Public comment on TxDOT's "Public Involvement Plan" & "Strategic Plan"

Public comments DUE on TxDOT’s “Public Involvement Plan” (Sept 12 by 4 PM, submit via email here) and its “Strategic Plan” (Sept 15 by 5 PM, submit via email here).

TURF Public Comment on TxDOT’s Public Involvement Plan

TURF is a non-profit, grassroots organization with close to 50,000 members. Our mission is to educate and defend citizens’ concerns about toll roads and the Trans Texas Corridor, as well as to promote non-toll transportation solutions.

1. It doesn’t matter if TxDOT properly informs the public of a transportation project that affects them if they summarily dismiss the public comment submitted. What matters is that the TAXPAYERS have veto power over projects they don’t want or to have their concerns taken into account in a meaningful way. TxDOT needs to be required to do the transportation “alternative” that the public prefers and it must be the alternative that is also the most affordable and least invasive. This must be required in order to restore the public’s trust that transportation decisions are being made in the public’s best interest.

On page 5 TxDOT claims they “thoughtfully consider the feedback received during the public involvement process” yet they DO the exact opposite.

2.  TxDOT’s document states on page 3: “All other interested parties are provided notice of the comment period and public hearing via the Texas Register public notice and TxDOT’s website.”

TxDOT’s only notification of its plans is through notice in the Texas Register (which few citizens are even aware of or have time to wade through) or its web site. The Sunset Committee Report notes the non-user friendly problems with TxDOT’s web sites. Finding needed information on TxDOT’s web sites is at times near impossible unless one knows where to look. There must be an announcement made through major news outlets under public service announcements so that a mass audience is made aware of transportation hearings or that public comment is being solicited.

3. Page 5: “Several divisions are instrumental in TxDOT’s efforts to ensure a transparent process that provides the public with comprehensive information on a timely basis to facilitate stakeholder input in key decisions throughout the transportation planning process. TxDOT encourages Coordination, Cooperation, and Communication with the public…”

Transparency is not a part of TxDOT’s standard operating procedure (SOP). The SOP is to obfuscate, mislead, and hide vital financial information in the name of “proprietary information” or “draft” document loophole.  The Trans Texas Corridor TTC-35 development contract had the financial guts withheld from the public for 18 months AFTER a contract was signed and AFTER the Attorney General ordered it be made public.

Toll viability studies, market value studies, and other financial information on toll roads are routinely denied not only to the public (they lobbied to change the law, SB 792 passed in 2007, to allow them this sham protection), but even to Legislators and MPOs who have to vote to approve certain financial terms without even seeing them first! This is an egregious breach of open and transparent government and must be changed. There’s nothing proprietary about projected traffic volumes, projected toll rates, projected diversions rates, financing scenarios, and the projected financial viability of a project. If TxDOT is truly interested in transparency, they’ll release these documents BEFORE a contract is signed and PRIOR TO any vote for approval by MPOs or other decisions makers. Otherwise, the deal is done before the public or its duly elected representatives have an opportunity to weigh in.

4. Page 3 states and SAFETEA-LU requires:
“To the maximum extent practicable, ensure that public meetings are held at convenient and accessible locations and times” and “Demonstrate explicit consideration and response to public input”

The Alamo Regional Mobility Authority held its public meeting in June 2008 on the financial disclosure of its toll rate information in the middle of a workday (1 PM) more than 20 miles from the project area with NO PARKING. In 2007, TxDOT held its final NEPA hearing for US 281 several miles to the southeast of the 281 project area at the Alzafar Shrine Temple in an area almost entirely inaccessible to public transit users, and they refused to allow concerned citizens to have a table out in front with fliers and information stating “”this is a private facility, you can’t have a table out here,” regardless of the fact that it was PUBLIC meeting paid for with PUBLIC money. TxDOT shouldn’t hold meetings at private facilities if that means public involvement and information sharing can be hindered. At a later hearing for the Loop 1604 toll project, TxDOT tried the same tactic but after a County Commissioner and lawyer got involved, they finally relented and allowed the public to hand out information at a public hearing PAID FOR BY THE TAXPAYERS!

In 2006, at another hearing for Hwy 46 in Comal County, Greg Malatek of TxDOT stated that during public comment no one would be allowed to say the word “toll.” When I got up to make my comments, Judy Freisenhahn of TxDOT ripped the microphone from my hand when I said the word the “toll” (a word in the pass through financing contract for the project, but they arbitrarily deemed it “off limits”) in a total violation of my First Amendment rights. Armed police officers then surrounded me, simply for saying the word “toll.” TxDOT staff around the state have routinely forced citizens to face the TxDOT facilitator on the stage and NOT allow any speaker to turn around to address their fellow citizens face to face during public comment. When a citizen in San Antonio pressed the issue, armed police officers surrounded him and he was threatened and intimidated into silence or risked arrest.

At an MPO Meeting on a key vote at the San Antonio MPO, David Casteel of TxDOT directly threatened retribution against the public transit board members for voting against a 281 toll project and both those members were removed from the MPO in retaliation. All of these examples demonstrate a flagrant violation of federal law as it pertains to “public involvement.” Bullying, retaliation, threats, and intimidation are not to be tolerated in a free society. This is the pattern of behavior at TxDOT and it must be changed immediately!

5. On page 6: “TxDOT divisions work closely with state and federal regulatory agencies to ensure that the planning, engineering, environmental, public involvement, and construction processes result in the safe, efficient and effective movement of people and goods throughout the state, while facilitating trade and economic opportunity, and accomplishing TxDOT’s five primary goals: reduce congestion, enhance safety, expand economic opportunity, improve air quality, increase the value of our transportation assets.”

Increasing the value of the public’s highways (that TxDOT calls “assets”) and “expanding economic opportunity” have NOTHING to do with providing transportation. These should NOT be TxDOT’s goals. Their mission changed once public opposition to toll roads and PPPs came on the scene in earnest in 2005. They use these “goals” to justify their toll and Trans Texas Corridor agenda of pushing the most expensive transportation financing option, toll roads. Increasing the cost of transportation through tolling does NOT expand economic opportunity for taxpayers, it hurts the family budget and sucks money away from other household necessities.

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TURF Public Comment on TxDOT’s 2009-2013 Strategic Plan

The Texas Department of Transportation used to have admirable goals that the public could support. Now, however, their primary mission is to “maximize the value” of our public “assets,” which simply used to be called highways. On page 2, it asks, “Are we doing the right thing?” The public’s answer is a resounding “NO!” The public’s highways, bought and paid for by the taxpayers, are not the Department’s to hawk up to the highest bidder on Wall Street in a risky leveraged debt toll road scheme requiring an additional toll tax to use them.

It’s time TxDOT wake-up and smell the warning signs around them. Fitch and Moody’s have warned that toll roads are becoming more risky, not less, and that governments or private operators will have to increase tolls in order to make bond payments to prevent default since toll road usage continues to drop as the price of gas rises. A continued push for massive leveraged debt and ever increasing toll hikes is as foolish in this economic climate as it is a taxpayer rip-off.

We’re in a different era than we were in 2000 when the push for toll roads began. We’re in the midst of a volatile oil market causing high gasoline prices and an increase in the cost of basic necessities like food, as well as a credit crunch and declining dollar causing an overall economic decline. The cost of living is rising faster than wages and people’s ability to keep up. Continued reliance on tolling is a recipe for economic disaster and will likely lead to a “bubble” that will later “bust” and require massive taxpayer bailouts.

More specific concerns with the Plan are outlined below:

1. On page 2 of the proposed plan it states: “The Texas transportation system plays a critical role in the economic and social well-being of all Texans. It provides the basic infrastructure that supports our economy and quality of life.”

TxDOT acknowledges that Texans rely on our transportation system for daily living and it’s the backbone of our economy. Increasing the cost of transportation from 1-2 cents per mile in gas taxes to 20 cents or more per mile in tolls is an expense most Texans can ill afford. A recent Austin Business Journal article stated Texans are hit particularly hard by high gas prices. On average they spend over $2,000 a year in gas. Since the average cost in tolls will be $2,000-$4,000 a year per family (20 mile commute at 20 cents per mile in tolls, roundtrip daily cost = $8, $40/wk, and over $2,000/yr), tolls will, at a minimum, double the average Texan’s cost of gas!

Toll taxes will negatively impact the family budget, and hence decrease the quality of life of Texans as more money gets sucked into transportation leaving them less money for basic necessities for their families. Though toll roads may save time, it costs more money. It’s an empty promise to say toll roads will give Texans more time with their families as they race home on uncongested tollways, since most Texans will have to work longer and harder in order to pay their toll bills or remain stuck in traffic.

2. The Plan also states on page 2: “Travel demand for people and goods is growing…”

This is untrue. In March of 2008, the United States experienced the largest drop in driving (vehicle miles traveled) year over year in recorded history. Federal Highway Administration statistics show a steady decline in driving almost entirely attributable to high fuel costs. So to continue to rely on old travel demand models that assume VMT will continue to rise is fundamentally flawed and ignores reality.

3. Page 4 states: “Economic and population growth negatively affects the performance of our transportation system. As travel demand increases, congestion worsens, air quality suffers, safety concerns grow, and maintenance needs multiply.”
Again, TxDOT falsely assumes mere population growth leads to highway congestion. The Texas State Data Center predicts population growth will be poorer and less educated. An increase in retirees is expected and they generally do not drive during peak congestion nor contribute to peak traffic in urban areas. A less educated populace will tend to lack the personal income to own and maintain a personal vehicle and less likely to be able to afford tolls on a daily basis.

So TxDOT’s entire “Strategic Plan” is flawed since it’s based on flawed assumptions of growth in driving and congestion. TxDOT also fails to take into account that new population growth and any influx of new users on the highway will also pay gas taxes and thus increase revenues. Additionally, TxDOT fails to consider that a reduction in driving also translates into a reduction in the need for road maintenance.

4. TxDOT’s Vision, Mission, and Goals do not reflect the ideals of most Texans.

Vision
We will deliver a 21st century, multimodal transportation system that will improve the quality of life for Texas citizens and increase the competitive position for Texas industry.
Mission
We will provide safe, efficient, and effective means for the movement of people and goods throughout the state, facilitating trade and economic opportunity.
Goals
Our five goals establish the general direction we will take to realize our vision and mission: reduce congestion, enhance safety, expand economic opportunity, improve air quality, increase the value of our transportation assets.
Strategies
We will harness market-based principles to maximize competition, reduce costs, and guide investments. We will facilitate consumer-driven decisions that respond to market forces.

“Increase the competitive position for Texas industry” and “facilitating trade and economic opportunity” are goals for private industry and should NOT be the aim of a taxpayer-funded public agency. This smacks of corporatism and does not protect the public interest.

Increasing the value of the public’s highways (that TxDOT calls “assets”) and “expanding economic opportunity” have NOTHING to do with providing transportation. These should NOT be TxDOT’s goals. Their mission changed once public opposition to toll roads and PPPs came on the scene in earnest in 2005. They use these “goals” to justify their toll and Trans Texas Corridor agenda of pushing the most expensive transportation financing option, toll roads. Increasing the cost of transportation through tolling does NOT expand economic opportunity for taxpayers, it increases the tax burden and hurts the family budget by sucking money away from other household necessities.

TxDOT’s strategy of using “market-based” tolling is diametrically opposed to protecting the public interest and its access to government-sanctioned monopolies, our public highways. It is NOT the government’s role to implement market forces in order to access public “assets.” Private industry utilizes competition and market forces, but highways are monopolies built with public money to serve the public and cannot be viewed as subject to the same market forces as other private sector goods and services.

A recent poll done by Lyceum, a non-partisan public policy institute, shows only 9% of Texans use toll roads regularly and it also shows the majority of Texans do not want an increase in gas taxes or TOLLS and they are also against tolling existing freeways. TxDOT’s “goals” are in direct opposition to the majority of Texans. Its goals must be changed to reflect the will of the taxpayers who pay the bills.

TxDOT’s stated “tactics” do not protect the public interest using controversial methods like debt financing, handing control of our public roadways over to private entities through PPPs, a state infrastructure bank, and public pension funds to finance toll roads.

5. Congestion not going up, but down.

TxDOT sites the travel time index for Texas’ major cities as going up. Yet, a San Antonio Express News article July 29, 2008, using the most recent Transguide data shows the opposite…travel times in both San Antonio and Houston are going down. Peak congestion in San Antonio went from 3 hours a day down to under 2. This is function of higher gas prices and people finding other ways to get to work.

6. Increasing the cost of transportation does NOT help, but HURT the economy.

TxDOT assumes that by merely increasing the number of transportation-related jobs helps the economy when the economic data shows an increase in the cost of transportation (whether gas prices, gas tax, tolls, or other increases) hurts the economy and causes a dramatic rise in the cost of goods and services, including necessities like food.

7. Texans don’t want the Trans Texas Corridor and PPPs, and TxDOT’s claims of protecting the public interest are false.

Page 31 states:
All state highway facilities, including toll roads, will be completely owned by the State of Texas at all times.

• Only new lanes added to an existing highway will be tolled, and there will be no reduction in the number of non-tolled lanes that exist today.

• CDAs will not include “non-compete” clauses that would prohibit improvements to existing roadways.

Effective ownership is transferred when the PPP is for half century. TxDOT is taking away existing non-toll highway lanes and replacing them with frontage or access roads. That’s highway robbery plain and simple. The non-compete clauses may not prohibit expansion, but the state will have to pay the toll operator a penalty for doing so. The punitive financial consequences will in itself prohibit expansion of non-toll options.

Bottom line: Texans don’t’ trust this agency, its assumptions laid out in this plan are flawed, do not protect the public interest, and will hurt the economy, and its goals do not reflect the goals of the majority of Texans. This Strategic Plan is more of the same, not a fresh start as Chairwoman Delisi assured the Sunset Commission on July 15. TxDOT must return to a more affordable, less risky approach to highway funding.

Not the time for toll roads: Dow plunges after warning of 'financial tsunami'

Link to article here.

Dow plunges after warning of ‘financial tsunami’
By Tom Bawden in New York
The Times Online
September 5, 2008

Weary investors in the United States received a further pummelling yesterday as data showed new unemployment claims at a near-five-year high last week, a leading fund manager gave warning that America faced a “financial tsunami” and key retailers released disappointing sales figures.

The mounting nervousness about America’s economy dragged down shares. The Dow Jones industrial average fell 344.60 points, or 3 per cent, to 11,188.20, and the S&P 500 closed down by 38.20 points, or 3.3 per cent, at 1,236.80 points.

The Labour Department reported that the number of Americans claiming unemployment benefits for the first time rose by 15,000 to 444,000 in the week to August 30. The disappointing figures came after companies cut staff in the face of a weakening global economy and contrasted with a consensus forecast that new jobless claims would fall to 420,000.

The data, combined with a call by the manager of the world’s biggest bond fund for the Government to inject more money into the banking system, spooked US investors already jittery about the outlook for the global economy. Bill Gross, co-chief investment officer of Pimco, said that the US was confronted by “systematic debt liquidation”. He added: “Unchecked, it can turn a campfire into a forest fire, a mild asset bear market into a destructive financial tsunami.”

Commentary: Privatizing what the public paid for

Link to article here.

Privatizing What the Public Paid For
Special to the Star-Telegram
By Ed Wallace
September 5, 2008

“Right. It takes unconventional and courageous thinking to come up with a plan that clears a highway lane for the well off, while the middle class and working poor are left to inhale each other’s $5-a-gallon exhaust fumes. The worst thing about this ill-conceived decision … is it allocates freedom of movement according to income.” –From “Diamond Lanes for the Rich,” by Tim Rutten (Los Angeles Times, April 26, 2008)

Few think of it this way, but America already has a major flat tax that we all pay equally: the 18.4-cent federal tax that is applied to each and every gallon of gasoline we purchase, or the 24.4 cents on every gallon of diesel. Say a young person, who just lost his job at McDonald’s, buys a gallon of gas to get to an interview at Burger King at the same time Warren Buffet buys a gallon of gas to get to the airport in Omaha to board his personal jet: Both the unemployed, below-minimum-wage worker and America’s richest billionaire contribute the exact same amount toward the nation’s highway system on that day.

Now, however, we are being told – to an increasingly urgent drumbeat – that America can no longer afford the luxury of building new infrastructure or even maintaining our current road system, because there’s just no funding for these programs. It’s here that the complete absence of critical thinking about America’s future should astonish and dismay anyone who looks at the facts even casually.

Just for the Rich?

In just a few months America has come up with nearly $1 trillion to cover foolish losses on Wall Street and in the nation’s banking system – losses primarily self-caused in the investor-driven buildup to the mortgage crisis over the past three years. But at the same time we’re being told flat out that Social Security is a disaster waiting to happen, because it will be $1 trillion in default somewhere around mid-century. Yes, you read that right: We can save our financial centers today in mere weeks when it looks like they are over $1 trillion upside down, but there’s no way we can find that much money over the next 40 years to secure all working Americans’ retirement.

And on Wall Street, many firms are pleading poverty and demanding federal intervention, claiming to be incapable of rescuing themselves from the disaster they have brought on the nation. But, according to a New York Times article from August 27th on privatizing the nation’s infrastructure, “Kohlberg Kravis Roberts, the Carlyle Group, Goldman Sachs, Morgan Stanley and Credit Suisse are among the investors that have amassed an estimated $250 billion war chest – much of it raised in the last two years [emphasis added] — to finance a tidal wave of infrastructure projects in the United States and overseas.” (The last Federal Highway Bill appropriated $286 billion over a multi-year period, only $36 billion more than Wall Street has escrowed to buy up our infrastructure now.)

Likewise, Washington cries poormouth when asked how much we can spend in our next highway bill to fix and expand our nation’s highway system. Yet in less than one month Washington easily found $168 billon to send out in tax rebate checks to spur the economy – so the second-quarter GDP figures would look stronger.

Yes, America once found it necessary to “kick start” our economy in tough financial times. But back then the sudden infusion of $168 billion was spent on things everyone could use, like new highway projects: The money still had the same impact on the economy, but America gained something of lasting value to show for it. Long after the economic slowdown turned around and became a recovery, we would all benefit from better transportation.

It’s the bitterest irony of all that today elected officials talk about how great our economy has been on Monday, then on Tuesday say America doesn’t have the money to improve our nation’s infrastructure.

Which is it? Are we rich or broke?

Happy Motoring Now Has a Price

What’s even sadder is the fact that Washington is actually paying out taxpayers’ money to take the highways away from everyone who contributed to them; your dollars are being used to carve out separate lanes, so that those who can afford to pay additional tolls every day can drive unfettered by the congestion that traps the rest of us.

In Los Angeles the federal government allotted $213.6 million to convert many of that city’s HOV lanes into toll roads, on which drivers pay variable surcharges based on peak driving periods. Keep in mind that the unemployed of LA who bought gasoline paid the exact same highway taxes toward the construction of those roads as did the wealthiest individuals in Beverly Hills. What that means is that we have all contributed equally to create a system of motoring exclusion. Then again, that’s how flat taxes work. Everybody pays, most are excluded.

Recently it was mentioned that, just like LA’s, Interstate 30’s new HOV lanes could be turned into toll lanes for the well off. As they do in other cases around the nation, advocates of this divisive and unfair move claim that it will cut congestion and save fuel; but a daily casual observation of the road quickly exposes the difference between reality and that PR spin.

For if you really wanted to cut congestion and save fuel, those lanes should be immediately opened to everyone when an accident turns I-30 into a parking lot. That way, thousands upon thousands of motorists could start moving again – saving untold gallons of gas and tons of air pollution – not just the chosen few. Of course, that’s not the plan.

Just Plane Elite-Friendly

It should also be mentioned that a relatively large infrastructure campaign is now going on to improve the nation’s secondary airports. For the most part those airports are serving the ever-growing number of private aircraft; personal jets have become all the rage in the last decade. As David Cay Johnston points out in his excellent book, Free Lunch; How the Wealthiest Americans Enrich Themselves at Government Expense, airport expansions for private jets continue unabated, but it’s the average American taxpayer footing the bill.

Johnston further discusses the $31 million airport expansion for the field that serves the Bandon Dunes Golf Course in Oregon, where 5,000 private jets land each year; that’s up from three or four landings a year as recently as 1999. That airport expansion’s costs are covered by taxes paid by all fliers on commercial airlines and by a hefty chunk of the monies paid by Oregon Lottery gamblers – even though the improved airport mostly benefits executives flying in for a round of golf.

A similar report, put together by the Institute for Policy Studies, shows that private jet ownership has risen from 1,000 in 1970 to 10,000 in 2006; and, while these jets use 16 percent of the nation’s total air traffic services, they pay just 3 percent of the costs. Although this is assuredly on a different plane (pardon the pun) than selling off the nation’s already paid-for highways, the overall concept is the same: The majority of the people pay to build and improve infrastructure that will benefit and convenience only a tiny minority: the ultra-rich.

Private and Public: Don’t Mix

This is the modern politics of exclusion. But privatizing a country’s public infrastructure has already proven to be a bad business model, one that can and will reverse a half-century of smart economic expansion. One has only to look at England to find the truth behind today’s political spin.

Today England’s largest airports “… are in shambles. Terminals and runways are so overcrowded that flights depart late and bags are lost. Faulty plumbing has become a point of pride for many visitors from Africa; the lavatories at the airports back home work better.” And that’s the opinion of the very conservative Economist magazine, which blasted the fact that 21 years ago the Thatcher administration’s sold London’s three largest airports to one private company.

When I returned from London in June, my plane’s passengers were all loaded onto buses and driven to our jumbo jet, which was parked nowhere near the terminal; there aren’t enough passenger gates to handle all of Heathrow’s flights. Of course, private industry’s job is to cut expenses and maximize quarterly profits; but that’s never the priority in intelligent long-term planning for public transportation — whether it is for highways or airports. England privatized its utilities, airports and other government functions in the eighties, and today that nation is paying an enormous cost, with their equivalent of our Treasury Secretary calling its recent economic downturn the worst in 60 years.

Then again, now England is saying that the current private owners should divest of many of their airport holdings to other private ownership groups (and possibly back to government hands), but this will only extend the country’s current problems. It could even make them worse.

It’s true that many things our government does, it does poorly; but there are things that government does exceptionally well. The problem today is that our government wants to sell off what it does best and keep what it demonstrably isn’t very good at.

We’ve paid for all of it; yet now government is asking the majority of us to pay so the smallest minority can enjoy the benefits. Not only is that not a sustainable plan, it’s not even remotely American.

© 2008 Ed Wallace

Ed Wallace is a recipient of the Gerald R. Loeb Award for business journalism, given by the Anderson School of Business at UCLA, and is a member of the American Historical Society. He reviews new cars every Friday morning at 7:15 on Fox Four’s Good Day, contributes articles to BusinessWeek Online and hosts the talk show, Wheels, 8:00 to 1:00 Saturdays on 570 KLIF. E-mail: wheels570@sbcglobal.net

Private industry’s job is to cut expenses and maximize quarterly profits; but that’s never the priority in intelligent planning for public transportation — whether it is for highways or airports.

New top dog for San Antonio TxDOT district

More background info on Medina and former District Engineer Casteel, whom Medina is replacing, here.

Aug. 29, 2008

TxDOT selects new district engineer for San Antonio area

AUSTIN – The Texas Department of Transportation has selected Mario Medina as district engineer for the agency’s San Antonio district.  Medina has served as district engineer in TxDOT’s Laredo district since 2006 and recently has served as interim South Regional Support Service Center Director.

“Mario brings a wealth of knowledge about freight and multi-modal operations to the San Antonio DE position,” said Amadeo Saenz, TxDOT executive director.  “This knowledge will work well in helping San Antonio meet its unique mobility challenges.”

Medina began his 23-year career with TxDOT in the Laredo district where he worked five summers while pursuing his degree. Medina earned his bachelor’s degree in civil engineering from the University of Texas at Austin in 1986.

He took his first full-time position in TxDOT’s Design division. Later, after being promoted to manager of the Consultant Contract Office, Medina went to work for the Transportation Planning and Programming division as multimodal section director, where he was responsible for various multimodal issues including railroad planning, railroad safety inspections, state sponsorship of the Gulf Intercoastal Waterway, pedestrian and bicycle planning and multimodal/intermodal planning projects.

His experience in railroad planning and multimodal/intermodal planning projects proved invaluable to TxDOT’s eight-county Laredo district, of which four counties border Mexico with multiple rail crossings.

Medina’s new appointment is effective September 1.

TxDOT’s San Antonio district plans, designs, builds, operates and maintains the state  transportation system in the following counties: Atascosa, Bandera, Bexar, Comal, Frio, Guadalupe, Kendall, Kerr, McMullen, Medina, Uvalde and Wilson.

– 30 –

Backroom deal with pension funds as prize, means $1.5 billion in road projects move forward

Link to article here.

This was the compromise hatched in a backroom deal with Governor Perry, Texas House Speaker Tom Craddick,and Lt Governor David Dewhurst. Read the letter here. Perry gets access to public pension funds to build toll roads that even the private sector now deems risky, and Legislators get their $1 billion in projects TxDOT previously cut due to an “accounting error.”

TxDOT to borrow another $1.5 billion
By Ben Wear
AMERICAN-STATESMAN STAFF
Saturday, August 30, 2008
The Texas Transportation Commission, taking its cue from state leaders, decided Friday to borrow $1.5 billion that would be paid back with future gas taxes.

That authority, granted on a unanimous vote of the commission in a specially called meeting, will allow the Texas Department of Transportation to issue nearly $4.3 billion in contracts in the budget year that begins Monday. At least $1.1 billion of that would be for maintenance projects. But the remainder, nearly $3 billion, would allow TxDOT to get to several state road expansions that had to be shelved this year.

That 2008 crunch directly affected the Austin area, where local leaders had approved a $1.45 billion plan to build five more toll roads based on a promise of several hundred million dollars from TxDOT. Politicians here, particularly state Sen. Kirk Watson, D-Austin, were incensed when TxDOT reneged on that promise only a few weeks after a tough October 2007 vote on the toll roads.

TxDOT Executive Director Amadeo Saenz could not say with certainty Friday whether the move to issue the $1.5 billion in gas tax bonds will restore much of that financing to Austin.

“It could help Austin,” Saenz said. “We want to make sure we get projects that are ready to go in 2009.”

The Central Texas Regional Mobility Authority will be building the first of those five projects, an expansion of U.S. 290 from Northeast Austin to Manor that would include toll express lanes and improved frontage roads.

However, officials with the authority this week indicated that environmental and engineering work will probably not be ready in time for construction to begin until late 2009. That would be beyond the state’s budget year, which ends Aug. 31, 2009.

Saenz indicated that some of the $1.5 billion would be spent on engineering and right-of-way purchases around the state, readying projects in anticipation of even more borrowing to come. Under state law, TxDOT could borrow an additional $1.4 billion against the gas tax in the 2009-10 budget year. Austin projects could see some of that engineering money or some of the $1.4 billion if TxDOT follows through and takes on that debt as well.

And if the Legislature passes the proper legislation next year, the agency could borrow up to $5 billion more that voters approved under the Proposition 12 constitutional amendment in November. Those bonds would be paid back by general state revenue, not gas taxes.

Friday’s action came in response to a letter a week ago signed by Gov. Rick Perry, Texas House Speaker Tom Craddick and Lt. Gov. David Dewhurst, the state’s three most powerful elected officials. In that letter, the three backed more borrowing against the gas tax and financing the Proposition 12 bonds.

In the past year, TxDOT had resisted borrowing more against the gas tax, arguing that doing so would starve the agency’s bottom line down the road as gas taxes were used to pay back the borrowed money. But in the letter last week, the three leaders supported ending or curtailing significantly the use of gas tax money for state needs other than building transportation projects.

About $1.6 billion in the current two-year state budget went to such “diversions,” the bulk of it to the Texas Department of Public Safety.

If the Legislature were to return much of that money to TxDOT, replacing it with general state revenue from other taxes and fees, then TxDOT could presumably handle the additional gas tax borrowing.

State Audit report reveals TxDOT incompetence behind $1.1 billion error

Link to article here. Link to Express-News blog with more here.

TxDOT error costs S.A. area $71.5 million
By Janet Elliott
Houston Chronicle
08/29/2008

AUSTIN — Poor internal communication and complicated procedures caused a $1.1 billion blunder that forced Texas transportation officials to pull back on construction projects earlier this year, according to an audit released Thursday.

Texas Department of Transportation officials actually discovered the accounting error six months earlier, the report said.

The accounting error occurred when bond proceeds were counted twice when the department developed the fiscal year 2008 contract award schedule. As a result, $4.2 billion in planned projects was reduced to $3.1 billion.

This resulted in a reduction of $71.5 million worth of construction and maintenance in the San Antonio region and a $161 million deduction in the Houston area. Auditors faulted department officials for failing to immediately communicate the error to the Texas Transportation Commission, lawmakers and the public.

“Although the department asserts it briefed all commission members individually, no briefing documents, specific dates or calendars were provided to auditors to verify these briefings,” the report said.

Auditors recommended that TxDOT develop a formal process for reviewing money available for projects, keep commission members informed in open meetings, post updates on the agency’s Web site and alert legislators when funding in their areas change.

The department said it was already making changes suggested in the report.

“I am committed to increasing the department’s transparency, and the recommendations identified in this audit put us another step closer to realizing that goal,” said Amadeo Saenz, TxDOT executive director, in a statement on the agency’s Web site.

The report comes amid a backdrop of legislative distrust about the department’s financial projections as TxDOT turns to privately financed toll roads to meet future transportation needs.

The department has projected a $3.6 billion shortfall by 2015 and said that increased maintenance needs will leave little for new construction.

Lt. Gov. David Dewhurst, who along with House Speaker Tom Craddick asked for the audit, said in a written statement that the report confirms his arguments that the agency needs to be more transparent and make wiser use of its resources.

“The people of Texas deserve a world-class transportation system,” Dewhurst said. “I’m hopeful this report, along with recommendations made by the Sunset Commission, will provide the Legislature with a good roadmap for making immediate and long-term improvements to our transportation system.”

A legislator who has been critical of TxDOT welcomed the details contained in the audit.

“However, I must admit I am dismayed to learn that there were persons in the department who became aware of this error as early as September 2007, and yet it was not brought to the Legislature’s attention until early this year,” said Rep. Ruth Jones McClendon, D-San Antonio, in a written comment.

McClendon sits on the Sunset Advisory Commission, which is conducting a periodic review of the department’s operations. A staff report recommended replacing the five-member commission with a single commissioner.

Other proposed changes include increasing legislative oversight through a new House-Senate committee; making TxDOT’s transportation planning and project development more open and easily understood; enhancing chances for public involvement; and improving TxDOT’s contract management.

Financial details on 281 toll road get released

Link to article here.

This traffic and revenue study conducted by the Alamo Regional Mobility Authority (ARMA, the tolling authority), was withheld from the public, MPO Board members and legislators until our lawsuit to stop the 281 toll road. Now this information is being made public because a Judge ordered it. This same study was also criticized by the State Auditor for not including high gas prices in its analysis of the financial viability of the project.

The Auditor asked the study to be re-done. So Brechtel’s comments below are pure spin. The ARMA knew it needed this information since 2006 when citizens and previous toll studies warned gas prices at $3 a gallon threaten the financial sustainability of toll roads, and yet it conducted a study without analyzing it. For them to now act as if they called for a new study including gas price analysis on their own is a farce.

U.S. 281 tollway is seen as a road to $2.1 billion
By Patrick Driscoll
Express-News
08/29/2008
At 17 cents a mile, and rising steadily each year, the tolls for driving on U.S. 281 will add up fast.

Motorists could pay $2.1 billion over 37 years to use the 8-mile stretch of tolled express lanes expected to open by 2012, according to a recent traffic and revenue report needed to sell bonds for the project.

That averages almost $57 million a year, an eighth of the $472 million needed upfront to design, buy land and rebuild U.S. 281 into a tollway with non-toll frontage roads.

Bottom line, according to Moody’s Investors Service, the project is a sound investment for bond buyers, Alamo Regional Mobility Authority Director Terry Brechtel said.

“It’s conservative,” she said. “So we feel good about it.”

The money would trickle in at first, with toll lanes fetching just $8 million the first year, says the report by consultant URS. But as waves of people and jobs migrate north of Loop 1604 and traffic increasingly chokes area roads, drivers will warm to the idea of paying to double their speeds, analysts predict.

Toll traffic could swell five times over by 2048, when about $1.3 billion in bonds, loans and interest would be paid off. Also, the 17-cent-per-mile fee should rise to about 48 cents by then, while trucks would be paying almost triple the rate.

By the time today’s teens get around to eyeing retirement four decades from now, the U.S. 281 tollway might be on track to rake in $120 million a year.

Startup and debt costs aren’t the only outlays needed.

Expenses to collect tolls and pay staff would eat 18 percent, or $427 million, of revenues, a recent HNTB Corp. engineering report says. Maintenance would add another $170 million.

The biggest risks to money flows would be a major slowdown in population growth, which feeds traffic congestion, or political backlash that reigns in annual toll-rate increases, the URS report says.

If San Antonio’s population and job growth falls 14 percent below forecasts — which, to be safe, URS set lower than 1990s trends — the toll road could lose more than a fourth of earnings. A recession stopping growth along the corridor for five years could slice revenues more than a tenth.

Robust growth and perpetually escalating toll rates are much of what activists fear.

A pending federal lawsuit challenges a state environmental study for not seriously considering how the toll road would spur growth over recharge areas of the Edwards Aquifer or financially harm residents.

Yet, the URS report confirms that healthy traffic and revenues rely on such growth, said Bill Bunch of Save Our Springs Alliance, which is representing two area groups.

“If you are projecting decades of substantial traffic growth along U.S. 281 and then taking on debt based on those projections, then you are basically betting in favor of polluting the aquifer and paving the Hill Country,” he said.

Another looming concern involves record-high gas prices, which the URS report doesn’t specifically address.

Most experts agree that global oil production is peaking now or will in a few decades, and that the age of cheap energy is over. But how adjustments play out with alternatives, including public transit and fuel-efficient cars, is less certain.

After seeing the URS report, Brechtel requested a close look at gas-price impacts.

“I said, ‘Thank you very much, I want a specific gas-price analysis,’” she said.

With high gas prices pushing Americans to drive less this year, most U.S. toll roads lost 2 percent to 10 percent of traffic, Fitch Ratings said in a report last week. Texas losses are under 5 percent.

The trouble could last one or two years, Fitch said. If pressures continue, and policymakers start funneling more money to transit and more people begin shunning suburbs to live in urban cores, toll roads will face even bigger problems.

“The question is whether the current trend will continue for a longer period,” the report states.

Mexico plans HUGE Baja port for U.S. trade

Link to article here.

For anyone who still thinks there’s no merit to the North American Union and the deep economic integration of the U.S., Mexico, and Canada through trade agreements like NAFTA, here’s your proof. This massive influx of Chinese goods is the “congestion” the USDOT and TxDOT are trying to solve with the Trans Texas Corridor, foreign-controlled toll road.

Mexico plans HUGE Baja port for U.S. trade
By Marla Dickerson, Los Angeles Times Staff Writer
August 28, 2008

MEXICO CITY — Mexico’s government is setting sail with the largest infrastructure project in the nation’s history, a $4-billion seaport that it hopes will one day rival those of Los Angeles and Long Beach.

President Felipe Calderon is scheduled to travel to northern Baja California today to open bidding on a development that his administration hopes will catapult Mexico into a major player in North American logistics.

Plans call for the construction of a massive port in the tiny coastal village of Punta Colonet, about 150 miles south of Tijuana, along with new rail lines to whisk Asian-made goods north to the United States. Mexico’s aim is to snatch some Pacific cargo traffic from Southern California’s ports, whose growth is constrained by urban development and environmental concerns.Punta Colonet is expected to have a capacity of 2 million shipping containers annually when it opens in 2014, Mexico’s transportation secretariat told The Times But officials envision it ultimately handling five times that amount. Last year, the ports of L.A. and Long Beach handled 15.7 million containers combined.

The massive development is to be privately funded, with the first phase estimated to cost $4 billion to $5 billion. The government is expected to award the 45-year concession in 2009.

A number of major players are expected to vie for the project, including Mexican billionaire Carlos Slim Helu, the world’s second-richest man. Slim’s infrastructure company, known as Ideal, has teamed with Mexican mining and railroad giant Grupo Mexico and New Jersey-based terminal operator Ports America Group to make a run at the deal.

“We’ve spent a lot of years working on this,” said Miguel Favela, head of Mexican operations for Ports America. “It’s going to make Mexico . . . much more competitive.”

About 30 million shipping containers crossed the Pacific Ocean last year, a flow that increased about 10% annually in the last decade. A weak U.S. economy has slowed the trade, but experts predict it will rebound.

With shippers increasingly worried about congestion at L.A.-Long Beach, Punta Colonet has emerged as an attractive alternative. It’s close to the United States. It possesses a wide, natural harbor. And it’s in a lightly populated area offering room for expansion.

When Calderon visits the dusty hamlet of about 2,500 people today, he is expected to talk about the big changes in store. The village will need extensive upgrades to its roads, housing, electrical grid and water supply. State and local officials are planning for a city of about 200,000 to spring up around the port.

The changes envisioned are alarming environmentalists, who worry about the potential destruction of the area’s plants and wildlife. But the farmers who scratch out a living there are thrilled at the prospect.

“What we need is employment for our kids,” said Jesus Lara, representative of several peasant landowner groups that are eager to sell. “Everyone is excited. Having the president come to your town is like winning the Lotto.”

But whether Punta Colonet turns out to be lucrative for Mexico won’t be known for years. Competitors up and down the Pacific coast are in the midst of major upgrades. Panama has begun a $5.3-billion expansion of its landmark canal. Canada’s Prince Rupert port in British Columbia began speeding containers to the American heartland by rail last year and is planning a major expansion.

Little of the cargo bound for Punta Colonet will stay in Mexico, making the port vulnerable to the whims of shippers, who can choose other routes to the U.S.

“Nothing is guaranteed,” said Asaf Ashar, research professor with the National Ports and Waterways Institute in Washington. “It’s a big risk.”

Building a seaport from scratch would be difficult enough. But the overland transportation piece is likely to make or break Punta Colonet. The deal is being structured as a joint port-and-rail project, requiring terminal operators, railroads and construction companies to team up in consortia to win the bid. The railroad’s ultimate route and U.S. crossing points will depend on which railway operator is chosen and how it manages to link up with existing rail networks on both sides of the border.

Union Pacific Corp. of Omaha and Fort Worth-based BNSF Railway Co. control the U.S. side of the tracks at most of the key U.S.-Mexico border crossings. Striking a deal with one of those companies to get the cargo to the American side will be crucial, said Paul Bingham, managing director of the global trade and transportation practice for Global Insight, a Massachusetts-based consulting firm.

“They have the ability to essentially choke off that port,” Bingham said.

BNSF spokesman Patrick Hiatte said Wednesday that the company was “very interested” in the Punta Colonet project. He declined to say with whom the firm might collaborate to make a bid.

Union Pacific could not be reached for comment. The company earlier had teamed with Hong Kong-based Hutchison Port Holdings to make a run at the project, but that alliance dissolved last year.

Roads paved with debt

Link to article here.

Roads to hell paved with debt
By Ian Verrender
Sydney Morning Herald
August 28, 2008

There will come a time in the not-too-distant future when ordinary people will look back on this era, shake their heads in wonder and ask: how on earth did anyone ever think toll roads were sexy?

From the tulip bubble in Holland in the 1630s through to the dotcom boom of the late 1990s, otherwise rational minds have discarded logic and joined the frenzied mob in whatever investment fad promises fabulous wealth.

Without fail, they always end in tears. And so it is with the infrastructure boom.

Yesterday, Macquarie Group found itself under concerted attack from hedge funds as its shares fell 10 per cent to $41.61.

That’s wiped out all the gains from the bull market and left senior executives floundering in a sea of confusion about how to stop the rout.

In part, the renewed attack on the Silver Donut is in part the fault of Babcock & Brown, the deeply-flawed and heavily-indebted infrastructure group.

When B&B’s bankers effectively seized control in a bloodless coup last week – sidelining Phil Green and Jim Babcock while they figure out how to retrieve their $50 billion in loans – the attention inevitably swung towards the last bastion of financial engineering.

Macquarie is not a Babcock & Brown. It has a huge global banking operation that will ensure its survival. But its growth strategy of the past decade has been built on buying infrastructure, loading it up with debt, selling it off to investors in tax-effective listed trusts and then “managing” the assets – with fees extracted every step of the way.

Even dividends and distributions were paid with debt rather than earnings.

With the business model now

dead, Macquarie’s future growth has evaporated. And every group that imitated the Macquarie model, such as the listed property trusts, is now in trouble.

Macquarie’s early response was to start buying units in its deeply-discounted satellites, spending as much as $500 million alone on Macquarie Infrastructure Group.

Lately, the plan has morphed into a strategy to delist the satellites from the sharemarket and resell them into unlisted funds. But events appear to be overtaking the plan.

There are now serious doubts about whether it has the cash reserves to privatise the assets. A stockbroking analyst from UBS concluded yesterday Macquarie Group had between just $150 million and $500 million in excess capital – well below the $3 billion claimed by Macquarie.

That started the hounds barking and was enough to concentrate the minds of hedge funds.

Another to run into a roadblock yesterday was Transurban, which started life as the successful developer and owner of Melbourne’s CityLink toll road.

It is a fairly simple model that goes something like this: cars drive on a road; they pay a toll.

The operator pays the government a concession for the right to build and operate the road for anywhere between 25 and 100 years. That invariably requires large borrowings that ensure losses in the early days. But as time goes on and the loan is paid down, the company becomes increasingly profitable.

Transurban did well out of CityLink. But as toll road mania swept the land, and then the globe, Transurban’s boss Kim Edwards scouted around for expansion opportunities. First he took Sydney – with a takeover of Hills Motorways M2 and a half share in the Macquarie-controlled Westlink M7. Then he bought a major slice of the M1, M4 and M5 from Macquarie. And then it was off to show the Americans a thing or two.

Each deal meant more debt to buy assets in an inflated market. And to keep the punters happy, Edwards pumped up the dividends with – a little more debt.

Transurban’s newly-appointed Chris Lynch, the former BHP executive, has inherited this mess and taken swift action. He’s raised extra equity and, luckily, has a strong backer in the Canada Pension Plan. He’s also slashed the dividend which left investors with a bitter taste.

Lynch, a no-nonsense former AFL player from Broken Hill, says he wants to transform Transurban back into a “fair dinkum” company. He’s going to have to.

So are numerous others who bloated themselves on cheap debt and now are stuck with overpriced assets no one wants.

Macquarie's toll road finance model crashes

Link to article here.

Macquarie along with its partner, Cintra, bought the rights to the Indiana Toll Road and Chicago Skyway. Macquarie has been a bidder on several Texas toll road projects. A Macquarie subsidiary also bought dozens of Texas newspapers in the path of the Trans Texas Corridor. A Wall Street analyst who sounded the alarm on Enron, Jim Chanos, also warned about Macquarie’s business model, which is to pay shareholders from debt, not actual earnings.

Doubts over Macquarie’s model
MARTIN COLLINS: John Durie
August 28, 2008
The Australian Business

A RELATIVELY benign analyst downgrading was the initial impetus to yesterday’s 10 per cent plunge in Macquarie’s stock price, but the sustainability of the model is the issue.
UBS, which happens to be one of the biggest traders in the stock, issued a downgrade yesterday, accompanied by a 2 per cent cut in its 2009 year earnings estimates and a 10 per cent cut in its 2010 estimates.

Two other firms, Goldman and Citigroup, already have the stock on hold and the report in itself was not exactly revolutionary.

UBS talked about potential asset write-downs on Macquarie’s $7.1 billion equity investments and the 12 per cent of revenue it generated from shifting assets from fund to fund last year.

It also figured that surplus capital was closer to $500 million than the $3 billion claimed by Macquarie in May’s annual results release.

The bank, for its part, notes that just 20 per cent of its earnings are derived from its listed funds and this includes advisory fees and the like and that, unlike a Babcock or an Allco, it is actually a regulated bank.

So what makes the stock fall so hard on the back of an analyst’s report that states the bleeding obvious?

The answer is: market sentiment and the growing doubts that Macquarie can continue with its program of shifting funds from its listed funds to its unlisted funds at director valuations, which don’t look anything like market valuations.

For 18 months or more, Macquarie has said there is patient capital aplenty (sic) for the type of quality infrastructure stocks it owns.

But over the last 18 months, valuations have come down and at some point investors in these funds will be asking why they should pay $x for an asset, which is valued in the market at $y, just because Macquarie said it was worth $x.

Then there is the issue of distributions, which Chris “Che Guevara” Lynch at Transurban put to rest a month or two back, when he said the toll road company would only pay dividends out of earnings. The folk at Macquarie Communications played this line earlier in the week, noting cash earnings totalled $325.3 million and distributions were $238.7 million, so they were covered 137 per cent by cash earnings.

Fair enough, but the problem is that calculating cash earnings seems clouded by a few one-offs.

There was a figure of $119.5 million in what was called non-current deferred revenues that was included, even though that description suggests the bank can’t actually get its hands on the cash right now.

Then there were charges for depreciation, amortisation and other items totalling some $54 million, when a separate entry in the accounts noted depreciation and amortisation was more like $330 million.

There will be an explanation for this, but the point is, the distribution cover may not be what it seems.

Macquarie Communications, like MAp before it, has started shifting assets out of listed funds into unlisted funds. No problem here so long as the unlisted fund investors are happy with the valuations used. As happy as they might be with Macquarie valuations, in this market they will at the very least be starting to ask more questions.

That’s the issue which seems to dog Macquarie now: its earnings sustainability.

The market value of four vehicles, the head stock, Macquarie Communications, MAp and MIG, have fallen by $22.2 billion from the highs in October last year to a combined value yesterday of $23.5 billion.

The bank itself is sticking to its statements in May which is just as well because the evidence from the US says those who hit the panic button first have proved the smartest.

When Bear Stearns put itself up for sale at $10 a share earlier this year, some claimed it had sold too cheaply. Debt investors got their money back and no-one is attacking the $10 a share valuation.

Likewise at $US25 a share when Citigroup raised $US12.5 billion, the smarties said it was an undue dilution of equity. This week Citi is trading around the $US17.60 mark and survival looks better than even bigger dilution.

The point is, the first mover’s advantage doesn’t mean its all over for those wanting to shore up their books.

Macquarie’s future doesn’t rest on a couple of days’ share-market trading, but with Allco and Babcock now effectively gone, it was natural that all eyes would look critically on Macquarie.

Strong should go

IAG chair James Strong is up for re-election at this year’s annual meeting and he is telling anyone who would listen that he wants to stand again but will step down some time in his next term.

One could politely suggest that, as with ANZ’s Charlie Goode, Mr Strong would be better off leaving, now that he has the company in safe hands.

Mr Specialty Focused himself, Mike Wilkins is an extremely safe pair of hands as chief and in contrast to the aforementioned Mr Goode, Strong has recruited well to have a board with talent to spare to replace him.

Former AMP and Aviva executive Phillip Twyman would seem just one person capable of filling Strong’s shoes.

As noted yesterday, John Morschel is ready, willing and able to takeover at ANZ when Goode leaves, so it also makes little sense for him to hang around any longer.

This concept of one more election smacks of inviting disaster and should be dealt accordingly if either of them above try it on.

Smarts and duds

THIS reporting season has presented many challenges for investors despite what on the surface looks to have been a relatively benign set of numbers.

Tax rates have fallen from a long-term average for industrial companies of 28.5 per cent to 26.5 per cent, which may not be sustainable against a legislated tax rate of 30 per cent.

On Macquarie numbers, interest costs in the June half increased over 30 per cent, in part because the smart companies bought debt raisings forward to get the money while they could and obviously on higher interest rates.

On Goldman numbers, earnings before interest and tax margins fell from 14.7 to 14.1 per cent and are obviously heading south.

Westfield reported a 35 per cent fall in headline profits, but this was due to a write-down in property values. In operating terms, Frank Lowy posted an impressive 14 per cent gain.

Lowy presents a good case in point because the market seems happy to allow him to pay out more in distributions than he actually earns, in part because his track record means they trust him.

Last year’s $3 billion equity raising was obviously superbly timed before the credit crunch hit.

But the trick is to increase income enough to maintain its development programs, but that is outside Lowy’s hands to some extent given the varying states of global economies.

Then there is the attempt to join his friends at Simon Property to convince Liberty’s Donald Gordon to either let them buy some assets or his company.

That play for the likes of London’s Covent Garden and part of Earls Court would seem to be a long-term game which perversely would be helped if the global economy got worse rather than better.