Sale of Texas roads to foreign entities dies

In one of the best developments Texas taxpayers have had all year, the authority to enter into contracts that sell-off Texas freeways to foreign corporations, called Comprehensive Development Agreements (CDAs or PPPs), expired August 31. Spoiling the good news is the fact that about a dozen CDAs were removed from the moratorium placed on CDAs in 2007, so many are at risk of being signed despite the grassroots victory that KILLED CDAs during Rick Perry’s special session of the Texas Legislature in July.

CDAs would charge Texans extremely high tolls to access public roads. The published figures for toll rates on two such deals in Dallas-Ft.Worth are 75 cents PER MILE, totaling $13 daily or over $3,000 a year in new taxes to get to work. One of the most insidious provisions include non-compete clauses that forbid the state from expanding or building roads within a certain mile radius of the toll road as a means to guarantee congestion on the free routes. CDAs also guarantee the private toll operator profit (one proposed amendment by Senator Robert Nichols tried to guarantee they’d never lose money), and they authorize toll hikes for more than 50 years.

In other words, CDAs equal government-sanctioned monopolies and wreak of sweetheart deals and cronyism. The Texas Attorney General, Greg Abbott, held up several contracts during the 81st legislative session, only to move them along since. Perry fondly refers to CDAs a “innovative financing,” but they’re more aptly called taxpayer rip-offs.

CDAs are also the mechanism through which the Trans Texas Corridor will be built. Two such contracts have been signed, and a third has been awarded but still not signed. In March of 2005, Perry inked a deal with Cintra for the development rights to the Trans Texas Corridor TTC-35, a super-sized toll road projected to be 1,200 feet wide, taking 146 acres of private farm and ranch land per mile of corridor for auto and truck lanes, commuter rail and freight rail lanes, telecommunications, and more. It’s been dubbed the biggest land grab and eminent domain project in U.S. history.

In March of 2008, Cintra snagged the CDA to build SH 130 segments 5 & 6, which is part of TTC-35. Cintra is a consistent player vying for many other Texas toll roads. ACS of Spain was awarded the development rights for TTC-69, but the CDA has yet to be signed. In fact last week, in spite of claims by Perry and lawmakers that the Trans Texas Corridor is “dead,” Perry-appointed Transportation Commissioner Ned Holmes just asked TxDOT to accelerate the TTC-69 CDA through the Attorney General’s office in order to ink the deal as quickly as possible.

Attorney General Abbott has a fiduciary duty to Texas taxpayers to hold-up these remaining CDA contracts indefinitely. Perry and pro-toll lawmakers have promised to re-authorize CDAs in the next legislative session. It’s Texans’ job to ensure that NEVER happens.

Trans Texas Corridor TTC-35 still alive and well

Link to article here.

Looks like Rick Perry’s Trans Texas Corridor is still alive and well to me…(see end of article). Also, looks like TxDOT can get FREEWAY improvements paid for when they set their minds to it. Note the many pots of money…

I-35 Strike Force Formation Discussed
August 31, 2009
Hillsboro Reporter

Staying on top of Interstate 35 construction projects through Central Texas is expected to be the major goal of a strike force that is being proposed by state-elected officials.

Representatives Jim Pitts, R-Waxahachie, and Charles (Doc) Anderson, R-Waco, were in Hillsboro recently to meet with local business leaders and elected officials at the Hillsboro Area Chamber of Commerce.

While other transportation corridors have been discussed, the interstate was identified as the “absolute common corridor” for commerce across Texas.

Those in attendance learned the significance of Prop. 12, Prop. 14 and TIGER grants, when it comes to highway funding.
Among the Texas Department of Transportation officials on hand were John A. Barton, assistant executive director in charge of engineering operations; Coby Chase, director of the government and public-affairs division; Richard Skopik, Waco District engineer; and Tony Moran, area engineer.

According to Barton, an ongoing cooperative effort should accelerate the development of the Interstate 35 corridor.
The immediate goal is to have the interstate at least six lanes from San Antonio to the east-west split north of Hillsboro, and then to Dallas and Fort Worth.

That has been accomplished with the exception of TxDOT’s Waco District, which stretches from the Williamson County line in the south to the northern boundaries of Hill County.
But, Barton explained that could change in the coming years with the recent commitment of the Texas Transportation Commission (TTC).

The widening project from farm roads 310 to 1304 south of Hillsboro has now been funded and is scheduled to be let for bids in March of next year.

Money for the project was allocated from Proposition 14 or Prop. 14 bonds that were funded during the July special session of the Legislature.

The proposed safety rest areas south of Hillsboro are not expected to be bid until toward the end of the widening project to assure service roads and ramps are in place, Barton said.

Where the exit ramps at Farm Road 1304 will be located has yet to be settled.

A rider that left the ramps unchanged was attached to the transportation bill, but it failed to be passed during the regular session.

The configuration approved by the Federal Highway Administration (FHWA) would move the southbound exit back to the north near the proposed rest area.

Skopik said that his staff is looking at plans that would move the ramp about 1,000 feet rather than the proposed 2,000 to 3,000 feet to the north.

“We have to educate the FHWA and get them to agree to the decision since it was approved in a public setting,” the district engineer said.

Voters approved $5 billion in general-revenue transportation bonds in 2007, but due to the economic downturn, only $2 billion were funded during the special session.

According to Representative Pitts, who chairs the House Appropriations Committee, the state couldn’t afford the payments on the full $5 billion.

Of the $2 billion, half was placed in TxDOT’s Infrastructure Bank, which provides funds for local entities to borrow against for transportation-related projects.

The other $1 billion was made available to the TTC for projects of their choice.

Federal stimulus money has been allocated to reconstruct I-35 from just south of Salado into Temple. That work will be let in May.

The other state-funding source for projects includes Prop 12, which is known as the Texas Mobility Fund, which was created by voters in 2003.

According to Skopik, those bonds must be repaid with gas-tax or vehicle-registration revenue rather than general-fund revenue.

“But we’re about to use up the authorized spending from Prop 12,” the district engineer added. “It is projected by 2011 or 2012 TxDOT will have fully used that funding.”

TIGER is the latest funding acronym to surface in transportation circles.

Transportation Investment Generating Economic Recovery (TIGER) grants are the last subset of the federal-stimulus money, Skopik explained.

It makes $1.5 billion in competitive grants available nationwide for highway, rail and ports.
The amount each state can receive is $300 million, according to Chase.

“Interstate 35 is main street Texas, and there will be agonizing decisions on where the money will be spent.

“We will be working with our friends (Texas delegation) in Washington to make sure we get a fair shake,” Chase added.

The competitive grant process has a September 15 deadline, and the Waco District is seeking money to reconstruct the interstate from Bellmead to just south of West.

If that project is funded, it would just leave a stretch from south of West to north of Abbott and between Waco and Temple to be widened to six lanes.

A second commitment of Prop. 14 funds from the TTC in January puts the engineering of those remaining sections on the front burner.

According to Barton, the commission has provided the funds to have all sections in the Waco District and up I-35E ready when right-of-way and construction funds become available.
Skopik and his staff have until the end of 2011 to complete the engineering work.

A similar deadline has been given to the Dallas District office for I-35E from the Hill County line north to Dallas.
The roadway is currently six lanes from Dallas south to near Waxahachie.

The money has yet to be allocated for engineering on Interstate 35W to Fort Worth because “the demand is not quite there,” Barton said.

Hillsboro Mayor John Erwin, who serves on TxDOT’s I-35 segment committee, questioned what happens after the interstate is expanded to six lanes.

Barton said that he was “optimistic” that the end is near on getting the funding to widen the interstate to six lanes.

“We don’t need to wait, we need to talk today about what we will do after I-35 is expanded as much as possible,” the assistant executive director pointed out.

Chase pointed out, from a statewide perspective, widening I-35 to six lanes only keeps up with the congestion, it doesn’t relieve it.

Mayor Erwin said that he thought high-speed rail needed to be a major part of the solution.

Hillsboro has remained active in the Texas High-Speed Rail and Transportation Corporation, which has the Texas T-Bone plan to run high-speed rail from Dallas-Fort Worth to San Antonio and “T” off at Killeen to go to Houston.

The results of an environmental impact study on the old Trans-Texas Corridor that passed through eastern Hill County remains in the pipeline.

A ruling on the study by the FHWA is expected by the end of the year.

Barton said that TxDOT had to follow through with the process, but there has been no decision on what to do with the study if it is approved.

The corridor system proposed by Governor Rick Perry fell by the wayside following political pressure from rural Texas residents.

Two cities to challenge San Antonio toll roads

Link to article here.

You may remember we’ve been working with American Stewards of Liberty (formerly Stewards of the Range) on forming these subregional planning commissions all over the state, called 391 commissions. We refer to them as 391 commissions because that’s where the authority to form them comes from in the local government code. It forces federal, state, and local agencies to meet their legal requirement to “coordinate” with local governments. For instance, if one of these cities or counties says in its regional plan that no toll road can come through its jurisdiction (or in an area that impacts its residents), then these agencies (RMA/TxDOT) basically can’t do it.

Up until now, they’ve all been in rural cities and counties in the path of the Trans Texas Corridor (using it as a means to stop the TTC). Well, weeks ago, after two long years of work, the cities of Hollywood Park and Hill Country Village formed one. It is the first one formed in an urban area. Hollywood Park is right at 281/1604 (ideal to stop the tolling of both highways) and Hill Country Village is just south of Hollywood Park (on the west side of 281), still in the project area.

Government to government challenges are FAR stronger than citizens to their government. We see what the government thinks about citizens…we’re just a loud “minority” or some other dismissive attitude. But they cannot ignore these two cities. Since they wouldn’t listen to us or two lawsuits, we changed our government so we could challenge them from within…

Cities partner to address 281/1604 together
By Christine Stanley
August 27, 2009
North Central News

Hill Country Village is joining forces with Hollywood Park to form a sub-regional planning commission that would tackle the U.S. 281/Loop 1604 interchange revamp — and any other state or federal project that may affect the two cities.Hollywood Park City Councilman Bob Sartor got the green light from his colleagues to start work on the commission last month. Hill Country Village council members approved the move Aug. 20.

State and federal law allows for at least two governing agencies — at the city or county level, or both — to form a sub-regional planning commission to promote the coordinated development of a particular region.

Such a commission can do that in a number of ways, including recommendations to higher governmental authorities on how to proceed with a particular project.

In this case, the sub-regional planning commission would focus on Alamo Regional Mobility Authority’s proposed $140 million plan for the 281/1604 interchange.

ARMA plans to build four elevated “direct connectors” between the two highways that would connect travelers on 281 north to the east and west sides of 1604, and two more connectors would take travelers from both sides of the loop to 281 south.

Construction could begin as early as next year.

ARMA is reaching out to Hollywood Park, Hill Country Village and surrounding cities through its own citizen advisory groups and public meetings, but Sartor reminded Hollywood Park residents last month that the agency has no legal obligation to meet with any community.

By law, ARMA would have to meet with the sub-regional planning commission and take any of its recommendations into consideration before making a final decision on the connector project.

Hollywood Park council members have expressed concern about negative impacts to their constituents during and after construction.

Hill Country Village Mayor Kirk Francis said he is worried about ARMA’s true intentions. He reminded his colleagues that ARMA was originally created by the state Legislature as a tolling authority.

“So I’m kind of curious why ARMA is hosting all these meetings that have to do with what’s supposed to be a TxDOT project,” Francis said Aug. 20.

ARMA has stressed on its Web site and in recent public meetings that the 281/1604 interchange will not be tolled.

Francis said the two cities will work out bylaws for the sub-regional planning commission during the next few weeks. It appears the commission will include Francis and Hollywood Park Mayor Richard McIlveen, a council member from each city and a resident designee appointed by each mayor.

“Right now, (ARMA) can tell us after the fact, they can invite us to meetings — that’s their form of communication,” Francis said.

He said the panel would also bring both cities closer in addressing health and safety issues of mutual interest.

Hill Country Village council members also approved a contract with Acadian Ambulance Service Aug. 20.

Francis was the tiebreaker in a vote to sever ties with San Antonio EMS last month. He broke a tie between council members Gabriel Durand-Hollis and Margaret Mayberry, who were in favor of sticking with San Antonio EMS, and Register and Elizabeth Worley, who wanted to switch to Acadian.

The ambulance provider would incorporate Hill Country Village into its coverage area for free, saving the city about $35,000 each year.

Hank Gilbert running for Governor

Link to article here.

Hank has served on the Board of TURF for several years and has fought alongside us to STOP Rick Perry’s Trans Texas Corridor, the sale of TX roads to Spain (CDAs), and the proliferation of toll roads. He is President of the Piney Woods Subregional Planning Commission formed to stop the Trans Texas Corridor TTC-69 project, and Hank was instrumental in KILLING CDAs and protecting pension funds during the special session in July.

Gilbert announces Democratic bid for governor
By R.G. RATCLIFFE AUSTIN BUREAU
Aug. 26, 2009, 9:53PM

photo

Gilbert, 49, a Tyler-area rancher, received 42 percent of the vote in his race against Republican Todd Staples for agriculture commissioner.

In the current governor’s race, Gilbert said he can bridge the gap between Democrats and moderate Republicans who are “disgusted” with incumbent Rick Perry’s service. Gilbert said he does not believe U.S. Sen. Kay Bailey Hutchison can defeat Perry in the GOP primary.

Gilbert’s entry into the race became another potential stumbling block for Fort Worth businessman Tom Schieffer, who received endorsements Wednesday from some of the top state House Democratic leaders.

They included Reps. Garnet Coleman and Jessica Farrar of Houston, Jim Dunnam of Waco, and Pete Gallego of Alpine. The group said Schieffer will be able to govern the state by bringing Democrats and Republicans together.

Schieffer has been struggling to win over hard-core Democrats because he was business partners with former President George W. Bush and served in his administration as ambassador to Japan and Australia, where he had to defend the policy of indefinite detention of terror suspects at Guantanamo Bay, Cuba.

Former party railroad commission nominee Mark Thompson also is in the race, and humorist Kinky Friedman is expected to join the fray.

Schieffer said he had hoped that Gilbert would run for agriculture commissioner again on a ticket with him.

“Ten days ago, Hank Gilbert talked to me about being part of the team and running the ag race. His exact words to me were: ‘You need to cover me in the urban areas, and I’ll cover your back in the rural areas,’ ” Schieffer said.

Gilbert said he had told Schieffer that at a Democratic summit in Tyler, but he said he changed his mind and decided to run for governor after listening to Schieffer speak.

“The man is very intelligent,” Gilbert said. “But he just didn’t inspire me. I was looking for that spark.”

Divide & Conquer: the 281 nightmare continues

First decode the jargon:

ARMA = Alamo Regional Mobility Authority (ARMA), a misleading name for tolling authority, whenever you hear “mobility” it’s code for tolling

MPO = Metropolitan Planning Organization is the local transportation planning board

NEPA = National Environmental Policy Act, federal law that guides environmental review for highway projects

__________________________________________________

The RMA can’t seem to tell the truth. At yesterday’s MPO meeting, Executive Director,Terry Brechtel, couldn’t even tell the Board how many toll lanes the agency is planning to build on 281. She’s either incompetent or intentionally hiding the truth. I believe it’s the later.

The point of the discussion was to get to the bottom of what happened to the $100 million in gas taxes dedicated to fix 281 (some became available in since 2003, the rest by 2006, documents showed it was still there through 2007) and how to move forward with an immediate solution. For the scoop on how a non-toll plan for overpasses and expansion on 281 was promised in public hearings in 2001 and funded with gas taxes since 2003, go to: www.281OverpassesNow.com.

Every project needs environmental clearance and funding. Sufficient funding, despite TxDOT’s best attempts at hiding and spending every cent available to fix 281, is still available. But yesterday, Clay Smith of TxDOT NEVER answered Rep. David Leibowitz’ direct question asking where the $100 million in gas taxes went. Brechtel also tried to claim the cost difference between the 20-lane toll road and 10-lane freeway plan was a mere $20 million.

TxDOT nor the RMA ever has to answer for its defiance, not as long as we have Rick Perry as governor and a sheepish legislature that’s too afraid to fix the big bad wolf. Guys like Commissioner Tommy Adkisson (new Chair of the MPO) and Rep. Leibowitz are in short supply in Austin. However, Bexar County Commissioners appoint the RMA Board and have floated the idea of dissolving it. Let’s insist they do.

The other hurdle in getting 281 fixed becomes the environmental clearance. The clearance for the toll road was pulled October 1, 2008. TxDOT royally botched the 281 toll road environmental study that was found to be rigged and fraudulent for which one employee was fired, two others “re-assigned,” and caused TxDOT to be banned from doing the new study (totally unprecedented).

The clearance was pulled for the toll road only. Federal law, NEPA, provides for a different course of action to advance in place of the toll road, particularly one that’s different in size, scope, and impacts. The original non-toll plan for 281 fits the bill, and yesterday we laid out how to get environmental clearance expedited for 281. It was abundantly obvious that TxDOT and the RMA continue to dismiss ANY other solution other than converting our existing FREEway into a tollway. Every non-toll scenario is shot down.

281-Schematic4.gif

Brechtel and sidekick Leroy Alloway blatantly misled the public in Sunday’s Express-News article stating that the footprint for the freeway plan and the toll road are identical when the RMA’s own web site (see inset photos) and even past Express-News reports show otherwise. The original freeway fix is 10 lanes and the toll road is up to 20 lanes wide. We don’t need a mega toll road to fix 281, we need overpasses and access roads.

281-Schematic3.gif

The toll road has detrimental impacts that the non-toll plan does not. There are significant negative economic impacts such as $2,000-$3,000 a year in new toll taxes and a higher cost of goods, indirect effects such as traffic diverting to neighborhood streets, environmental impacts due to continuous frontage roads that induce overdevelopment of the aquifer and a larger footprint creating greater impervious cover.

In addition, the criteria to determine what level of study is needed states controversy as a reason to do a full environmental impact statement. The toll roads are extremely controversial. The FHWA already required the RMA to do a full impact statement for the Bandera toll road for that reason.

Public meetings this week:
“Open House” means silence opposition
The RMA is hosting two public hearings this week, one tonight on the 281/1604 interchange at Harvest Fellowship off 1604 (just west of 281) at 5:30 PM, and a 281 “Scoping Meeting” Thursday at St. Mark’s Church off Thousand Oaks at 5:30 PM. The Open House techniques being utilized by the RMA for its public hearings do not comport with federal law, NEPA.

An open house format does not allow the public a chance to hear a formal presentation all at one time, with identical project information. The public has to read handouts, look at posters and project drawings spread around the room, and ask one-on-one questions of people from ARMA and the consulting firms in order to gain any understanding of the project. There is no official record of the questions and answers from the comments/concerns expressed in such one-on-ones. For a public hearing, there is a comment and response report where you can read the agency’s official response, but not with an open house.

TxDOT in recent years has begun to use the open house so that those opposed to a project don’t get to express their opposition during an open comment period at the end of a meeting where the audience hears these concerns and sometimes applauds and may cause some people to change their minds about a project. The open house format is a divide and conquer technique designed to silence those who may oppose the agency’s preferred alternative, which is always toll roads.

At the RMA’s open house for the 281 superstreet, attendees were not even made aware that in order to have their comments appear on the official record, they had to go submit them to the stenographer. We had many folks tell us they didn’t even know a stenographer was present.

The open house format is not a proper format for public hearings and it must be stopped or it can and will be challenged.

Here’s what you can do…

1. Head straight to the stenographer to get your comments on the official record.
2. Express your concerns with the Open House format where dissemination of info is not uniform and citizens cannot benefit from hearing other attendees thoughts about potential impacts.
3. Specifically for the interchange meeting, ask to see the document you’re supposed to be commenting on. (they’re holding a public meeting for comments on a document we believe is not even completed yet, which is cart before the horse and another violation)

Divide & Conquer: the 281 nightmare continues

First decode the jargon:

ARMA = Alamo Regional Mobility Authority (ARMA), a misleading name for tolling authority, whenever you hear “mobility” it’s code for tolling

MPO = Metropolitan Planning Organization is the local transportation planning board

NEPA = National Environmental Policy Act, federal law that guides environmental review for highway projects

__________________________________________________

The RMA can’t seem to tell the truth. At yesterday’s MPO meeting, Executive Director,Terry Brechtel, couldn’t even tell the Board how many toll lanes the agency is planning to build on 281. She’s either incompetent or intentionally hiding the truth. I believe it’s the later.

The point of the discussion was to get to the bottom of what happened to the $100 million in gas taxes dedicated to fix 281 (some became available in since 2003, the rest by 2006, documents showed it was still there through 2007) and how to move forward with an immediate solution. For the scoop on how a non-toll plan for overpasses and expansion on 281 was promised in public hearings in 2001 and funded with gas taxes since 2003, go to: www.281OverpassesNow.com.

Every project needs environmental clearance and funding. Sufficient funding, despite TxDOT’s best attempts at hiding and spending every cent available to fix 281, is still available. But yesterday, Clay Smith of TxDOT NEVER answered Rep. David Leibowitz’ direct question asking where the $100 million in gas taxes went. Brechtel also tried to claim the cost difference between the 20-lane toll road and 10-lane freeway plan was a mere $20 million.

TxDOT nor the RMA ever has to answer for its defiance, not as long as we have Rick Perry as governor and a sheepish legislature that’s too afraid to fix the big bad wolf. Guys like Commissioner Tommy Adkisson (new Chair of the MPO) and Rep. Leibowitz are in short supply in Austin. However, Bexar County Commissioners appoint the RMA Board and have floated the idea of dissolving it. Let’s insist they do.

The other hurdle in getting 281 fixed becomes the environmental clearance. The clearance for the toll road was pulled October 1, 2008. TxDOT royally botched the 281 toll road environmental study that was found to be rigged and fraudulent for which one employee was fired, two others “re-assigned,” and caused TxDOT to be banned from doing the new study (totally unprecedented).

The clearance was pulled for the toll road only. Federal law, NEPA, provides for a different course of action to advance in place of the toll road, particularly one that’s different in size, scope, and impacts. The original non-toll plan for 281 fits the bill, and yesterday we laid out how to get environmental clearance expedited for 281. It was abundantly obvious that TxDOT and the RMA continue to dismiss ANY other solution other than converting our existing FREEway into a tollway. Every non-toll scenario is shot down.

281-Schematic4.gif

Brechtel and sidekick Leroy Alloway blatantly misled the public in Sunday’s Express-News article stating that the footprint for the freeway plan and the toll road are identical when the RMA’s own web site (see inset photos) and even past Express-News reports show otherwise. The original freeway fix is 10 lanes and the toll road is up to 20 lanes wide. We don’t need a mega toll road to fix 281, we need overpasses and access roads.

281-Schematic3.gif

The toll road has detrimental impacts that the non-toll plan does not. There are significant negative economic impacts such as $2,000-$3,000 a year in new toll taxes and a higher cost of goods, indirect effects such as traffic diverting to neighborhood streets, environmental impacts due to continuous frontage roads that induce overdevelopment of the aquifer and a larger footprint creating greater impervious cover.

In addition, the criteria to determine what level of study is needed states controversy as a reason to do a full environmental impact statement. The toll roads are extremely controversial. The FHWA already required the RMA to do a full impact statement for the Bandera toll road for that reason.

Public meetings this week:
“Open House” means silence opposition
The RMA is hosting two public hearings this week, one tonight on the 281/1604 interchange at Harvest Fellowship off 1604 (just west of 281) at 5:30 PM, and a 281 “Scoping Meeting” Thursday at St. Mark’s Church off Thousand Oaks at 5:30 PM. The Open House techniques being utilized by the RMA for its public hearings do not comport with federal law, NEPA.

An open house format does not allow the public a chance to hear a formal presentation all at one time, with identical project information. The public has to read handouts, look at posters and project drawings spread around the room, and ask one-on-one questions of people from ARMA and the consulting firms in order to gain any understanding of the project. There is no official record of the questions and answers from the comments/concerns expressed in such one-on-ones. For a public hearing, there is a comment and response report where you can read the agency’s official response, but not with an open house.

TxDOT in recent years has begun to use the open house so that those opposed to a project don’t get to express their opposition during an open comment period at the end of a meeting where the audience hears these concerns and sometimes applauds and may cause some people to change their minds about a project. The open house format is a divide and conquer technique designed to silence those who may oppose the agency’s preferred alternative, which is always toll roads.

At the RMA’s open house for the 281 superstreet, attendees were not even made aware that in order to have their comments appear on the official record, they had to go submit them to the stenographer. We had many folks tell us they didn’t even know a stenographer was present.

The open house format is not a proper format for public hearings and it must be stopped or it can and will be challenged.

Here’s what you can do…

1. Head straight to the stenographer to get your comments on the official record.
2. Express your concerns with the Open House format where dissemination of info is not uniform and citizens cannot benefit from hearing other attendees thoughts about potential impacts.
3. Specifically for the interchange meeting, ask to see the document you’re supposed to be commenting on. (they’re holding a public meeting for comments on a document we believe is not even completed yet, which is cart before the horse and another violation)

RMA open house on 281/1604 interchange a farce

Link to article here.

See why the “open house” format is an affront to federal requirements for public involvement here.

Web Posted: 08/26/2009 12:00 CDT

Study on highway project disputed

By Josh Baugh – Express-News
The Alamo Regional Mobility Authority on Tuesday held its lone public meeting for plans to build four non-tolled direct connectors between U.S. 281 and Loop 1604 — a plan that’s expected to ease congestion in one of the city’s worst intersections.

But the RMA’s efforts to quickly move through a low-level environmental review came under fire from critics who’ve raised concerns about everything from environmental impact to the method in which the meeting was conducted.

The RMA will use federal stimulus money to pay for the $140 million project that will connect northbound U.S. 281 with eastbound and westbound Loop 1604 and connect eastbound and westbound 1604 to southbound 281. The northern side of the project can’t be built, RMA officials said, because the agency doesn’t have environmental clearance for work north of the loop.

Enrique Valdivia, president of Aquifer Guardians in Urban Areas, said his group advocates a more holistic approach. AGUA believes that the environmental review ought to include the Loop 1604 and U.S. 281 corridors as well.

“What we’ve been arguing all along is that any long-term solution needs to take in the entire area — not a piecemeal approach,” he said.

The RMA is conducting three separate environmental reviews on the two highways and the direct-connector project.

Valdivia said he’s concerned that constructing the direct connectors will predetermine the scope and plan of expanding Loop 1604 and U.S. 281.

His group, a co-plaintiff with Texans Uniting for Reform and Freedom, hasn’t ruled out reopening a federal lawsuit to ensure that the proper level of environmental review is done.

Stacey Benningfield, a consultant handling the RMA’s environmental review, said the level of review isn’t up to the RMA. Rather, it’s decided by the Federal Highway Administration. That agency has directed the RMA to do the lowest level of environmental review — a categorical exclusion — for the interchange project, Benningfield said.

Agency officials based that recommendation on other similar projects and what they knew about the RMA project, Benningfield said. The federal agency has the final say in approving the document and based on the review could require a higher-level study.

Tuesday’s meeting was a successful one, RMA officials said. RMA board members attended and helped answer specific questions from the public.

“This is an opportunity for the public to really get engaged,” RMA Executive Director Terry Brechtel said. “Look around. People are talking. They’re asking questions.”

The RMA hopes to hire a contractor by next spring to design and build the project.

RMA lies about size of 281 toll road

Link to article here.

The RMA purposely misleads the public in this article. Read what happened when we shined the light on these falsehoods here. See the proof that shows the 281 toll road is twice the footprint of the FREEway plan at www.281OverpassesNow.com.

Web Posted: 08/23/2009

Agency ‘aggressive’ on U.S. 281 environmental review

By Josh Baugh – Express-News
By 2012, the Alamo Regional Mobility Authority is hoping to have wrapped up the most extensive environmental review ever conducted on U.S. 281, the prerequisite to any long-term relief on the region’s most gridlocked stretch of highway.

The results of the federal “environmental impact statement,” or EIS, will dictate if and possibly how the U.S. 281 corridor from Loop 1604 to the Comal County line will be improved. No capacity can be added to U.S. 281 without first completing the EIS. It’s typically a five-year process, but the RMA hopes to complete it in three years.

“That is the bestthe best-case scenario in any circumstance,” said Terry Brechtel, executive director of the RMA. “We have decided to be aggressive and do some things to try to get this through. A lot of people and a lot of resources are trying to get it done.”

Improving U.S. 281 has been a controversial issue here for years because of the potential for toll roads, and it likely will continue to be as the RMA moves forward on its EIS.

Toll critic Terri Hall, the agency’s most outspoken opponent, has suggested that the cumbersome environmental review isn’t necessary — at least not anymore. Hall was part of a 2008 lawsuit that demanded that an EIS be conducted before any improvements were made to U.S. 281.

Her aim is to take toll roads out of the mix.

The EIS will evaluate, among other things, potential environmental, social and economic impacts that the highway’s expansion could have on the corridor. The study is supposed to take in a lot of public input.

It’s the type of study that toll opponents and environmental activists sought in a 2008 lawsuit they filed against the Federal Highway Administration, the RMA and the Texas Department of Transportation. Aquifer Guardians in Urban Areas and Texans Uniting for Reform and Freedom sought an injunction blocking tolled highway expansion until an EIS was prepared in compliance with the National Environmental Policy Act, or NEPA.

The groups wanted an EIS conducted jointly on U.S. 281 and Loop 1604. But the RMA is conducting an EIS separately for each highway. AGUA President Enrique Valdivia said that in itself taints the EIS process because it signifies the RMA putting its mark on the process before any outcome is reached.

Clearance yanked

In 2007, the Federal Highway Administration had given environmental clearance to the project based on a lower-level study — an environmental assessment — but the federal agency pulled the OK in 2008 after TxDOT announced that it had discovered irregularities in how its San Antonio district had procured scientific services.

The highway administration then sent a letter to the RMA requiring that an EIS be prepared for any future federal transportation project in the U.S. 281 corridor.

Environmentalists and toll opponents point to their lawsuit as a victory in stopping the project.

But Hall — TURF’s founder and director, and a plaintiff in the 2008 lawsuit — says the cumbersome EIS process could be avoided if plans to toll the highway were jettisoned.

RMA officials say it’s clear that there’s no way around conducting an EIS before adding capacity to U.S. 281. The Federal Highway Administration has said as much in a letter requiring that the study be done before any federal money is spent on U.S. 281. But Hall contends that the yanked environmental clearance only applies to the plan to build toll roads. Based on Hall’s reading of the National Environmental Policy Act, a non-tolled plan could undergo an “environmental assessment,” or EA, which is a lower-level study.

“We would argue that if you look at NEPA, you could actually do an expedited EA, meaning even faster than a normal EA, which is pretty quick compared to an EIS. And one of the things it says there in NEPA is that you don’t have to have public hearings, even. That’s a very long process.”

Hall advocates for TxDOT’s “original plan,” which called for two additional main lanes, bringing the total on U.S. 281 to six, along with four lanes of frontage roads. All the lanes were to be built as non-tolled.

But Leroy Alloway, the RMA’s director of community relations, says the footprint has never changed from the “original plan.”

“If you look at the plan she’s talking about, which is overpasses and frontage roads, and you look at the 2005 plan, they’re identical,” he said. “You look at the 2007 plan, it’s still the same footprint. You’re still building the exact same thing. The only difference was the expressway lanes would have been tolled. The frontage roads would have stayed as frontage roads. … That footprint didn’t change.”

That’s why the EIS should move forward, he said.

Solution sought

Now nobody knows what will be built. That’s where the public comes in.

On Thursday, the RMA will hold the first of several public meetings to gather input on how to deal with gridlock in the U.S. 281 corridor. In technical terms, the RMA will determine “need and purpose” that will help guide the outcome of the study — what the “preferred alternative” could be.

Maybe it’s the “original plan,” or the six tolled lanes that currently appear in the Metropolitan Planning Organization’s fiscally restrained Transportation Improvement Plan. Maybe it’s passenger rail, bus rapid transit or high-occupancy-vehicle lanes.

Throughout the process, a residents advisory group — which includes seats for AGUA and both of Hall’s groups, TURF and the San Antonio Toll Party — will meet and offer input for the EIS.

For Hall, though, it’s all for naught.

“At the end of the day, we want to get the overpass and original expansion plan for U.S. 281 funded and fixed and move forward with an expedited EA, and this whole EIS thing will be moot,” she said. That is, without toll roads on the drawing board.

But RMA officials say the U.S. 281 corridor is now a “blank slate” and that the EIS will determine the best way to address congestion there. There are a couple caveats: The preferred plan doesn’t have to be the most environmentally friendly, and funding sources have to be identified.

The RMA’s Brechtel says tolls are on the table and will remain so until another funding source becomes available. There’s not enough money from the state or federal governments to build the estimated $450 million project.

Hall said TURF would push in the 2011 Legislature for an indexed gas tax increase that would cover the cost of constructing freeways.

There are other options, Brechtel says, adding that San Antonio and Bexar County could decide to create a public improvement district or use property taxes to fund the project. More stimulus money could become available. Or a local-option sales tax — shot down in the Legislature this year — could take the place of tolls.

“Federal law says to keep a project going through an environmental study process, you have to have a reasonable revenue source, and today that reasonable revenue source is tolls,” Brechtel said. “I’ve been explaining that to folks on the MPO so they understand how this works.”

Brechtel wouldn’t speculate on the possibility of shifting trends at the MPO, the local agency that oversees more than $200 million of federal transportation dollars. Its new chairman, County Commissioner Tommy Adkisson, is a toll opponent and ally of Terri Hall.

Hall said she thinks the MPO could vote to rescind its approval of tolls, effectively deflating the RMA. If Brechtel’s concerned about that, she wouldn’t say.

A toll-road vote isn’t on Monday’s MPO agenda, she said, so she’s not worried about it “this month.”

Find this article at:
http://www.mysanantonio.com/news/traffic/Agency_aggressive_on_environmental_review_for_US_281.html

Texas Bank sold to Spanish firm with ties to Cintra, China

Link to article here.

Banco Bilbao Vizcaya Argentaria purchased Laredo National Bank in 2005, Compass Bank in 2007, and now Guaranty Bank in 2009. They’ve also partnered with China on a deal in 2006. Here’s the kicker, Banco Bilbao Vizcaya Argentaria is a financial advisor to the parent company that owns a 100% stake in Cintra, known as Grupo Ferrovial. Cintra owns the development rights to the Trans Texas Corridor TTC-35 project.

Seized Texas Bank Sold to Spanish Firm
Guaranty Deal Shows FDIC’s Willingness to Broaden Search for Buyers
By Binyamin Appelbaum
Washington Post Staff Writer
Saturday, August 22, 2009

The federal government is casting more broadly as it seeks buyers for a growing number of failed banks, including entertaining bids from foreign firms and seeking to attract new investors to the industry by easing restrictions.

The results were on display Friday, as regulators seized Guaranty Bank of Texas and immediately sold its branches, deposits and most of its assets to Spain’s Banco Bilbao Vizcaya Argentaria.

The failure of Guaranty, with $13 billion in loans and other assets, was the 10th-largest in U.S. history and the fourth-largest since the financial crisis began last year.

Regulators have sharply increased the pace of seizures this summer after months in which they left many unraveling firms untouched. The resulting spike in failures appears at odds with other signs that the economy is starting to mend, but analysts say the failures actually are an important step toward recovery. The seizure of a bank is in many ways the end of a problem, as the federal government absorbs the losses before selling the healthy parts to a new owner, setting the stage for renewed lending.

The greatest threat to that process is the dwindling supply of buyers. Guaranty is the 106th bank to fail since the beginning of 2008, and some healthy banks have sated their appetites for acquisitions. Regulators liquidated a Nevada bank last week after failing to find a buyer.

“The more institutions they are able to sell, the more market demand is met,” said Karen Shaw Petrou, managing partner at Federal Financial Analytics.

Petrou said the government is moving too slowly to seize troubled institutions, allowing problems to fester and increasing the eventual cleanup costs. That adds urgency to the search for more buyers.

Casting a Bigger Net
The sale of Guaranty to BBVA is the first to a foreign buyer during this crisis. The Federal Deposit Insurance Corp., which sells failed banks, also is considering rules that would make it easier for private investors to participate in the bidding, which is generally restricted to healthy banks. The agency already sold BankUnited of Florida to private investors in May.

Proposed rules issued in July were widely panned by potential investors as overly restrictive, but the FDIC’s board is expected to pass a less onerous version when it meets Wednesday. The agency is juggling its need for bidders against a concern that investors will use acquisitions as personal piggy banks. The original proposal required buyers to hold stakes for at least three years and to maintain significantly larger cushions against unexpected losses than the prevailing standard. The rules also strictly limit the use of acquired banks as a funding source for other investments.

The FDIC’s board may also reduce the size of the required capital cushion, according to a person familiar with the matter who spoke on the condition of anonymity because the proposal is not final.

Guaranty Bank, based in Austin, has its roots in the nation’s previous banking crisis, the savings-and-loan failures of the late 1980s. The company was created from the pieces of several troubled Texas savings and loans, and then later expanded into California.

Guaranty’s troubles stemmed mostly from its mortgage lending business. The bank made billions of dollars in high-risk mortgage loans in booming markets such as California and Florida, and it invested billions more in loans made by other companies. Spiraling losses ate through the company’s capital cushion, leading it to issue a highly unusual public prediction earlier this month that it would be seized by regulators.

The failure of Guaranty is another black mark against the Office of Thrift Supervision, the federal agency that regulates banks specialized in mortgage lending. Most of the largest firms to fail during the current crisis were regulated by the OTS, including Washington Mutual, IndyMac Bancorp and now Guaranty. As with the other OTS failures, Guaranty’s troubles derived in large part from the sale of “option ARM” mortgages, adjustable-rate loans that were specifically structured to allow people to borrow more money than they could afford.

Option ARM loans made up about one-third of Guaranty’s portfolio of mortgage loans, according to the company’s financial disclosures.

Financial analysts considered it only a matter of time until a foreign bank would prevail in the bidding for a failed U.S. bank. Several foreign banks have large footholds in the United States, including HSBC, Toronto-Dominion and the Royal Bank of Scotland, which owns Citizens Bank. Toronto-Dominion has made bids for failed banks through its U.S. subsidiary, TD Bank, but analysts said many foreign banks have been preoccupied healing their own wounds.

BBVA and its major Spanish rival, Banco Santander, are notable exceptions. Spain’s unusually stringent banking regulations kept both banks relatively healthy, and they have emerged from the crisis looking to expand. Santander bought struggling Sovereign Bank last fall.

BBVA expanded its U.S. presence with its $9.6 billion purchase of Compass Bancshares in 2007, giving the company almost 600 branches from Alabama to New Mexico. The Guaranty deal gives the company more than 150 additional branches split between Texas and California.

The company also owns the largest bank in Mexico, Bancomer.

3 Other Bank Seizures
Regulators seized three other banks Friday night, including Ebank and First Coweta Bank of Georgia, and CapitalSouth Bank of Alabama. The failures comes one week after regulators seized Colonial Bank of Alabama in the largest failure of 2009.

When a bank fails, the FDIC repays depositors to the extent that the bank’s own coffers have been depleted. The money comes from a tax on the banking industry, not the general public, although the FDIC can borrow money from the Treasury Department if the need arises. The rising number of failures have drained the FDIC’s insurance fund. About $13 billion remained at the end of March, but the agency estimates it will spend $5.8 billion on the failures of Colonial and Guaranty alone.

The FDIC already has increased the assessments on banks significantly. The agency plans to collect $17.6 billion from banks this year, which it estimates is the equivalent of a 5 percent tax on industry profits. That is more than five times the amount collected in 2008.

The agency already has laid the groundwork for an additional special collection before the end of the year.

Report: Impose 65 cent per mile toll to access ALL metro cities in America!

Okay, if you thought selling our public highways to Spain using PPPs was bad, along comes a report that the FHWA, FTA, and EPA were a part of, that is advocating the government impose a 5 cent per mile minimum toll to use our EXISTING federal interstates and that it impose a 65 cent per mile toll to access ALL 125 metro areas in the country (their definition of metro includes Modesto, CA) in an effort to reduce carbon emissions! It also advocates a steep parking tax in downtown areas and a $400 biennial residential on-street parking permit. Innovation Briefs newsletter dated August 18, 2009 outlines the proposals in the report below. Link to pdf of a presentation about the report here. (To get a copy of the report done in part with tax-funded federal agencies, you have to pay $24.95!)

If we think for ONE MINUTE that tolling isn’t about stealing our freedom to travel (using behavior modification), this report is proof-positive it most definitely is. INCONCEIVABLE!

From the Innovation Briefs Newsletter –

August 18, 2009

A Tendentious Report Has the Transportation Community Up in Arms

While the nation at large and the political community are consumed by the current debate about health care, another controversy is being played out on a smaller stage but with no less intensity. The object of the controversy is a recently released report entitled “Moving Cooler”. The report, unveiled with great fanfare on July 28 before a large gathering of  the Washington environmental community, purports to estimate the potential reductions in greenhouse gas (GHG) emissions that can be achieved from surface transportation. The report’s authors conclude that a combination of strategies and policy actions involving changes in vehicle and transportation system operations, travel behavior, land use patterns and level of transit service could reduce annual GHG emissions by up to 24 percent from the expected baseline levels in 2050. The authors further maintain that with “strong economy-wide pricing measures” (read, VMT fees and PAYD insurance), annual GHG emissions could be reduced by up to 47 percent.

The report was commissioned by a group of sponsors and written by a well-known transportation consulting firm, Cambridge Systematics. Sponsors included two environmental advocacy groups (Environmental Defense Fund and Natural Resources Defense Council), several foundations, the American Public Transportation Association, the Urban Land Institute, ITS America, Shell Oil Company and three government agencies – Federal Highway Administration, Federal Transit Administration and U.S. Environmental Protection Agency. The American Association of State Highway and Transportation Officials (AASHTO), one of the original sponsors, withdrew its support after concluding that the study “did not produce results upon which decision-makers can rely.” Specifically, AASHTO expressed concern that decision-makers could be led to rely on the study’s conclusions “without understanding the drastic steps that would have to be taken” to achieve the promised reductions.

At an August 13 meeting convened by AASHTO to discuss the report, many of the study assumptions were described as “extreme, unrealistic and in some cases downright impossible.” A list of 37 specific issues challenging the report’s methodology and requiring clarification was presented by a team of researchers that analyzed the study. Transportation professionals reached after the meeting were equally blunt. “This is an advocacy document pure and simple, couched in the form of a pseudo scientific analysis,” one state DOT official told us. Other transportation professionals, speaking on background, criticized the study as “not meeting scientific standards,” “using implausible assumptions,” “failing to adequately disclose key analytical assumptions,” “lacking in objectivity,” ” a deeply flawed analysis,” and “following a questionable peer review process.”

Precisely what kind of assumptions did the report use to warrant such a severe condemnation? Here is a partial list of measures assumed by the report’s authors that would be needed to achieve the estimated reductions:

– Institute tolling of all interstate intercity highways throughout the U.S. by next year (2010). Minimum toll would be 5 cents/mile. As the presentation to AASHTO pointed out, this would require immediate Federal legislation to authorize tolls and a massive crash effort to install toll equipment on these highways within the next year. The tolls would likely shift some traffic to other roads and hit rural areas hardest. According to the analysis, a 5 cent/mile toll would be equivalent to increasing the gas tax for interstate trips by $1.10/gallon for vehicles that get 22 MPG and $1.75/gallon for high-efficiency vehicles.

– Impose congestion pricing in 125 metropolitan areas, at 65 cents per mile. The presentation to AASHTO pointed out that a 20-mile round-trip commute trip would cost an additional $26 each day . Service workers and delivery vehicles could face much higher increased costs. The top 125 metro areas where congestion pricing would be imposed include such small urban areas as Canton, OH; Jackson, MS; Flint, MI; Modesto, CA; Greenville, SC; and Lancaster, PA.

– Impose or significantly increase parking fees in the CBD and require $400 biennial residential on-street parking permits

– Reimpose a national 55 mph speed limit

– Invest $1.2 trillion over 40 years in expanding urban transportation. Increase transit operating subsidies by next year to allow transit fares to be cut by 50% in all regions.

– Increase highway capacity above the baseline by either $640 billion (“aggressive deployment”) or $1.2 trillion (“Maximum deployment”) over 40 years.

– Add bike lanes and paths at 1/4 mile intervals in high density areas (more than 2,000 persons/square mile.)

– Require at least 90% of new development to be in compact, pedestrian- and bicycle-friendly neighborhoods with high quality transit. The report notes that the land use measures “may require strong regional land use planning and oversight agencies,… may result in higher housing prices and…some people might need to live in smaller homes or on smaller lots than they would prefer.”

While the report’s authors acknowledge in the body of the report that implementing the strategies at their “maximum deployment level” would require a major shift in national attitudes and political will, the presentation and press releases distributed at the July 28 report rollout ignored this caveat. They also ignored the report’s conclusion that lower emission reductions would be achieved at less intensive — and more realistic– levels of deployment. Thus, an impression may have been created, says Allen Biehler, Director of PennDOT and AASHTO’s President, that emission reduction targets in the range of 24 to 52 percent are reasonably achievable. This, in turn, could lead to their adoption in EPA rulemaking and legislation pending in Congress.

Environmental sources contacted for this story allege that the threat of climate change is no less urgent  than the threat of air pollution was 30 years ago, and the means  to combat it happen to be largely the same: reduce reliance on  and volume of automobile travel, greatly expand public transit, support nonmotorized travel (biking and walking), and change development patterns to achieve more compact “walkable” communities.  They had to be reminded that improvements in air quality over the last 30 years have been almost entirely achieved  through changes in vehicle and fuel technology and not through changes in travel behavior and land use patterns. Indeed, urban air pollution has been substantially reduced from its 1970s levels despite rising vehicle-miles of travel (VMTs) and continued dispersal of homes and jobs.

Be that as it may, the present controversy is not about  challenging the legitimacy of the emission reduction strategies advocated in the “Moving Cooler” report. It is, rather, about using allegedly flawed analysis and unrealistic assumptions that could mislead policymakers and the public and raise unreasonable expectations about how much progress can be achieved using these strategies. Evidence from  the last 30 years shows that “travel demand management” and “smart growth” have been largely ineffective as a means of reducing auto dependency and automobile trips. There is thus good reason to question whether these two strategies, applied in a reasonable manner,  would be any more effective in reducing future vehicular-based GHG emissions.

Lance Neumann, President of Cambridge Systematics, the consulting firm that authored the report, responds:

Unfortunately, there has been considerable misinformation circulated regarding the Moving Cooler study.  Contrary to some reports, Moving Cooler does not advocate for any particular approach to reducing GHGs, nor does it assess the political feasibility or the overall merit of the strategies examined.  Rather, it presents estimates of how much GHGs might be reduced for a very large number of measures and under a very wide range of assumptions about how aggressively they are implemented.  For Moving Cooler, organizations with varying perspectives were invited to join the steering committee, and members collaborated in selecting the specific measures and the range of implementation assumptions for each measure to estimate strategy effectiveness in reducing GHGs.  It is intentional that the implementation aggressiveness of each measure reflected a wide range of assumptions.

Given the range of measures and implementation scenarios examined, it is not surprising that AASHTO disagrees with some of the assumptions used.  Many members of the Steering Committee  also disagreed with some of the implementation assumptions that were evaluated.  However, there was consensus among Steering Committee members that exploration of the strategies under the range of assumptions defined was a worthwhile exercise to inform public debate.  We believe that Moving Cooler provides additional objective information to inform the debate, whether you agree with all of the assumptions or not.

It should also be noted that, although the study did not explicitly analyze fuel efficiency, it did use for its baseline forecasts more aggressive estimates of future fuel efficiency improvements than were used by the Department of Energy in its forecasts of future fuel efficiency.  So,  Moving Cooler analyses clearly acknowledge the absolutely critical role of fuel efficiency improvements in reducing GHG emissions.

Ed. Note: The Steering Committee that Mr. Neumann refers to included representatives of the American Public Transportation Association, the Environmental Defense Fund, the Federal Highway Administration, the Federal Transit Administration, ITS America, the Natural Resources Defense Council, the Shell Oil Company, the Urban Land Institute and the U.S. Environmental Protection Agency. Additional sponsors (but not members of the Steering Committee) included the Rockefeller Brothers Fund, The Rockefeller Foundation, the Surdna Foundation and The Kresge Foundation.

Link to “Moving Cooler” web site here.
C. Kenneth Orski is the author of Innovation NewsBriefs
A reminder of who Orski is: He was one of 4 who were members of President Bush’s Transportation Policy Team & later transition team (Federal Surface Transportation Program input with recommendations in 1999 which were largely followed & later shaped Mary Peters’ policies at US DOT).  The 4 cheerleaders for transportation infrastructure privatization are: C. Kenneth Orski, Stephen Lockwood, Alan E. Pisarski, and Robert W. Poole Jr. (Reason Foundation Libertarian think tank founder & public member of the Sunset Advisory Commission).
Normally we’re on opposite side of Orski’s thinking, but we agree that these proposing are an OUTRAGEOUS threat to our freedom to travel.