this paper are generic and can appear in different ways according to country
context. As the cases in Section 4 illustrate, even within one country a
barrier may be manifested in dozens of different ways, according to local
context. Realistic responses to these barriers must also be designed according
to context.
Therefore, the following exercise is
presented to assist the identification of measures (policies, plans,
practices, instruments), at each level of government, that either facilitate
or hinder the achievement of an identified local sustainable development
objective. The exercise is particularly designed for use by the sustainable
development contact persons in national/sub-national government
ministries/departments. It may also be an effective way for other government
policy analysts, legislative staff or program directors to rapidly assess the
implications of planned measures upon local sustainable development efforts.
The exercise is derived from a
participatory planning tool called force field analysis. This tool is commonly
used in workshops for priority setting and action strategy development. This
exercise therefore will be most effectively employed in workshops that bring
together representatives from all levels of government for the purpose of
establishing co-ordinated sustainable development strategies. In this sense,
the exercise may serve as a valuable tool particularly for National Councils
on Sustainable Development.
Steps
1. Select the local sustainable
development objective that you aim to support.
2. Identify and list the different
measures that can be taken at the local level to achieve this objective. The
listed measures should include all available local instruments for sustainable
development. These include regulatory instruments, land use control, provision
of infrastructure to support sustainable lifestyles (e.g., mass transit,
recycling facilities), economic instruments, management practices and
procedures, communication and awareness raising instruments, and performance
evaluation instruments. Use as many worksheets (see Worksheet #1) as necessary
to list each of the key measures available to local authorities in your
country context.
3. For each measure, identify the forces
(policies, plans, practices and instruments) at the sub-national, national and
international levels that will influence local implementation of the local
measure. List these forces on a separate sheet of paper and then evaluate
whether each listed policy, plan, practice or instrument will facilitate or
hinder the local measure. You might compare and rank the different forces to
identify those that would be most facilitating and most hindering. Then enter
the most important facilitating and hindering forces into the worksheet.
Continue this process until you have completed the worksheet for each measure.
[Note: Local governments also maintain
policies, practices and instruments that hinder their local sustainable
development measures. It therefore will be important for local government
officials to also undertake this exercise.]
4. After the first worksheet is completed,
identify the most common facilitating and hindering forces listed on the
worksheet. Identify strategies or measures that your ministry or department
can take to strengthen the facilitating forces and to reduce the hindering
forces. These strategies and measures can be entered into the second worksheet
(see Worksheet #2) for consultation and planning purposes.
Worksheet 1: Force Field Analysis for Local Agenda 21 Implementation
Local Sustainable Development Objective:
___________________________
|
|
Facilitating and Hindering
Policies, Practices and Instruments
|
|
Local Measures
|
Local
|
Subnational
|
National
|
International
|
|
Measure #__:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
|
Measure #__:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
|
Measure #__:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
Facilitating:
Hindering:
|
Worksheet 2: Measures to Support Local Agenda 21 Implementation
Local Sustainable Development
Objective:_________________________
|
|
MEASURES TO SUPPORT LOCAL AGENDA
21 IMPLEMENTATION
|
|
|
Local
|
Subnational
|
National
|
International
|
|
MEASURES TO STRENGTHEN FORCES (policies,
practices and instruments) THAT FACILITATE THE OBJECTIVE.
|
|
|
|
|
|
MEASURES TO REDUCE FORCES (policies, practices
and instruments) THAT ARE BARRIERS TO THE OBJECTIVE.
|
|
|
|
|
References
Asian Development Bank (1990), Economic Policies for
Sustainable Development, Manila: ADB
Carew-Reid, J et al (1994), Strategies for National
Sustainable Development, IUCN/IEED/Earthscan
De Moor, A and Calamai, P. (1997), Subsidizing
Unsustainable Development, Undermining the Earth with Public Funds, Earth
Council/Van Lennep Program on Economics and Sustainable Development
Falloux, F & Talbot, L M (1993), Crisis and
Opportunity - Environment and Development in Africa, London: Earthscan
Kamugasha, B B N (1989), Developing Institutional and
Legal Capabilities for Dealing with Environment in Sub Saharan Africa, AFTEN
Technical Note No 3, Environment Division, Technical Department, Africa
Region, World Bank
Kitchen, T, Whitney, D & Littlewood, S (1997),
Local Authority/Academic Collaboration and Local Agenda 21 Policy Processes,
Journal of Environmental Planning and Management, 40 (5), 645 - 659
McDonald, D (1994), It's Not Easy Being Brown - ANC
Environmental Policies, Southern Africa Report, Toronto, 9 (4), p 31
SARDC/IUCN/SADC (1994), State of the Environment in
Southern Africa, Harare: Southern African Research & Documentation Centre/World
Conservation Union/Southern African Development Community
Voisey, H, Beuermann, C, Sverdrup, L A and O'Riordan, T
(1996), The Political Significance of Local Agenda 21: the early stages of
some European experience, Local Environment 1 (1), 33-50
World Bank (1995), Towards Environmentally Sustainable
Development in Sub-Saharan Africa: A World Bank Agenda, Discussion Draft
16.5.95., World Bank Africa Technical Department
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