Toll Authority: Too many toll roads, too fast

Link to article here.

NTTA leaders fear Dallas area’s toll road push moving too fast
Monday, December 28, 2009
By MICHAEL A. LINDENBERGER / The Dallas Morning News

As the Dallas area rushes forward in pursuit of more toll roads, warnings that it may be doing so at its own peril have been emanating from an unexpected corner: the top leaders of the North Texas Tollway Authority.

Even as the NTTA enters the final weeks of negotiations that all sides expect will conclude by Feb. 28 with a multibillion-dollar deal to build two new giant toll projects in Dallas and Tarrant counties, the agency’s two top board members have been warning that the region may be moving too fast on toll roads.

People are going to realize that every new road in the metroplex is going to be a toll road,” NTTA vice chairman Victor Vandergriff said at a recent meeting of the NTTA board.

He was only exaggerating a little.

The Regional Transportation Council approves a 25-year plan for area transportation projects every five years – and the current plan has included a map with precious few free roads. Roads paid for with taxes have emerged as something of a luxury, one that the RTC no longer sees as affordable, given the rising needs and insufficient funds from Austin and Washington.

A new plan is in the works now, and officials say it could shift away from tolls.

But for now, tolls are fast becoming the dominant way local officials hope to move Dallas area residents from one place to another.

The NTTA already manages three major toll roads – the Sam Rayburn Tollway, the Bush Turnpike, and its oldest and still most lucrative, the Dallas North Tollway – and is collecting tolls on the first stages of a fourth, State Highway 161 in Dallas County.

Over the next six weeks or so, NTTA is expected to reach an agreement with the state Department of Transportation to complete Highway 161 and build the Southwest Parkway and Chisholm Trail toll roads in Tarrant County. A major expansion of the Bush Turnpike is under way now, and officials in Dallas continue to hope that NTTA will build the Trinity Parkway near downtown. State officials have said they want to add new tolled lanes to Interstate 35 between Dallas to Denton, as a means to pay for the expansion of that highway.

In addition, two major private toll roads, the region’s first, are expected to begin construction during the next 18 months. The Spanish toll road developer Cintra has teamed with other investors to rebuild LBJ Freeway in Dallas and Interstate 820 and State Highway 183 in Tarrant County, and will add what will probably be the costliest toll lanes in Texas on each.

Both toll projects are expected to be completed by 2016 or sooner.

“Even our free roads will soon have a toll component,” Vandergriff said.

Both Vandergriff and NTTA chairman Paul Wageman, who has also voiced reservations about the extent of tolling in Dallas, say toll roads are essential as Texas tries to keep traffic moving in the fifth-largest metropolitan area in the U.S.

But they worry that adding too many tolls, too quickly, could erode the one thing that makes them such a valuable tool in the first place: the willingness of drivers to pay their tolls.

“I do have concerns … that the public will only tolerate a certain amount of tolling,” Wageman told reporters at a news briefing in Arlington earlier this month. “We understand that to get the roads built, there is going to be a tolling component [to help pay for them]. But we are concerned because ultimately we must have public receptivity to tolling. We do not want to be in a position where that receptivity goes away, as that ultimately affects the business we are in.”

Toll roads remain a daily trade-off for hundreds of thousands of NTTA customers, who pay to save valuable time getting to work or the airport or to a meeting after school.

But will they remain popular, in the face of rising rates and as they spread to every corner of the region?

Vandergriff and Wageman voiced their worries separately this month as negotiations over Southwest Parkway and Highway 161 accelerated and brought into focus the debt required to build those roads, on top of the $7 billion NTTA already owes.

All that debt will be paid for by tolls – and if the tolls don’t produce enough revenue to satisfy bondholders, the rates would probably have to jump, just as they did earlier this year when NTTA increased rates by about 23 percent.

But raising rates will only work if enough drivers are willing to pay the higher rates to offset those who abandon the toll roads.

Already, some drivers have begun shunning the turnpikes.

Nathan Maxfield, a 35-year-old Web designer, used the Dallas North Tollway when he lived in Frisco and worked in Addison. But he began cutting back even before he moved to Plano.

In September, he started a Facebook group called People Against the NTTA.

Only about 60 others have joined his group, but Maxfield said frustration with NTTA’s rates is a common theme among his friends and colleagues.

“It was just the rising costs, and toll roads were just spreading everywhere you looked,” Maxfield said, explaining why he created the group. “It seemed like pretty soon, we wouldn’t be able to get anywhere without paying a toll.”

A WAY TO SPEAK OUT

The North Central Texas Council of Governments is seeking input on how to shape the region’s transportation network over the next 25 years and will literally redraw the map that for the past five years has shown nearly every new road as a toll road.

If the map for the so-called 2035 Plan is to look any different from the 2030 Plan, it will likely require a mix of new taxes, new approaches, and more rail.

Michael Morris, transportation director for the council of governments, just completed a series of public hearings, and written suggestions are encouraged. Send them to mobilityplan@nctcog.org.

Toll roads to flood Ft. Worth, with expensive new rates

Toll prices in Tarrant will vary based on traffic conditions

Posted Sunday, Dec. 27, 2009

Toll lanes are coming back to the Fort Worth area after more than a three-decade absence, with a few new and expensive wrinkles.

Tarrant County hasn’t had a toll road, unless you count the Dallas/Fort Worth Airport entrance, since the Dallas-Fort Worth Turnpike was converted into a freeway (now Interstate 30) in 1977.

But more toll lanes are on the way in the western Metroplex within four years. Examples include the high-occupancy vehicle lanes under construction on I-30 in Arlington, Loop 820 in north Fort Worth, Haltom City and North Richland Hills and Texas 114/121 in Grapevine.

Tolls could go as high as 75 cents per mile when congestion is at its worst. That would be more than five times higher than the average 14.5 cents per mile that motorists currently pay on Dallas-area toll roads. It’s a concept called value pricing, a way to limit traffic on the toll lanes and squeeze more revenue from motorists to pay for roads.

Supporters of value pricing, which also drops the price of tolls when traffic is light, say motorists will have a choice — stay on the crowded main lanes, or pay their way out.

“While there will be dynamic pricing, there will still be the general-purpose lanes, and in most places we’re adding frontage roads,” said Amanda Wilson, spokeswoman for the North Central Texas Council of Governments.

Where the tolls will be

Several years ago, the Regional Transportation Council set a ceiling of 75 cents per mile on variably priced toll lanes.

The lanes would operate electronically, without toll booths. Users could prepay with a TollTag, a windshield-mounted device that sensors read as a car travels on the road. Or, for cars without a TollTag, a camera system would take a picture of the license plate and mail the registered owner a bill.

Examples of projects:

In Arlington, high-occupancy vehicle lanes on Interstate 30 could be converted to toll-managed lanes by 2011. Toll rates haven’t been set.

In 2004, the Federal Highway Administration selected I-30 as a “value pricing pilot project,” which allowed it to get around a federal law banning new tolls on interstates. The transportation council was awarded $472,000 in federal funds to plan and design the lanes from Arlington to Dallas. Single-occupant cars would pay the full toll, while carpoolers, motorcyclists and buses could use the lanes free or at a discount.

The lanes currently end at Baird Farm Road/Legends Way in Arlington but eventually would be extended to Oakland Boulevard in east Fort Worth.

In Northeast Tarrant County, a development team led by Spain-based Cintra plans to rebuild Loop 820 and Airport Freeway beginning next year. The work on the North Tarrant Express project is expected to take four years.

Existing lanes would remain free, but tolls on two managed lanes in each direction would range from $1.20 to $6.50 each way for a 13-mile trip — 9 to 50 cents per mile.

In Grapevine, developer NorthGate Constructors plans to rebuild seven highways collectively known as the DFW Connector — including two managed lanes in each direction on Texas 114/121. Exact rates haven’t been disclosed, but drivers can expect to pay an average of 64 cents for a four-mile trip beginning in 2014, and 96 cents by 2029.

Southwest Parkway

In Fort Worth, the North Texas Tollway Authority is developing Southwest Parkway, a 28-mile toll road from downtown to Cleburne. The first eight miles, from I-30 to Dirks Road, are scheduled to be under construction next year.

Although Southwest Parkway won’t be a variable-price road, it is expected that the toll rate will be 20 cents per mile by 2013, compared with the 16 cents motorists are expected to be charged on Dallas-area tollways. The tollway authority approved toll rates this year that will gradually increase through 2018, with Southwest Parkway always 4 cents higher than the standard rate.

Fort Worth officials agreed several years ago to the higher rate on Southwest Parkway to offset the cost of additional bridge work and landscaping, as well as an expected loss of revenue from keeping the speed limit no higher than 50 mph in central Fort Worth.

Elsewhere

Value-priced toll roads are increasingly being used by metro areas to limit traffic on toll roads and to generate new revenue sources for roads.

In Houston, local officials recently approved new tiers of pricing on the Katy Freeway toll lanes — $1 each way during light traffic, and $2 to $4 during peak periods.

In Southern California, the 91 Express Lanes project has been around since 1995, allowing travelers on the Riverside Freeway to pay their way around traffic — up to $9.90 for a 10-mile trip during the busiest hour of the week, 4 p.m. Thursdays.

The road has become such a part of the L.A. streetscape that gift cards are even sold on the official Web site, www.91expresslanes.com.

Can it be long before cards like that are stocking stuffers in Fort Worth?

Pennsylvania lawmakers stand-up to tolling I-80

Link to article here.

12/22/2009

Pennsylvania: Lawmakers Line Up Against Tolling Interstate Freeway
Bipartisan group of federal and state representatives from Pennsylvania lobby against plan to toll Interstate 80.
The Newspaper.com
12/22/09

Representative Kathy DahlkemperFederal and state lawmakers banded together last week in an attempt to block the Federal Highway Administration (FHWA) from allowing the state of Pennsylvania to turn Interstate 80 from a freeway into a 311-mile toll road. A delegation of lawmakers met Thursday with FHWA officials urging them to reject the recently refiled application to toll this vital commercial link between New York and Chicago.

“The proposal to toll I-80 must be stopped,” US Representative Kathy Dahlkemper (D-Erie) said in a statement. “It will harm businesses and communities in Western Pennsylvania at a time when we should be doing everything in our power to accelerate economic recovery, not stall it. I am pleased to work alongside my colleagues in the House and with local leaders in Pennsylvania to try to put the brakes on this dangerous tolling plan.”

Eleven state representatives and two state senators, mostly Republicans, arrived in Washington from Harrisburg to join the lobbying effort. State Representative Scott Hutchison (R-Venango), for example, argued that his area’s only economic growth has come from companies that depend on the free commerce brought by I-80.

“If you take that away, we have almost nothing,” Hutchison said.

Federal opponents of the plan included senior Democrats like Congressman Paul Kanjorski (D-Nanticoke) and newcomers like Congressman Christopher P. Carney (D-Dimock Township).

“I am, and always have been, opposed to tolling on I-80, as it would negatively affect residents throughout Pennsylvania, but especially those in the Northeast,” Kanjorski said. “We must invest in projects and policies that will benefit Pennsylvanians, and tolling on I-80 will do just the opposite. Because of my constituents’ overwhelming opposition to tolling, today we spoke directly with the Federal Highway Administration and urged them to deny the state’s application to place tolls on I-80. I will oppose any effort that so clearly discriminates against Northeastern Pennsylvania, as tolling on I-80 does.”

On the Republican side of the aisle, Congressman Glenn GT Thompson (R-Howard) has led the federal efforts to stop Governor Edward G. Rendell (D) from imposing tolls on I-80.

“The economic devastation that could result from the tolling of I-80 has been obvious since it was first proposed,” Thompson said. “It was good to have members of the Pennsylvania legislature join us here to meet with the Federal Highway Administration and let them know the strength of the opposition to the Pennsylvania Turnpike’s funding scheme.”

Stop San Antonio freeways from falling under foreign control

URGENT ACTION NEEDED IN SAN ANTONIO!

Eye-popping 37 toll projects put into local MPO plan; 18 will put TX roads under foreign control!

Vote to adopt it is Monday, December 7.

EMAIL the MPO Board here: Listen@TexasTURF.org

Urge them to…
1) REMOVE toll roads and CDAs (contracts that hand our TX roads to foreign toll operators in 50 yr sweetheart deals!) from its plans.
2) Use traditional gas tax funding NOT privatizing and tolling Texas roads as its source of funding for these projects.
3) NOT VOTE for ANY plan with toll projects and CDAs in it.

Sampling of the toll projects on the docket:
-Hwy 90 (from 410 to 211)
– I-10 (from 410 to Kendall County line)
– Loop 1604 (just about the entire loop, not just the north half)
– 281 (from 1604 to Comal County line)
– I-37 (from 410 south to Atascosa County line)
– Bandera Rd (from 410 to 1604 still appears despite amendment to remove it)
– interchange at I-10 & 1604
– interchange at 281 & 1604 (northbound ramps)
– interchange at 1604 & 151
– interchange at 1604 & 90
– interchange at 1604 & 1-35
– interchange at I-35 & 410
– Kelly Pkwy/Spur 371 (US 90 to SH 16)
– ALL of I-35 (from Atascosa to Comal County line)

For more info on these horrific sweetheart deals and runaway taxation at a cost of 75 cents PER MILE, go here.

MPO rams 37 toll projects down San Antonians' throats

IMMEDIATE RELEASE

UPDATE: It’s been brought to our attention that there are actually 57 toll projects in the plan. The MPO adopted the plan December 3, 2009.

Eye-popping 37 toll projects appear in MPO’s new plan, 18 to come under foreign control
Taxpayers’ revolt ahead of Monday vote

(San Antonio, TX, December 3, 2009) While San Antonians were enjoying turkey and counting their blessings this Thanksgiving, their politicians were scurrying to load-up the Metropolitan Planning Organization’s (MPO) long-range plan with no less than 37 toll projects, 18 of them slated to come under foreign control using controversial private toll contracts called Comprehensive Development Agreements (or CDAs).

The grassroots defeated CDAs during a special called session of the Texas legislature in July, yet the MPO plugged these now illegal contracts into its plan anyway, apparently following TxDOT’s playbook of using it as a means to get CDAs re-authorized over the LOUD OPPOSITION of Texans in the next legislative session in 2011.

TURF has alerted the grassroots to urge the MPO to:

1) REMOVE toll roads and CDAs from its plans.

2) Use traditional gas tax funding NOT privatizing and tolling Texas roads as its source of funding for these projects.

3) NOT VOTE for ANY plan with toll projects and CDAs in it.

“We’ve been warning San Antonians for years that Rick Perry has made his toll tax policy so expansive, they won’t be able to escape it. The MPO’s list of 37 toll projects shows how out of touch our politicians are with the economic realities of their constituents. It’s clear this about more than getting projects built, it’s an all-out assault on our freedom to travel by making it unaffordable to drive. I haven’t met a single Texan outside the Capitol that thinks it’s a good idea to cede control of our Texas roads to foreign companies,” observes Terri Hall, Founder/Director of TURF.

As an example of just what a taxpayer disaster it is to hand control of our public roads to private, foreign toll operators using CDAs, drivers on a road operated by Spain-based Cintra (who has won three Texas contracts already) in Canada receive their first bill totaling thousands of dollars in fines years after they supposedly took the tollway. The government has no power to step-in and protect motorists from runaway taxation nor disputed toll fines.

A recent article in the Toronto Star chronicles the nightmare:

“’We, as a government, have no control over that, as a result of the (Mike) Harris government’s deal,’ to lease the toll road to a private consortium for 99 years and include a provision in the contract forcing the transportation ministry to deny new plates to anyone who doesn’t pay the 407 whatever it demands, said Bradley.

“The 407 ‘negotiated a deal that was very favourable to them and they covered all the aspects of the deal that they would want,’ said Bradley.

“Many readers said they think the 407 deliberately holds back invoices on unpaid balances to allow interest charges to grow, but Bradley noted that it “is responsible for establishing its own business practices, and under its deal … it has the right to set and collect tolls and administration fees and interest.”

Here’s some of the anti-taxpayer provisions involved in CDA sweetheart deals:
-In Texas, they can last up to 52 years
– Contracts kept secret from the public until AFTER they’re signed (no transparency, no way to ensure public protections)
-Charge oppressively high toll rates, like 75 cents PER MILE (like the deals in DFW) which on average will mean $3,000 a year in new taxes on driving
-Grant foreign companies the right to levy taxes, the power to take away drivers licenses or car/license plate registration
-Removes rights of due process for toll violations and fines
-Non-compete agreements that guarantee congestion on the free routes
-Guaranteed annual profits (so they can raise the toll rates to whatever price needed so they always get their guaranteed level of profit)
-Massive taxpayer subsidies (so it’s a double and even triple tax scenario) yet all the profits leave Texas
-Toll companies write off the depreciation of the “asset” on their taxes (then spin it off to another subsidiary company and start the depreciation all over again)
– Exemption from alternative minimum taxes and often special use of tax-exempt public bonds
– Little to no actual risk transfer
Slower speed limits on free routes and higher speed limits on the tollways to drive more traffic to the toll roads (financial incentive given to TxDOT for driving more traffic to the tollways)

A sample list of toll projects on the docket:

-Hwy 90 (from 410 to 211)
– I-10 (from 410 to county line)
– Loop 1604 (just about the entire loop, not just the north half)
– 281 (from 1604 to Comal County line)
– I-37 (from 410 south to Atascosa County line)
– Bandera Rd (from 410 to 1604 still appears despite amendment to remove it)
– interchange at I-10 & 1604
– interchange at 281 & 1604 (northbound ramps)
– interchange at 1604 & 151
– interchange at 1604 & 90
– interchange at 1604 & 1-35
– interchange at I-35 & 410
– Kelly Pkwy/Spur 371 (US 90 to SH 16)
– ALL of I-35 (from Atascosa to Comal County line)

-30-

Perry bought and paid for by special interests

Link to article here. Check out this ad that sums it all up in one snappy visual.

Perry pulling in big bucks from Austin political interests
By Wayne Slater
Dallas Morning News
November 30, 2009

While Rick Perry is bashing rival Kay Bailey Hutchison for palling around with special interests in Washington, he’s doing just fine collecting big bucks from special interests back here at home. it’ll be a couple of months before Perry and Hutchison file their next campaign reports covering the second half of 2009. But here’s a sneak preview, based on some early filings by political action committees that suggest Perry has been replenishing his campaign account with the help of various interests epresenting everything from real estate and toll roads to liquor and horse racing. Most are groups that have business before the state – and some have endorsed the incumbent Perry for reelection.

Todd Slater

For example, Perry got $50,000 in September from the Texas Realtors political action committee. He got $35,000 from the state homebuilders PAC and $25,000 from the politically well-connected Hillco lobby shop, whose big giver is Houston homebuilder Bob Perry.

Other big-dollar checks Rick Perry has received since July: $25,000 from the Texas Apartment Association, $10,000 from the nursing home industry, $25,000 from Houston horse and dog racing executive Charles Hurwitz’s PAC, $25,000 from the optometrists and $25,000 from the BG Distribution wine and beer wholesalers. Although highway administrators have declared Perry’s Trans-Texas Corridor project dead, the governor continues to collect from toll-road interests — $25,000 from the political action committee for Houston construction executive James Dannenbaum and $22,000 from toll consulting giant HNTB Holdings.

As for Hutchison, only a handful of political action committee contributions since July have shown up so far in filings with the Texas Ethics Commission. They include $50,000 from the AT&T PAC, $20,000 from the state architects committee and $30,000 from Valero Energy.

The candidates will file their full reports in January covering all contributions — both from individuals and special-interest PACs raised from July through December 31.

_____________________________________________________________

Add to that a healthy dose of further abuse of taxpayer money and campaign money….

Gov. Rick Perry’s trip to Vegas includes bachelor party for his son
Thursday, November 26, 2009
By CHRISTY HOPPE / The Dallas Morning News
AUSTIN – They say that what happens in Las Vegas stays there, but for Rick Perry, not all of it has.

The governor’s Oct. 24 political trip to Las Vegas to meet with Brian Sandoval, a Republican candidate for Nevada governor, included a bachelor party for Perry’s son, Griffin, spokesman Mark Miner conceded Thursday.

He initially declined to call it a bachelor’s party, saying he would describe it more as a dinner. He confirmed, though, that it was a celebration of Griffin Perry’s upcoming nuptials joined by a number of his male friends.

Miner said he didn’t know how many people attended the dinner and couldn’t provide details about any other festivity, saying he wasn’t there.

The governor used a combination of money from his political donors and the Republican Governors Association to pay for his Vegas trip. It’s illegal to use campaign funds for personal travel, but Perry has a history of combining business with pleasure trips so that political entities will pick up the tab.

He did it in February 2004 when he and his wife were joined by a handful of campaign supporters and anti-tax advocates on a trip to the Bahamas to discuss public school finance. That summer, he also went on a trade mission to Italy joined by his wife and daughter.

This year, he and his wife went to Israel to talk trade.

Taxpayers do not pay for such travel by the governor or his family, but his security detail is funded by the state. Department of Public Safety officials would not say Wednesday how much that cost.

The Las Vegas meeting with Sandoval might not have been that pressing, as it turned out. The former U.S. district judge and Nevada attorney general came to Austin a little more than three weeks later to attend a Republican Governors Association meeting hosted by Perry.

Perry has been a leader of the RGA, which raises millions of dollars to boost the campaigns of Republican governor candidates.

On the Saturday of the Vegas trip, Perry stayed at the ritzy Palazzo casino and resort where the cheapest rooms go for $239.

He flew to New York the next day to tour Wall Street with Texas business leaders.
_______________________________________________________

Add to that, another hit to taxpayers through extravagant travel. Read more here.

It adds up to a corrupt politician bought and paid for by special interests and motivated by self-interest, which explains his intractable policy of selling off Texas highways to the highest bidder to benefit his Wall Street cronies.

More calls for gas tax increase

Link to article here.

First, we want an end to gas tax diversions.
Second, we want a full audit and house cleaning at TxDOT (that has engaged in several illegal activities including waste, fraud, and abuse of taxpayer money as well as being tone-deaf to the citizen opposition to toll roads). We’d ideally like to see elected leadership that’s accountable to the PEOPLE to head TxDOT, not the current gubernatorial political appointees.
Third, an end to or severe curbing of all planned toll projects so the taxpayers aren’t hit with a DOUBLE WHAMMY paying tolls and higher gas tax. Part of this caveat includes none of the gas tax increase goes to building toll roads or financing debt for toll roads (a massive double tax).
Fourth, get a valid figure for our actual road needs they claim the current gas tax can’t cover so if any tax is raised, it’s based on verified data not TxDOT’s current wish list.
Fifth, nix the sale of Texas roads to foreign entities in public private partnerships (PPPs known as CDAs in Texas) that mean 75 cents PER MILE (not per gallon) in NEW taxes on driving, a non-compete agreements that GUARANTEE congestion on the free lanes, and a host of other sweetheart provisions HORRIBLE for the taxpayers.
Lastly, we’re for a statewide gas tax increase (not the “local option” patchwork quilt method) with possibly indexing it to inflation for a set number of years (no more than 5 years) so it has a cap/limit and not built-in, infinite tax increases. The intent of a cap is so that it would either come before the voters for re-authorization of the indexing or by a vote of the Legislature and not allow endless, runaway taxation without valid analysis/data to support the need for it.

When you compare a 10 cent gas tax increase (if your vehicle got 20 MPG and you drove 20,000 miles a year on average, it would cost you $100 more per year) with using just ONE toll road where we’re seeing toll rates of 25 cents to $1.50 PER MILE (not per gallon) that would cost on average $2,000-$3,000 a year, it’s a no brainer that gas tax is the most fiscally conservative way to fund roads.

Our web site has a link to a study done by Texas A&M that shows a modest increase in gas tax would prevent the need for ANY toll roads in Texas.

Texas may need to increase gasoline taxes
Star-Telegram
Friday, Nov. 27, 2009
The drumbeat for a gasoline tax increase during the 2011 legislative session is hard to hear unless you pay close attention, but it’s slowly building and will be louder in the coming year.

The idea is to push the state motor fuels tax up by 10 cents per gallon. The current level of 20 cents per gallon has not been changed since 1991. Texans also pay 18.4 cents per gallon in federal fuel tax, a rate set in 1993.

There’s also talk of indexing the state tax to inflation, meaning that it would go up each year in tandem with a selected measure of the overall cost of living. State estimates show that inflation has eroded about a third of the buying power of the motor fuels tax over the years, a slide that indexing is aimed to halt.

The current state tax is projected to bring in $6.3 billion during the next two years. Under the Texas Constitution, one-fourth of that is reserved for education.

The Legislature diverts some motor fuels tax revenue and other State Highway Fund revenue (motor lubricants tax, vehicle title and registration fees) to state agencies for purposes other than building, designing or maintaining roads. In the current two-year budget, diversions from the fund amount to almost $1.6 billion.

Dallas-Fort Worth leaders have pushed hard during the past three legislative sessions for more money to be devoted to transportation. The result: abject failure.

There is always opposition in Austin to any kind of tax increase. One of the strongest opponents — notably on the fuel tax — is Gov. Rick Perry. His big issue: People out in West Texas have the roads they need. Why should they pay more to relieve traffic congestion elsewhere?

Perry’s expected opponent in next year’s Republican primary, U.S. Sen. Kay Bailey Hutchison, has not offered a transportation plan.

Still, there’s general agreement that traffic congestion in many parts of Texas is bad and getting worse. The chairmen of the Legislature’s key transportation committees, Sen. John Carona of Dallas and Rep. Joe Pickett of El Paso, have said they will hold joint hearings on the issue in Austin next summer.

There’s no use going back to the Legislature in 2011 with the same old approaches. Transportation advocates need more allies, and that means addressing some of the concerns that have blocked previous efforts.

Here are some issues that one group of those opponents, Texans for Fiscal Responsibility, wants to see on the table:

End diversions from the Highway Fund. “Put every state gas-tax dollar into road construction and maintenance,” says TFR.

Devote money first “to the most congested areas, providing relief that is real, measurable and substantive.” Specifically to be excluded, TFR says, are “boondoggles like ‘light rail.’ ”

Require transparency for all local, regional and state transportation agencies that spend tax dollars. That means posting all revenues and expenditures online for all to see.

Require accountability for those same agencies, allowing state officials to audit their books. Forbid tax expenditures on lobbying.

Those aren’t easy steps. Most of the gas-tax diversions, $1.2 billion, go to support the Department of Public Safety. The need for DPS won’t go away; money for it must come from somewhere.

By 2012, the state Transportation Department is expected to have no money — other than what it can borrow — to build new roads. It will struggle to find enough revenue to maintain existing roads.

Increasing the gasoline tax may be the way to go, but to avoid another failure, advocates must learn from their opponents.

TxDOT defies legislature and continues push for privatized toll roads

Link to Dallas Morning News article here.

Dallas area may be first to see state’s new plan to fund toll roads
Monday, November 23, 2009
By MICHAEL A. LINDENBERGER / The Dallas Morning News
AUSTIN – Lawmakers might have left the Capitol earlier this year without getting much done when it comes to transportation. But they were clear on one point: They wanted the Texas Department of Transportation out of the business of building privately financed toll roads.

The Texas Legislature beat back attempts to extend the authority for so-called comprehensive development agreements – 50-year contracts with private companies that agree to build roads in return for toll revenue – and the department’s ability to enter into the contracts expired Aug. 31.

But less than six months later, state highway bosses may have found a loophole. And the Dallas area, already home to more toll roads than anywhere in Texas, probably is the place where they will try it first.

Last week in Austin, Texas Transportation Commission members told staff to submit plans by January for how to fast-track a roughly $4 billion expansion of Interstate 35E between Dallas and Denton. Officials say the project is a prime candidate for a new kind of financing that they concede looks a lot like the private toll deals ruled out by the Legislature.

“We’ve got to use all of these innovative ways of building highways or we won’t be building,” said commission member Ted Houghton of El Paso in an interview Friday. “It’s a fact of life. If you want us to build roads, then we are going to move forward using these kinds of tools.”

The tool in question is called pass-through toll financing, and is different, though not very, from the private toll deals lawmakers have put on ice.

Here’s how it works: A private company, usually backed by a group of banks and other investors, agrees to use its own money to build a state road, usually with the help of at least some tax dollars. In return for the new road, Texas promises to make payments to the firm based on the level of traffic it attracts. The more vehicles that “pass through,” the bigger the payment the private company will receive.

Officials say such deals involving big toll roads could last 30 years or more. So far, though, pass-through financing has only been a way for Texas to pay for a handful of smaller free roads. The per-vehicle payments simply pay back the investment by the private company, or in some cases a local government, and are not passed on to drivers in the form of tolls.

But that’s set to change, as highway officials eye using pass-through financing to deliver big toll projects in North Texas and elsewhere. Doing so will require some changes in the department’s rules, but is entirely within the department’s authority, said John Barton, assistant executive director of the Department of Transportation.

First up? Most likely the expansion of I-35E into a mixed road with both tolled lanes and free lanes, much like the LBJ Freeway will be once the Spanish firm Cintra rebuilds it over the next five or six years.

Option to delay

The department had planned to rebuild I-35E as a privately financed toll road using a comprehensive development agreement until the Legislature failed to extend the law that made that possible. Now it sees its choices as either delaying the work for a decade or more, or using the pass-through financing to get construction started in as soon as two to three years.

Though the deals are structured differently – in a pass-through deal, private firms take on less risk, and state payments are subject to a cap set by contract – they will come across as very similar to drivers, and to many others who opposed the deals known as comprehensive development agreements, or CDAs.

“These deals look very much like a CDA, and I want to make sure you understand that,” executive director Amadeo Saenz of the Transportation Department told a Senate hearing in El Paso this month. “We’re getting a lot of push from Denton and Dallas County [to complete more projects there]. I want to be forthright and maybe say, ‘Be careful what you are asking for.’ If you look at a private pass-through model project, it is very similar to a CDA. You are using a private firm to bring equity to the project.”

Sen. John Carona, R-Dallas, took that in stride, conceding that the agency had been woefully underfunded by the Legislature in recent years, and had to explore all of its options. But he lashed out at Houghton when he said the department also would be willing to shop a major Tarrant County toll project to private investors, if only the North Texas Tollway Authority first would relinquish its rights to the road.

“The community is not at all excited about you coming in and building toll roads,” Carona said. “NTTA builds our toll roads. … We don’t want you running toll operations in North Texas. The Legislature has been very clear.”

Houghton said Friday, “That’s fine. That’s a choice they can make.” The trouble, he said, is that NTTA doesn’t have the money to build the $1.8 billion toll project, known as the Southwest Parkway/Chisholm Trail project.

NTTA has confirmed it could need $1 billion in tax dollars or other help to keep its promise to build that road.

If that’s the case, Houghton said, why not let the state take it on, and see what kind of deal it could strike with a private firm that would compete for the opportunity?

Competition

“Competition does amazing things,” Houghton said. “It really causes the people across the table to sharpen their pencils.”

Instead, Carona wants TxDOT to guarantee NTTA’s loans to help it lower its costs, something the department has already offered to do on another area toll road, State Highway 161.

“I get the impression that you don’t want to work with NTTA,” Carona told Houghton in El Paso.

Houghton replied that his agency wants NTTA to flourish, but that guaranteeing both loans could cost the state as much as $40 million a year for many years to come.

On Friday, he said the department will not backstop the loans on both projects.

“NTTA has some decisions to make,” he said. If it wants the credit enhancement on Southwest Parkway, then it can’t have it on State Highway 161, he said. In the end, if NTTA can’t afford to do Southwest Parkway, then it should let it go, he said.

Transportation Commissioner Bill Meadows of Fort Worth, a powerful advocate for the Southwest Parkway project, said Friday that negotiations over how to structure the credit enhancement have resumed in earnest, and could be headed for a breakthrough.

If the negotiations fall through and NTTA can’t build the Southwest Parkway, then TxDOT will consider using pass-through financing to find a private partner who can, but only with NTTA’s permission, he said. “We’ll have to put every option on the table. This isn’t easy. It’s a billion-dollar hole they are trying to fill.”

No matter what happens with the long-running talks with NTTA, Saenz said his agency is determined to seek new solutions for Interstate 35E. And he is meeting with lawmakers to give advance warning that the department is proceeding with a new way of building privately financed toll roads

“I brought this up in El Paso and said it last month in Fort Worth. I don’t want to get beat up on this, but I am getting a lot of pressure … to move this project forward,” Saenz said. “I am a problem solver, and we do have a way to get these projects done.”

ROAD FINANCING

Under a comprehensive development agreement:

•A private firm enters into an agreement with the state to use its money, possibly with some public involvement, to build a road.•In exchange, the firm gains the right to collect tolls on that road for as long as 50 years.

•Deals can involve large upfront payments to the state for the right to collect tolls.

•The company shoulders the risk of profit or loss based on the accuracy of traffic projections, construction-cost estimates and other factors.

Under a pass-through financing deal:

•A private firm enters into an agreement with the state to use its money, possibly with some public involvement, to build a road.•Deals typically are for shorter periods of time than CDAs – 20 to 30 years as opposed to 50.

•The state agrees to pay the private firm for each vehicle that uses the road, within a maximum and minimum range.

•The state receives toll revenues, which are used to make pass-through payments.

•The state retains most of the risk.

•The deal can be used for free or toll roads.

AT A GLANCE: PRIVATE TOLL ROADS

Some private toll roads in Texas:

LBJ FREEWAY: It’s a free road now, but Spanish road firm Cintra will begin rebuilding it as a mix of free lanes and tolled lanes beginning mid-2011 or sooner. The $2.1 billion project will take five years, but once completed, drivers will have a choice: Sit in traffic on the free lanes or pay tolls that could reach $1 a mile to take the tolled lanes.

NORTH TARRANT EXPRESS: Another hybrid project, the state of Texas committed hundreds of millions of dollars toward this $2 billion effort. But the work will be done by a team led by Cintra, which will cover the rest of the costs, and collect tolls for 50 years. Construction begins next year and the highway will open by 2015.

INTERSTATE 35E: Not yet a toll project, but with the Transportation Department strapped, the only way this highway will be widened anytime soon will be if toll lanes are added. State officials say the only way it will be able to afford to build it anytime soon will be to partner with a private firm. Once funding is resolved, construction could begin within two to three years.

STATE HIGHWAY 130: In Austin, Cintra paid $25 million upfront as part of a deal struck in 2007 that gives it the right to build and operate a 40-mile stretch of the highway from Austin to Interstate 10 near San Antonio. The state gets a cut of the tolls and avoids costs estimated at well over $1.5 billion. Construction is under way and the road could open as soon as 2012.

One toll project defeated, but misplaced priorities prevent non-toll fix to most congested roadways

It’s a HUGE VICTORY for taxpayers that one Bexar County toll project, Wurzbach Parkway’s completion, has been nixed and reverted back to a non-toll project. However, putting Wurzbach Pkwy’s completion above the fix to the unbearable congestion nightmare on US 281 and the west and east sides of Loop 1604 is inexplicable. On October 26, the local MPO had the chance to fix the west side of 1604 non-toll using Prop 12 bonds and to revert 281 back to a non-toll project using existing monies. The MPO voted it down 13-5, Councilman Ray Lopez and Commissioner Chico Rodriguez who represent that area of 1604 and Senator Jeff Wentworth and Commissioner Kevin Wolff who represent the 281 corridor were among the board members to vote down the non-toll amendments.

Weeks later, TxDOT and the RMA railroaded the Wurzbach Pkwy project through the Transportation Commission and removed Wurzbach Pkwy from the toll plans without even coming to the MPO for approval and without a word of public testimony asking for it. Contrast that to the 281 and 1604 amendments before the MPO on October 26 that would have made them non-toll projects and reduced the cost using the same arguments TxDOT used to get Wurzbach approved at reduced cost, that the MPO rejected despite more than 500 attendees and FIVE AND HALF HOURS of public testimony demanding the non-toll fix to these roadways. Something is seriously wrong with this picture!
The article below references a letter sent to Chairman Joe Pickett by MPO Chair Commissioner Tommy Adkisson but grossly misrepresents the intent of the letter. Read the letter. for yourself. What continues to fuel inaccurate assessments of all these letters flying around of late is that no one seems to be reading them. Adkisson was objecting to TxDOT’s claim that it had come to the MPOs to get an approved list of projects for Prop 12 funding when it had not.

TxDOT acted alone, so did the RMA by removing Wurzbach from its toll plans and passing a resolution to fix it non-toll with Prop 12 bonds. Adkisson was sticking-up for the MPO’s proper role in transportation decision-making, and from what I can tell, that’s been the reason for most of his letters. So that was the rub, yet the article makes it appear Adkisson was blocking money coming to our region when nothing could be further from the truth. Had TxDOT come to the MPO as they are supposed to do and as they told the legislature and Commission they had, there wouldn’t be any question about the MPO’s priorities because the board would have adopted an official list.

At the end of the day, it’s TxDOT who acted unilaterally to use-up the Prop 12 bonds on everything BUT a non-toll fix to our most congested roadways, 281 and 1604. TxDOT needs unbearable congestion in order to entice people to pay a toll to get out of it.  TxDOT just gave us another lesson in railroading 101.

Web Posted: 11/19/2009 5:02 CST

Wurzbach Parkway funds OK’d

By Josh Baugh – Express-News
The Texas Transportation Commission on Thursday approved about $2 billion in highway projects across the state, including $130 million to complete the final three segments of Wurzbach Parkway on the city’s North Side.

Envisioned as a major thoroughfare connecting Interstate 35 to the Medical Center, the parkway has languished for years because of a lack of funding. But the state allocation will allow the Texas Department of Transportation to complete the final 4.8 miles of roadway.

Bexar County Commissioner Kevin Wolff said the area was lucky to receive the money during an era of declining funding for road projects.

“This is a huge, huge win for us,” Wolff said. “It’s about time that we finish a project that’s 20 years old.”

Statewide, more than 850 projects worth $8.9 billion were submitted, according to a TxDOT press release. The commission approved 74 projects, including six on Interstate 35 in Central Texas worth about $1 billion.

Not everyone agrees with the transportation commission’s priorities.

Bexar County Commissioner Tommy Adkisson, who also is chairman of the local Metropolitan Planning Organization, said the commission’s funding allocations were “incomprehensible.”

“I still think U.S. 281 North is easily the No. 1 project in Bexar County that should get our focus,” he said. “But I’m happy to have any money come to Bexar County.”

Read the rest of the story here.