Economist: Gas tax fairest way to fund roads

Link to article here.

Radio Iowa News
Economist says gas tax is “fairest” way to fund roads
Wednesday, February 18, 2009
An Iowa State University economist says the gas tax is the “fairest” way to raise money for road construction and maintenance.

I.S.U. economist David Swenson told members of the House and Senate Transportation Committees he analyzed the impact of a 10-cent-per-gallon increase in the state tax on gasoline. “Nearly all of us drives to work so we want to get a handle on the commuting costs of a gas tax,” Swenson said.

According to Swenson, the average Iowa commuter would pay from $33 to $100 a year more a year if there’s a 10 cent hike in the sate gas tax. The range accounts for variations in fuel efficiency of the cars Iowans drive as well as the miles Iowans drive to work. Swenson warns if gas prices rise again to the $4 level — and Iowans begin driving less — the amount of state gas taxes will go down as well.

Swenson also points out as Iowans buy more fuel-efficient cars, the amount of gas they’ll be buying will also decline. “So what you’re getting out of the gas tax is an upfront level of revenue that you would expect to tail off over time,” Swenson said.

The Senate Transportation Committee is considering a bill which would increase the state tax on gasoline by eight cents a gallon. According to Swenson’s calculations, an eight-cent hike in the gas tax would have little impact on the driving patterns of Iowans.

Gasoline today in the state’s capitol city is selling for $1.67 per gallon. The average price in Iowa is currently $1.89 per gallon. At its peak on July 16, 2008, pump prices reached $4.02 per gallon in Iowa.

The state of Massachusetts has begun exploring the idea of charging motorists a tax based on the number of miles they drive.

"Merger" nothing short of hostile takeover of Via by RMA

Link to proposed draft legislation here.

TURF Statement on proposed creation of Consolidated Transportation Authority
RMA Board Meeting
February 11, 2009

The RMA’s involvement in lobbying for this change in legislation is obvious to any casual observer, especially in trying to persuade the Transportation Task Force to modify their initial plan to simply dissolve the RMA and turn it into a merger instead. This constitutes illegal lobbying for the passage of specific legislation (violation of Texas Government Code Chapter 556.005), particularly in the RMA’s attempts to lobby to keep their jobs. We are bringing this to the attention of law enforcement officials.

The fundamental question is, why a merger instead of just dissolving the RMA? The ATD can do toll projects as well as most every other type of transportation project. We do not need to continue $1 million in salaries and benefits for employees who perform the same function of an existing board.

The language of this proposed legislation is so broad and liberal (it even states to construe it as liberally as possible in the text) that its powers could be construed to mean just about anything!

Here’s just the start of our list of concerns:
It allows the authority to toll a road without a vote if they use local funds instead of state money! The bill allows CDAs, including concession fees, which the people of Bexar County are adamantly opposed to, and even Judge Nelson Wolff himself stated publicly that he’s against a CDA with concession fees that take the money and control of our highways away from the people of Texas.

This bill throws fiscal responsibility and accountability to the wind. The authority could impose ANY kind of tax allowing total runaway taxation and bureaucracy run amok. The bill likewise allows the authority to steal money from one project to pay for another known as “system financing,” which results in one part of the community being overtaxed to subsidize projects elsewhere.

This lacks transparency and makes following the money trail near impossible. It allows un-elected bureaucrats to use taxes for purposes the taxpayers never intended. A tax should be tied to a specific project and sunset when the project is paid for, period. If more money is needed down the road, then you come to the voters and ask for it. Taxation in perpetuity in the hands of a band of unelected bureaucrats is legalized thievery.

If a road is tolled, it should be paying for the pavement those motorists are driving on, not used as a targeted tax to subsidize projects elsewhere. This bill creates the ability to co-mingle funds and pots of money to deceive voters and hide the fact that certain projects are not self-sustaining or truly viable projects. This authority would be more of the same elitist attitude we’ve seen from this Board….just give us your money because we know how to spend it better than you do.

The bill would allow the authority to form its own government-owned corporation to finance its own projects, which was defeated by the last Legislature. Talk about the fox guarding the henhouse, the level of self-interest and incentive to make poor investment decisions (knowing the taxpayers will bail you out) is staggering!!

Lastly, it’s clear the intent of this authority is to engulf the Hill County and outlying counties into its boundaries by hook or by crook. The people and their elected representatives in the outlying areas have clearly spoken at past MPO meetings that they DO NOT WANT THIS!

A more detailed analysis of our concerns are attached. When will the public comment on the specific proposed legislation begin since last week’s hearing failed to produce the bill?
________________________________________________________________

Specific areas of concern by section:
1) Sec 451.901 6) (c) allows for monitoring of citizens

2) Sec 451.901 6) (f) allows for concession fees (presumably through CDAs and private sheisters)

3) Sec 451.901 7) can lump virtually any transportation project into their “system,” which allows for “system financing” (code for stealing from Peter to pay Paul; targeted tax on one set of folks to give it to another, or subsidize another)

4) Sec 451.901 13) creates the ability to co-mingle funds and pots of money to subsidize ANYTHING without coming to the voters or doing so in a transparent way. It also allows an un-elected Board to levy taxes of all sorts without direct representation. It creates the ability to deceive voters and hide the fact that certain projects are not self-sustaining or truly viable projects.

5) Sec 451.902 – allows them to “liberally construe” the law to do anything they want. [again in Sec  Sec 451.905 (d)]

6) Sec 451.903 (b) (1) mentions multiple counties. It was clear at the MPO meeting last October that the people nor their elected representatives in the Hill Country want to have anything to do with Bexar County toll roads and MPO agenda. The language of this bill makes it clear in multiple places that this new entity could perform a hostile takeover of the Hill Country through designating a project outside the county lines as a “system.”

7) Sec 451.903 (b) (2) transfers the RMA’s toxic debts and its $1 million dollar salaries, benefits, and pensions to VIA/ATD with no assurances in writing that TxDOT will continue to fund this failed agency (and why should they?).

8) Sec 451.904 references planning and development of “mobility” (code for toll) projects in the authority’s county(ies) AND region thereby allowing toll projects in areas outside Bexar County where residents may be adamantly opposed to them. Allows the authority to make transportation decisions for other counties!

9) Sec 451.904 (d) transfers RMA salaries, pensions, employees and obligations to ATD…this doesn’t shrink government for maximum efficiency, it bloats the agency with guaranteed work and wages for RMA employees who have yet to produce ANYTHING in 5 years!

10) Sec 451.905 (a) grants virtually unlimited powers to itself by this nebulous statement “has the power necessary or convenient to carry out this subchapter or to effect a purpose of this subchapter” (“to effect purpose” has staggering legal implications)

11) Sec 451.905 (f) can impose ANY kind of tax (except property tax)…total runaway taxation and bureaucracy run amok

12) Sec 451.905 (i) – this section is governed by Sec. 451.705.  “SUBSEQUENT ELECTIONS.  (a)  If the initial election under Section 451.702 is held only in the principal municipality, or if the voters of another municipality or the unincorporated area of a county do not vote to join the district at the initial election under Section 451.702, the governing body of the other municipality or the commissioners court of the county may order an election in the municipality or the county at a later date on the question of joining the district…”

People would only be able to vote for or against the proposed tax hike, and aren’t given a real choice of between methods of financing and the specific projects that a tax hike would fund. A tax should be tied to specific projects, not placed in a pot of money that can be used on things the voters didn’t directly approve. That would be the only fair way to do an election on transportation issues…you are given choices, not yes or no roads!

13) Sec 451.905 (i) could form its own government-owned corporation to finance its own projects! Talk about the fox guarding the henhouse, the level of self-interest and incentive to make poor investment decisions (knowing the taxpayers will bail you out) is staggering!!

14) Sec 451.907 (4) (b) allows two RMA board members to be holdovers (not to mention Henry Munoz is already running the board).

15) Sec 451.907 (f) (2) prohibits elected official to serve as director of this taxing entity. That’s precisely who should be serving on this Board, it’s called taxation WITH representation, not the other way around!

16) Sec 451.907 (D) allows board member to receive financial compensation for real property acquired by the authority if he/she can claim it wasn’t known at the time of his/her initial appointment. The Board member ought to resign from the Board in such an instance and, at a minimum, recuse himself by abstaining from voting on the item. (Basic conflict of interest and bad ethics to not force recusal!)

17) Sec 451.909 (b) allows them to still issue debt without it being its report to the county/city in its strategic plan, so what’s the point of the reporting to them and having a plan if it can be ignored? This isn’t accountability; it’s just checking a box!

18) Sec 451.910 potentially allows the authority to overtake/govern outlying areas by designating a project a “system” without that territory’s permission. This section allows them to steal from one project or area to subsidize another. Bad public policy and co-mingles the money making transparency difficult.

19) Sec 451.911 (d) allows debt to be sold to private entities for private gain and allows debt for up to 50 years versus the traditional 30 yr municipal bond terms.

20) Sec 451.912 vague wording, “all powers are cumulative” and can be exercised either independently or in combination (with who? or what?) What does this mean? Could it mean in concert with a private toll operator like a Cintra?

21) Sec 451.913 this section should tie ANY sales and use tax to specific projects. By allowing a big pot of money to be used at the board’s sole discretion without notifying voters of what projects types it could fund, they could finance a toll road WITHOUT A PUBLIC VOTE, which was promised when the ATD was formed. So this is a loophole, even Tuggey admitted they could toll without a vote if they didn’t use state money and used local money instead! You can be sure they’ll exploit it!

22) Sec 451.918 E. would allow CDAs, which the people of Bexar County have consistently rejected (hence the moratorium and the kabosh on the 281/12604 CDA in the 2007 legislative session (SB 792).

Subchapter M of Sec 451 in the Transportation Code allows for the withdrawl from an authority, so surely there’s a away to dissolve the RMA, too. However, when you look at the procedure to withdrawl, in some cases, up to 20% of registered voters must sign a petition for a withdrawl election, which is a near impossible threshold to meet! After withdrawl, the region withdrawing has to pay back all the funds it ever received from the authority (again making it near impossible to withdraw)!

By contrast, the existing law on the public hearings to create a Metropolitan Rapid Transit Authority takes just 500 signatures and the City can call for election to create one, but it takes 20% of ALL voters to dissolve it. That’s NUTS! The RMA and Via gave less than a week’s notice for its public hearing February 5, this law says it should be at least 2 weeks and published in the paper for those 2 weeks. Without a bill to scrutinize or comment on, Sec 451.653 could not be fulfilled. See below…

Sec. 451.652.  NOTICE OF HEARING.  (a)  Notice of the time and place of the hearing on the creation of an authority, including a description of the area proposed to be included in the authority, shall be published once each week for two consecutive weeks in a newspaper of general circulation in the alternate municipality. The first publication of the notice must be published not later than 15 days before the date scheduled for the hearing.

(b)  The governing body of the alternate municipality shall furnish a copy of the notice under Subsection (a) to the Texas Department of Transportation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 451.653.  CONDUCT OF HEARING.  (a)  The governing body of the alternate municipality shall conduct the hearing on the creation of the authority at the place and time specified in the notice of the hearing. The hearing may be continued during the periods necessary to complete the hearing.

(b)  Any interested person may appear at the hearing and offer:

(1)  evidence on the issues described by Section 451.654(a); or

(2)  other facts bearing on the creation, construction, or operation of the proposed transit authority system.

Editorial: Light rail too expensive

Link to Editorial here.

Since the tolling authority, Alamo RMA, and the transit authority, Via, are proposing to merge the agencies and use toll revenues to subsidize mass transit and light rail, this editorial is crucial to the debate.

Web Posted: 02/09/2009

Light rail isn’t the track to the future

By Randal O’Toole – Special to the Express-News

As America’s largest city without rail transit, some people want San Antonio to “keep up” by building light rail. You need to know only one thing: Light rail is really expensive.

I mean, really, really expensive. The average mile of light-rail line costs two to five times as much as an urban freeway lane-mile. Yet in 2007 the average light-rail line carried less than one-seventh as many people as the average freeway lane-mile in cities with light rail.

Do the math: Light rail costs 14 to 35 times as much to move people as highways.

The Government Accountability Office found that bus-rapid transit—frequent buses with limited stops—provided faster, better service at 2 percent of the capital cost and lower operating costs than light rail.

If light rail is so expensive, why are cities building it? Starting in the 1970s, Congress offered cities hundreds of millions of dollars for transit capital improvements. If they bought buses, they wouldn’t have enough money to operate those buses.

So cities like Portland and Sacramento decided to build light rail—because it was expensive. Only light rail would use up all the millions of federal dollars. Other cities that wanted their share of federal pork soon began planning light rail, too.

How successful is light rail? In 1980, before Portland began building light rail, 9.8 percent of the region’s commuters took transit to work. Today, it is 7.6 percent.

Since 1980, Portland has spent more than $2.3 billion, half the region’s transportation capital funds, building light rail. Yet light rail carries less than 1 percent of Portland-area travel. That’s a success?

In 2002, Dallas opened a new light-rail line, doubling the number of miles in the city’s light-rail system. The new line attracted some rail riders, but the region lost more bus riders than it gained rail riders.

This often happens because rail’s high cost forces transit agencies to cut bus service. When Los Angeles started building rail transit to white, middle-class neighborhoods, it cut bus service to black and Hispanic neighborhoods. The city lost more bus riders than it ever gained in rail riders, and an NAACP lawsuit forced the city to restore buses and curtail its rail plans.

Is light rail good for the environment? Hardly. Dallas and Denver light-rail lines consume about as much energy and emit about as much greenhouse gases per passenger mile as the average SUV.

Engineering, construction, and rail car companies make huge profits from light rail. Their political contributions promote new rail lines. Siemens Transportation donated $100,000 to Denver’s light-rail campaign and was rewarded with a $184 million railcar contract.

Some people say San Antonio should build light rail because Dallas and Houston have light rail. To paraphrase American mothers, if Dallas and Houston jumped off a cliff, should San Antonio jump as well?

Taxpayers lose because their money is wasted on rail when buses could do the same thing for less. Transit riders lose when transit agencies cut bus service to pay for rail. Commuters lose when money spent on rail, which does nothing to relieve congestion, delays projects that actually can reduce congestion.

Light rail is a giant hoax that makes rail contractors rich and taxpayers poor. San Antonio should be proud to be America’s largest city that hasn’t fallen for this hoax.

Cintra to takeover I-820; collect $6.50 ONE WAY in tolls!

Link to article here.

Private toll lanes, free highways merge first in Tarrant project
Friday, January 30, 2009
By MICHAEL A. LINDENBERGER / The Dallas Morning News
mlindenberger@dallasnews.com

AUSTIN – Private toll roads are coming to North Texas, and coming fast.

In the first of three deals to be announced over the next two months, the Texas Transportation Commission voted 5-0 Thursday to hire a Spanish toll-road company to rebuild Tarrant County’s busiest traffic corridor, adding two new toll lanes in each direction.

The 13-mile project will replace the two free lanes in each direction on Interstate 820 and on State Highway 183 in northeast Tarrant County. Four new toll lanes will run parallel, and drivers used to tolls of about 14 cents a mile will initially pay rates as high as 75 cents a mile.

Construction should begin late next year and be complete by 2015, said a beaming roster of officials from Tarrant County and the Texas Department of Transportation. Final details of the contract will be negotiated over the next 60 days, and lining up lenders for the project could take until the end of this year.

“This is a historic day for mobility in North Texas, and a historic day for the citizens,” said TxDOT Commissioner Bill Meadows, a former Fort Worth City Council member. Nearly a dozen mayors, council members and others from the county traveled to Austin to hear the announcement Thursday morning.

For Dallas drivers, Thursday’s announcement is a sign of things to come.

Next month, the TxDOT leaders are expected to pick a firm to rebuild the LBJ Freeway. Like the North Tarrant Express, the LBJ project will add no new free lanes, but will add tolled lanes. The six new toll lanes will be half-buried underneath the existing LBJ lanes in what some have called the most ambitious road-engineering project in America, now that Boston’s Big Dig is complete.

The LBJ project is expected to begin construction next year and take five years – a significant challenge for the 280,000 drivers who currently use the lanes each day and the hundreds of businesses located along its frontage roads.

TxDOT officials said Wednesday that mitigation efforts with local business along LBJ have been under way for more than a year, though most lanes of traffic will remain open during peak hours throughout the construction period. Phil Russell, assistant executive director at TxDOT, said any contract awarded will include steep fines should the construction crews be forced to close main lanes.

Another project under bid by private toll companies is the DFW Connector in Grapevine, which will involve rebuilding and expanding State Highway 114 and State Highway 121, including interchanges across seven different highways. The 14-mile project will add free lanes and tolled lanes owned by the state along Highway 114.

North Texas drivers are increasingly familiar with toll roads, but they’ve never driven on lanes like these.

The new concepts that will be at the center of all three of these projects are what are called “managed lanes.” Toll rates for these lanes will change 24 hours a day, depending on how much demand for them there is. That demand will be measured by the amount of traffic on the free lanes.

For drivers, that means the more backed-up the traffic on free lanes, the more it will cost to get a quick ride into town on the tolled lanes. Buses will use the tolled lanes free, and motorcyclists and carpoolers will get a discount.

The idea is that by raising the tolls on the toll lanes when traffic is bad, it will keep the traffic down to a manageable level, which in this case is defined as traffic moving at 50 miles per hour or more.

It’s a rarely used concept, though drivers in Orange County pay a $1 a mile during rush hour into Los Angeles, and appear happy to do so.

For now, Cintra estimates that the peak-hour rates on the North Tarrant Express will be about $6.50 each way for the 13-mile trip, or about 50 cents per mile. It says tolls during nonpeak periods could be as low as nine cents a mile. By comparison, rates on NTTA roads, which do not change according to traffic levels, are about 14 cents a mile.

The Regional Transportation Council has adopted a policy that sets the maximum rate for the managed-lane tolls at 75 cents per hour for now, but even that cap is a soft cap. If the toll lanes prove so popular that they are getting overcrowded even at 75 cents a mile, the rates can be increased.

Jose Lopez, Cintra’s president of American operations, said the managed-lane idea is a new one for his company, and he applauded North Texas leaders for adopting what he called a “modern concept.”

It’s catching on, however. Toll roads in Virginia headed into Washington, D.C., will use managed-lane toll policies, and so will Houston’s rebuilt Katy Freeway, which opened late last year and is expected to begin using fluctuating rates within a few months.

The smiles all around the briefing room in Austin Thursday were in marked contrast with the consternation associated with Cintra’s first attempt to build a toll road in North Texas.

Two years ago, the commission awarded the company the rights to Highway 121, only to see an enraged Legislature step in and pave the way for NTTA to successfully bid on the project. This time, however, NTTA has its hands full and did not seek to compete for the road. It will, however, be paid a fee to collect the tolls for Cintra.

“We’re very pleased to see the level of support from local officials,” Lopez said Thursday.

The team Cintra pulled together to bid on the project includes nearly a dozen firms, including two others who have agreed to put money in as equity investors. One of those is the Dallas Police and Fire Pension Fund, though neither Lopez nor fund officials would say how much money they are investing.

______________________________________________________
Link to article here.

Monday, Feb 9, 2009

I-35W advocates express backing, hope for North Tarrant Express

AUSTIN — Beginning in 2015, drivers could pay as much as $6.50 each way to use four toll lanes that a private developer proposes to open on 13 miles of Loop 820 and Airport Freeway in Northeast Tarrant County.Yet on adjacent Interstate 35W, which many Fort Worth officials would argue is just as gridlocked and deserving of new lanes, there would likely be no improvements until 2018 or later, according to the $2 billion private contract with Spanish firm Cintra that the Texas Transportation Commission approved Thursday.It’s a problem that advocates of highway improvements in Tarrant County can’t escape.

Faced with the alternative — no new construction at all in the county — proponents of I -35W expansion stood in unison Thursday to support the so-called North Tarrant Express project. Their argument, in part, is that the state’s unprecedented swim into the waters of highway privatization, using a combination of public and private dollars, will be good for the entire western subregion of Dallas-Fort Worth.

“We’re pushing forward with this, and we support North Tarrant Express,” Fort Worth Councilman Jungus Jordan said, as he thanked state officials for their time invested in the project. “And now, we want to know what you’re going to do with I-35W.”

Their support is something of a leap of faith that Cintra will not only build the variably priced toll lanes within six years, but will also follow through with plans to rebuild I-35W and add lanes during the second decade of the 20-year plan.

Huge project

Overall, the North Tarrant Express project is a $5 billion effort that will likely be built in phases through 2030. It involves rebuilding aging free lanes on Loop 820, Texas 121/183, widely known as Airport Freeway, and eventually I-35W.

The plan also calls for adding capacity by building toll lanes, mostly in the highway medians.

While free lanes will still be available, trends indicate that they will become far more congested as North Texas continues to grow.

Eventually, toll lanes would be built on I-35W, too.

In the end, Cintra’s promise to take over North Tarrant Express and immediately build the estimated $2 billion first phase was too good to turn down, supporters said.

“We’re getting a $2 billion project for a $600 million investment,” Transportation Commission Chairwoman Deirdre Delisi said.

Cintra’s proposal was made public shortly after commissioners unanimously took action Thursday, ending a two-year competition that originally involved four bidders. During that time, North Texas officials who wanted a glimpse of the bids had to sign confidentiality agreements.

A competing plan by another Spanish company, OHL Infrastructure, was disqualified because a required security — a type of bond or deposit — wasn’t properly posted, officials said.

But in any case, Transportation Department officials said, Cintra would have beaten OHL head to head. Cintra’s proposal included construction of 169 lane miles, compared with OHL’s offer to build 64 lane miles.

Details of the deal

In addition to $570 million in gas-tax revenue from the Transportation Department, Cintra proposes to contribute $300 million in equity and $1.1 billion in debt, including federal and bank loans and private activity bonds.

Cintra’s offer was conditionally approved Thursday, pending approval from the Federal Highway Administration and the attorney general’s office. A review is expected to take about 60 days.

The tolls will vary, from $1.20 to $6.50 each way, Cintra U.S. President Jose Lopez said. The tolls will rise and fall through the day, with the goal of keeping toll-lane traffic moving at a minimum 50 mph.

Cintra’s proposal charges less than the 75 cents a mile allowed under a managed-lanes plan approved two years ago by the Regional Transportation Council, the Metroplex’s official planning body, Lopez said.

Cintra would build the first phase of North Tarrant Express and publish a master plan for the rest of the 20-year project. New free lanes would be built at state expense when certain congestion levels are reached, no later than 2030, according to the agreement.

I-35W complications

Although anyone who drives on I-35W knows it’s a no-brainer candidate for a makeover, construction is likely still years away, said Michael Morris, transportation director for the North Central Texas Council of Governments.

Eventually, Morris said, planners hope that the I-35W main lanes can be rebuilt from downtown Fort Worth to Alliance Airport. However, a federally required environmental study isn’t complete, he said.

Even so, members of the Regional Transportation Council will begin searching for public funds to divert to the I-35W project, especially now that private dollars are being injected into the North Tarrant Express project.

Also, the North Texas Tollway Authority is working on a plan to build parts of Southwest Parkway, a proposed toll road in southwest Fort Worth, entirely with debt issued by the Plano-based North Texas Tollway Authority. Such a move, if it is deemed feasible, would free up tens of millions of gas-tax dollars for I-35W.

And, the North Tarrant Express project will have some benefit to I-35W traffic, Tarrant County Judge Glen Whitley noted. Direct connections will be built from I-35W to the North Tarrant Express toll lanes, which will likely free up space on I-35W’s main lanes.

By including I-35W in the North Tarrant Express master plan, Whitley said, there’s a better chance that it will become more of a regional priority as planners realize the potential for toll revenue from I-35W, Whitley said.

Public meeting on tolling authority, transit merger a JOKE!

Link to article here.

02/06/2009

Details offered on bus, toll agency

By Patrick Driscoll– Express-News
Details in the latest version of a plan to merge the city’s bus and toll-road agencies, aired at a public hearing Thursday, have VIA Metropolitan Transit doing the swallowing.And a firewall that only voters could dismantle would prevent the super agency from using sales tax funds and bus fares to subsidize any of some 70 miles of planned toll roads now on the Alamo Regional Mobility Authority’s books.

But if the fused agencies ever build a toll road and pay back the bonds, ongoing toll fees could then help pay for light rail or other transit projects without a public vote.

“We will find a way to build a (toll) road,” Alamo RMA Chairman Bill Thornton said at a joint meeting of the two boards prior to the hearing. “In 20 years, we’ll have a cash flow that everybody will envy.”

VIA board member James Lifshutz said he wants to make sure the sales tax and bus fares aren’t raided to foot some of the costs for toll roads.

“At the end of the day, toll roads need to finance transit and not the other way around,” said Lifshutz, an advocate for developing light rail.

No need to worry about that, Thornton said, because transit never generates surpluses.

“Twenty years from now, transit will still be subsidized,” he said. “The revenue box is going to be subsidized forever.”

Meshing the agencies also won’t guarantee a public vote on toll roads as officials had said in December, when the idea was to pull them into an Advanced Transportation District passed by voters in 2004. Campaign promises at the time forbid ATD spending on tolls or rail without such votes.

Under VIA’s umbrella, a toll-road vote would be needed only if local sources such as a sales tax were used, not any state money, said attorney Tim Tuggey, who’s drafting state legislation to merge the agencies.

“That (promise) was tied to the ATD vote and ATD money,” said Tuggey, a former VIA and ATD chairman who now advises the Alamo RMA.

The ATD, with a board membership identical to VIA’s, would also be blended into the overarching agency.

The ATD collects a quarter-cent per dollar sales tax, with 1/8-cent spent on city streets and state highways and the rest on buses, while VIA oversees a half-cent for buses.

The super agency might also get a chance to ask voters to enact other local taxes and fees. A city-county Transportation Task Force last week called for a change in state law to make it happen, and in coming months might recommend an election to raise the sales tax.

Ballot language, not yet written, could tag those new funds to help pay for projects ranging from light rail to toll roads.

Three speakers at the hearing supported the proposal to merge the agencies while two voiced doubts. Among concerns is that a draft bill still isn’t publicly available.

“What are we supposed to comment on,” toll critic Terri Hall of Texans Uniting for Reform and Freedom said later. “It’s insane.”

Just before the hearing, Tuggey outlined what the legislation would do, saying:

The 11-member VIA board would pick up two more seats, with the new members initially coming from the board of the subsumed Alamo RMA.

The city and county would each appoint an extra member to the board, six and four, respectively. Suburban cities would continue seating two.

Other board rules would stay the same — two-year terms, eight-year cap on service and ethics obligations.

The VIA, ATD and Alamo RMA boards, San Antonio City Council, Bexar County Commissioners Court and the Texas Department of Transportation would all have to agree.

Judge keeps 281 lawsuit alive

IMMEDIATE RELEASE

FEDERAL JUDGE RETAINS OVERSIGHT OF US 281 AND LOOP 1604 PROJECTS

San Antonio, TX – February 6, 2009 – Yesterday, U.S. District Judge Fred Biery turned to common sense, “old lessons,” the wisdom of Aristotle, and even a bit of poetry in a ruling on the lawsuit filed by Aquifer Guardians in Urban Areas (AGUA) and Texans United for Reform and Freedom (TURF) against the Texas Department of Transportation (TxDOT), the Federal Highway Administration (FHWA), and the Alamo Regional Mobility Authority (ARMA) over the proposed US 281 and Loop 1604 toll roads.

Specifically, Judge Biery denied motions by FHWA, TxDOT and ARMA to dismiss the case as moot.  Instead, the Judge took an interim step that left the case closed but pending on the court’s docket and subject to further requests for relief by the parties.  At the same time, Biery denied motions by the Plaintiffs to order the Defendants to release study documents on the proposed toll roads that were previously withheld.

While stopping short of ordering the Defendants to study the proposed, intersecting US 281 and Loop 1604 projects together in one comprehensive environmental study, Judge Biery wrote that while “the Court has no highway engineering expertise, it seems commonsensical that two intersecting parts costing billions would be connected to create an Aristotelian whole.”

In response to the lawsuit, FHWA had previously reversed course on US 281, revoking its approval and ordering TxDOT to prepare a full Environmental Impact Statement on the proposed seven mile long toll road.  The project would extend from Loop 1604 north to the Comal County line.  TxDOT had also recommended that the proposed 36-mile long Loop 1604 toll road, which similarly traverses the recharge zone for the Edwards Aquifer, be approved without an EIS.  But in recent months ARMA has stepped forward to begin the process of preparing preparing EISs on both projects.  All of the Defendants, however, have resisted Plaintiffs demands that the two projects be studied together, in a single study on what ARMA has called its “starter toll system.”

The court makes clear that it will watch the next moves from FHWA and TxDOT and that it expects “transparency and public participation” in the decision-making process.

Judge Biery’s six page order writes of “Uncle Fred and Aunt Della Grantham . . . [who] knew nothing about computers or air conditioning or environmental impact statements, but they were wise enough not to build the privy close to their water supply.”

In leaving the case pending, Judge Biery wrote that while the projects remain “at a red light, the issues of water quality and quantity and traffic gridlock will not disappear into the legal smog. . . .  What is known is that we, like the dinosaurs and the cockroaches, will either adapt, move or die.”  He concluded with this adaptation of John Donne’s meditation of 1624 (which, in turn, inspired Hemingway’s novel, “For Whom the Bell Tolls.”

“No San Antonian is an island, entire of itself;
Each is a piece of South Texas, a part of the Edwards escarpment.
If our refuse washes into the aquifer,
all are the less.

And species’ death diminishes the whole,
Because we are all involved in life,
and therefore never send to ask for whom the road tolls;
it tolls for thee.”

Representatives for the Plaintiffs deferred comment for another day, preferring that the people of San Antonio consider the words of the court.

To read the Court’s opinion, go here.

-30-

TURF, Toll Party endorse Pape Dawson's 281 plan

IMMEDIATE RELEASE

Grassroots hail Pape Dawson’s interim fix for 281

San Antonio, TX, February 5, 2009Gene Dawson, President of Pape Dawson Engineers, saw a problem, unbelievable gridlock on 281 North of 1604, and he was just the guy who knew how to fix it. Pape Dawson has been briefing neighborhood groups on what many see as a workable interim solution to help get weary commuters on 281 N moving again.

What’s the best part about it? The fix is only $7.2 million, can clear environmental hurdles, boost traffic flow by 40%, and be done by the end of the year. See the schematic of the proposed J-turn intersections here. It’s called a superstreet, and they’ve been successfully implemented in North Carolina, Michigan, and Ohio and could be an affordable solution applied to other parts of Bexar County, like 1604 and Braun Rd. area and on Bandera Rd.

Super Street Concept
Click to view demo

“The grassroots are thrilled at the truly innovative solution Pape Dawson has brought to the table. It shows how we don’t need a 20 lane toll road plan to get traffic moving again. It also shows that there’s plenty of talent in this community to get the long-term fix on 281 when we all work together toward a sensible, speedy solution. While we believe the long-term solution to the county line can commence in months not years if the politicians would insist TxDOT work with community groups to agree on a less invasive, more affordable plan, this superstreet will at least stop the bleeding,” Terri Hall, Founder of TURF and the Toll Party, relates.

Citizens have been clamoring to get the original, non-toll freeway plan built on 281 for 4 years, and they have recently launched a campaign to pressure politicians in the area to get the job done. View it here. The freeway fix was promised in public hearings in 2001, had environmental clearance, no opposition, and it was funded with gas taxes in 2003. Then the Texas Legislature, including State Rep. Frank Corte and Sen. Jeff Wentworth, voted for Governor Rick Perry’s toll road plans. That’s when 281 FREEway improvements were turned into a toll plan instead.

“It’s all about the money. Our politicians want to tap the vein and charge 281 commuters an extra tax to get to work in order to fund their pet projects elsewhere. It’s highway robbery and citizens, rightly, went nuclear to stop it,” Hall declared.

Though the Alamo Regional Mobility Authority (ARMA) and TxDOT stubbornly claim there is no money or environmental clearance to fix 281, the money is still there in Metropolitan Planning Organization (MPO) documents, $425 million total, which is more than enough for the less invasive original plan AND the interchange at 281/1604.

“There are provisions in the law that would allow the project to commence with environmental clearance, and these agencies know it. They vehemently deny it because their jobs depend on it.

“The stalemate over 281 isn’t about lack of money or lack of clearance, it’s about a lack of political will. It’s about rogue bureaucrats and unresponsive politicians who can magically produce $20 million for an overpass for wealthy campaign donors in the Dominion, yet they’d have us believe the same ‘can’t’ be done on 281. The pathway to a solution the taxpayers and environmental groups are happy with is ripe for the picking, but our politicians refuse to choose it. They want our money, and they don’t care about the environment or whose lives’ they’re wrecking to do it,” Hall noted.

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Letter to Editor about Governor Perry's eminent domain farce

The letter below was written by Linda Lancaster whose entire family on her mother’s side has land and corn-producing farms in the path of TTC-35 east of Temple. She contacted Governor Perry’s office about his feigned new-found love of private property rights and said that if the Trans Texas Corridor was a regular road for public use that she couldn’t really argue if it were indeed for public use, but because Perry wants to seize our land and turn it over to a for-profit private tolling company, that is using the power of eminent domain for economic development. She rightly cannot understand how the State can seize someone’s business (farm) and turn the property over to someone else’s business (toll company). And, as in Arlington, she fails to understand how they can tax hotels/car rental businesses and make that tax go towards building someone else’s private business (Cowboys stadium).

Our answer to Linda: The reason we cannot understand such hypocrisy and exploitation is due to the scope and depth of corruption in government today. The average Texan is beginning to understand how special interest politics (where one special interest exploits both the taxpayers and fellow businesses for their own personal gain by simply greasing the palms of politicians to get pet projects and laws passed) will rob them of their own property and their ability to make a living or to pass on a heritage. That’s what needs to stop, but it won’t without a Texas-sized tax revolt!

Dear Editor:

To see Gov. Perry use Susette Kelo for a photo-op in several newspapers while claiming to value property rights makes me physically ill.   Mrs. Kelo is the public face of eminent domain abuse in America.  Mrs. Kelo fought her town’s plan to seize her home and land to turn over to private developers wanting to build condos, retail shops, and a resort hotel in Connecticut.  Her case went all the way to the Supreme Court, whose shameful 5-4 decision (Kelo vs. New London) in 2005 opened the floodgates for local/state governments to take land and hand it over to private developers. This is pure “Robin Hood” in reverse — take from the poor and give to the rich.

It is our dear Gov. Perry who is behind the biggest land grab in Texas history.  His Trans Texas Corridor private toll road is scheduled to seize 580,000 acres from Texas landowners.  Our state will seize land and farms from owners, turn it over to a private for-profit tolling company, then let overtaxed drivers pay back the money in exchange for building the tollroads.  This plan is not dead yet; it has simply undergone a name change and a public relations makeover.  Mr. Perry’s “Toll Roads Across Texas” and eminent domain plans are alive and well.

Now that Sen. Kay Bailey Hutchison is running for the governor’s office, our dear Gov. Perry has become a “fan” of strengthening eminent domain laws (the same ones he vetoed in 2006).  You’re much too late, Governor.  You sit silent while land and homes are seized all across the great state of Texas for condos, retail shops, stadiums, private toll roads, and other forms of PRIVATE development.  It is obvious that you favor private developers, businesses, and lobbyists over your constituents.  Our forefathers’ 5th Amendment definition of “public use” was meant for roads, bridges, schools, etc., not playgrounds for the rich and famous.  You are selling off our entire state.  What’s next, the Alamo?  You should be ashamed to say you value property rights, farmers, and our Texas heritage.  What a laugh!

Linda Lancaster
Arlington, TX

Perry insults toll opponents as stupid

Analysis of Governor Rick Perry’s interview with the Dallas Morning News about transportation below is provided by Susan Ridgway Garry of ACRE, a grassroots group of farmers opposed to the Trans Texas Corridor.

January 26, 2009
By Susan Ridgway Garry of ACRE

Dear Friends:

Beginning with Perry’s “vision” of the Trans-Texas Corridor criss-crossing our state’s valuable farming and ranching land with 4,500 miles of quarter-mile swaths of concrete and rail, Gov. 39% has expressed his disdain toward us rural residents and our property.  During a small meeting at the very beginning of the Corridor process, Perry’s TxDOT officials referred to the Corridor as a totally “green fields” project, the kind that the big road contractors like.  Left out of the equation was the fact that the green fields in question already belonged to Texas farmers and ranchers.  This has never bothered Perry, as he introduced the “quick take” process to condemn land for the Corridor and vetoed HB 2006 eminent domain protection.

In a recent interview with Dallas Morning News Transportation Writer Michael A. Lindenberger, it is obvious that Perry still doesn’t get it!  The entire transcript is here

Much of the interview concerns North Texas and the North Texas rail plan, but some of the comments reveal Perry’s general philosophy, if you can call it that.

Perry’s vision is misunderstood by stupid constituents

First, he implies that his constituents are stupid.  About transportation, he says, “This is an issue that too many people don’t understand.”  He claims he wants “a relatively unbiased intellectual discussion about transportation infrastructure…” Try to think “Perry” and “intellectual” at the same time; it’s impossible.

As the people who have been studying and fighting Perry’s plans for the last few years know, more and more Texans do understand the issue and disagree with Perry’s approach.  Also, Perry and his TxDOT have been doing everything they can to quash any discussion about transportation.

Perry says, “I don’t have an entrenched opposition to allowing people at the local level deciding how they are going to build their transportation infrastructure . . . there is no fairy that comes in the night and build these big projects.”
This tells us that Perry’s approach to local level decisions and regionalism is that the decision has already come down from on high that there will be a “big project,” and that he will pretend to listen to what the local people think about it.

To Perry, local people controlling their own destiny means listening to what Perry tells them is going to happen

He repeats that one of his three principles on transportation is “regionalism. . . . The folks at the regional level will decide what the appropriate user fee is to build that infrastructure.”  He says that he supports local people “controlling their own destiny.”

This is just the opposite of what his TxDOT has done all the way through the Corridor project.  Perry and TxDOT have withheld information from local areas and from citizens who have filed open record requests.  They were required to hold certain meetings.  They tried to get through this process without very many people finding out about it and submitting comments.

It was due to local groups along the Corridor routes and their local media that so many citizens knew about hearings, attended, and commented.  True local organizations are the 391 commissions that have been formed by local governments along the routes of the Corridor. Perry and TxDOT have been trying to confuse the public by forming TxDOT groups with similar names but that do not have the actual power that the 391 commissions have.  The last thing that Perry wants is local people controlling their own destiny.

Perry says rural people shouldn’t be penalized to help urban areas, but that is exactly what he intends with the Corridor, even though the Corridor wouldn’t actually be the help that urban areas need.

In regards to the gas tax, Perry says, “Does the guy in Van Horn need to be paying for the roads in Dallas?  No.  But I do have a problem with forcing someone whose transportation needs are being met to pay for somebody’s transportation needs that are not being met.”

Taking a farm in Williamson County for the Corridor IS forcing someone to pay, big time, for somebody else’s transportation needs.

Perry and his TxDOT have tried to take away the choice to drive or not to drive on a toll road. Perry tells Lindenberger, “This is the beauty of (the reliance on toll roads).  My dad says, ‘I ain’t never going to drive on a toll road.’ You know what? He doesn’t have to.  That’s the beauty of what we have created here.  For those who for philosophical or any other reason don’t want to drive on a toll road, they don’t have to.  It’s the beauty of choice.”

With Perry’s non-compete clause in toll road contracts prohibiting building or maintaining roads a certain distance from a toll road, this DOES mean that drivers don’t have a choice.  They have to drive on a toll road, or NO road, or a dangerous crumbling road.  TxDOT’s violation of the legislative intent that free lanes not be converted to toll lanes also takes away choice.  There is no “choice.”  Perry thinks that his constituents are so uninformed that they don’t know this.

A truly chilling account from Perry on the origins of the Trans-Texas Corridor idea

I can’t do better than to just quote Perry:

“An analogy would be, I had laid out in my mind’s eye, and even made it public, that this is the big mansion that I want to build. Here are the house plans for this really magnificent place I want to build for my family and the people I love.

“Well, you start the process and there are a lot of changes that occur, for whatever reason. Your wife didn’t like that bedroom being there, she wanted … way too big a game room and not big enough utility room . . . whatever. All these things that go on in people’s real lives, that’s what went on with this.”

Brilliant! Comparing what the landowners in the path of the Corridor have gone through the last several years to a couple building a house is a stupid analogy!  And if anyone should not be mentioning mansions, it is Perry, since it was on his watch with the decreased security at the Governor’s mansion, that the people’s beautiful historic mansion was almost destroyed.
Perry implies that we owners of farms are stupid

Perry said, “I laid out a very broad-based, 50-year plan—and a lot of times people missed the 50-year part of it, they thought, ‘They are going to build 4,500 miles in 10 years and, oh my God, my farm is gone.’”

So, first, according to Perry, us stupid farm owners misunderstood the 50-year part.  It should be perfectly fine with us if the state and a foreign corporation take the family farm away from our children and grandchildren in 50 years.
Second, it is not necessary for him to take the Lord’s name in vain.

And, thirdly, for those of us who saw our farms fall within the Master Plan from Cintra, the Spanish corporation, it was indeed, “My farm is gone.”

Perry implies that people are not going to be paying attention to this issue anymore without the Trans-Texas Corridor name, and that we don’t remember and don’t care that he tried his hardest to take our land away.

He says, “Is the name still around? Are the same people that were mad two years ago still mad today? I would suggest to you no.”  I would suggest to him not only yes, but heck yes!

Perry denigrates grass-roots volunteer efforts—if we weren’t having an impact, he wouldn’t lower himself to talk about us.

Lindenberger raises two important points related to the impact of grass-roots efforts against Perry and the Corridor.  First, he says to Perry, “It seems clear that something fell apart politically for you in 2006, when you faced strong opposition in your re-election campaign [thus resulting in Gov. 39%], and then in 2007 when lawmakers rebelled at the idea of bringing foreign companies to Texas to build and operate toll roads—for a profit.”

Then, Lindenberger also points out, “Among the most persistent complaints among the grass-roots opposition to the Trans Texas Corridor has been your relentless push for not just toll roads, but for privatization, too. Among the criticism has been the observation that you have received hundreds of thousands of dollars from some of the same companies that went on to win contracts to build some of these roads. Is that a fair criticism?

Perry totally reverses the order of what happened, as pointed out in the question.  The sequence is that Perry received hundreds of thousands of dollars and then the companies won road contracts.

Perry turns the question around and responds, “People contribute to my campaign because they like my philosophy and they like what I implement.”

Then he once more insults some of his constituents, knocking down the straw man of not building any roads at all.  “If the grass-roots toll groups . . . had substantial influence, we wouldn’t be building any roads at all.”  And Perry is so vindictive and petty, he has to make an uncalled-for attack on former Austinite Sal Costello, who worked tirelessly against toll roads and the Corridor on a volunteer basis:  “Sal Costello had to move out of the state, it got to be such a poor way to make a living.”

Sal did not make a living out of it; he put his own money and time into the fight and had a lot of success.  He was the David against the Goliath of Perry and his contributors.  Lindenberger points out in a note:

Costello, founder of a group called Austin Toll Party, is credited with helping stop some taxpayer-funded roads in Austin from being converted to toll roads. His blistering attacks made him a prolific anti-toll road gadfly. He announced earlier this month he had moved to a small town in Illinois and given up what he called his costly “obsession” with campaigning against toll roads.

Attacking volunteers—giving big contracts to big contributors—Is this any way to run the state? If Perry thinks that it is an attractive trait to publicly attack citizens volunteering to make the state a better place and rural residents who are simply trying to save their farms and ranches, he is sadly mistaken.  It is Perry and his big contributors who are “making a living” out of this—a rather large living, when private corporations get in the position, through their influence on the Governor, to wield the power of the government against private citizens.

Planning Commission takes on TxDOT, Trans Texas Corridor in Nacogdoches

TURF Board member Hank Gilbert is the President of the 391 planning commission in the Piney Woods/Nacogdoches region and they’re using local government to challenge the Trans Texas Corridor. Go Hank!

PRESS RELEASE -January 16, 2009

PWSRPC Hosts Meeting with TxDOT, EPA Next

The Piney Woods Sub-Regional Planning Commission (PWSRPC) took another step in the process of maintaining local control of future highway construction during a meeting held with TxDOT representatives last week.  The over-flow capacity crowd of public supporters caused the PWSRPC-TxDOT meeting to be moved to a much larger meeting room in the Nacogdoches County Courthouse Annex.  This did not miss the attention of the three TxDOT officials, two of which were from the Austin Office, and the panel of consultants TxDOT brought with them, as nearly a hundred local citizens turned out to hear the Planning Commission’s President, Hank Gilbert, grill TxDOT as to their plans.
Doug Booher, ‘on the scene’ Environmental Manager stated, “We’re not going to pursue the 4,000 mile network.  We are going to continue to pursue two individual projects; one of them would be the I-35 corridor project and the other one would be the I-69 corridor project.”

When asked the question from the attending audience about a loop that once was planned to go around the West side of Nacogdoches, Booher stated, “I’m sure those plans would be dusted off and looked at again.”  He also stated the name ‘Trans Texas Corridor’ would be ‘phased out’ and mentioned several times that tolling and public/private partnerships (by foreign investors) would still be an option in TxDOT’s transportation plans.
Hank Gilbert also expressed to PWSRPC members that he is concerned about legislation Governor Perry may try to pass that would eliminate SRPC’s, such as the Piney Woods.

“We have people watching out for such legislation and if it is introduced, we will need for the citizens of Texas to call their Representatives and let them know that they want to keep their local SRPC’s,” Gilbert stated.
The strong show of public support for the PWSRPC’s meeting with TxDOT validates the desire of the public for input and information.  The NEXT Piney Woods Sub-Regional Planning Commission meeting will be with the Environmental Protection Agency (EPA) Representatives on Thursday, February 5, at 10:00 a.m. in the Nacogdoches County Annex.  This will also be an open meeting and the public is urged to attend.  As Board Member Larry Shelton has stated, “You are either at the table or you are on the menu.”