Controversial corridor faces new hurdle

Controversial corridor faces new hurdle

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Texas Legislature considers transportation funding options as TxDOT privatizes projects

Trans-Texas Corridor is a small term that encompasses a large number of projects. It is not merely a single road but an amendment to the Texas Transportation Code that has introduced an unprecedented system for highway funding. Now two bills, one currently in the House and one in the Senate, are questioning whether the TTC’s bold ideas are helping or hurting Texas drivers.

By definition

The Trans-Texas Corridor is not a road, or even a network of roads, but simply legislation. In 2003, Gov. Rick Perry signed House Bill 3588, responsible for the Trans-Texas Corridor, into law, providing for private funding of public roads, large-scale tolling and the eminent domain of land.

One of the TTC’s main proponents, and an author of the bill, is Rep. Mike Krusee of Williamson County. Krusee, chairman of the House Committee on Transportation, said he wrote the bill broadly to give local government many tools to address congestion.

“The 20th-century model for transportation growth will not suffice for the 21st century,” Krusee said in his 2003 statement of purpose for the bill. “Motor fuel taxes are declining per mile traveled on the state’s highways, and as a result the construction of new highways cannot keep pace with demand.”

Project funding

The verdict is still out on whether it is an inspired solution or the source of more problems.

In the past, highway construction was funded through a rise in the state gas tax, but the gas tax has not increased in 16 years, while the number of people on Texas roads has grown by over 5.5 million in that time.

“The National Highway Trust Fund is scheduled to be insolvent in 2009,” Krusee said. “The state has invited the private sector to be its partner because the state lacks the revenues to address new growth on its own. The state needs private sector funds because the legislature has refused to dedicate adequate public funds.”

The Texas Department of Transportation signed a $3.5 million planning agreement with Spanish engineering and construction firm Cintra-Zachry in 2005. Although this is only an agreement for planning, in exchange for Cintra-Zachry’s $6 billion investment in a four-lane, 316-mile road between Dallas and San Antonio and another $1.2 billion for rights to that road, Cintra-Zachry would reap the toll concession for the next 50 years, according to the document’s language.

In addition to the use of tolls to fund new roads, TTC also allows existing roads to be tolled. It is this use of pre-existing roads, built using gas tax, to suddenly raise toll revenue that has caused some to lash out, calling it a “double tax.”

Already TxDOT has proposed managed, tolled lanes along MoPac. At an April 12 meeting, TxDOT explained how the managed lanes would work similar to High Occupancy Vehicle lanes, but people would pay to use these faster, less crowded lanes based on the amount of traffic at the time. The tolls collected here would be aimed more at easing congestion rather than raising revenue. These managed lanes are also being considered along IH 35 and US 183, according to the Capital Area Metropolitan Planning Organization’s 2030 plan.

Bills fight the TTC

When the TTC passed the House and the Senate in 2003, it did so with a vote of 146 to 0 and 31 to 0, respectively. Four years later, bills limiting the powers of the TTC have passed both the House and Senate with votes of 137 to 2 and 30 to 0.

This new legislation, House Bills 1892 and 2772, and Senate Bill 1267, put a two-year moratorium to new toll roads, allows individual cities more control over how TTC affects them and gives more consideration to privatization.

Some attribute the political dynamics of the 78th Legislature in 2003 as the reason the TTC legislation was passed.

“If you remember, the hot topic was redistricting,” said David Stall, former city manager of Columbus, Texas and head of the transportation watchdog group Corridor Watch. “We had legislators off in Oklahoma, and that pushed other legislation to move quickly and with not even a normal amount of review. It was a large bill, well over 300 pages, and it passed in a few hours with little debate.”

Even after passing, the bills must be signed by Gov. Perry, a supporter of the TTC. However, a two-thirds majority in the House and Senate could override his veto, and current support for the bills indicates this could be possible.

“I’m thankful that we finished SH 130, SH 45, SH 183A and the MoPac extension when we did because the moratoriums would have had a devastating impact on Williamson County,” said Krusee, one of the two who voted against HB 1892. “It is wrong for the Legislature to take away their only tool for desperately needed new capacity while refusing to generate any new revenue for roads.”

Other possibilities

Regardless of whether the reigns are put on the TTC, Texas is still left in a transportation bind. If money isn’t coming from tolls, then it must come from somewhere, so one place legislators are looking is the gas tax.

Krusee has filed a bill, House Bill 9962, to allow the gas tax to rise with the inflation rate, and in the Senate, another bill would similarly raise the gas tax by the need for transportation funds. Texas’ gas tax ranks in the middle for state gas taxes at 20 cents, with New York the highest at 33 cents and Alaska the lowest at 8 cents.

“It’s unrealistic to lock in a revenue in 1991 and not have it grow,” Stall said. “How many people could pay their rent today if their income got locked in 1991? In the pursuit of ‘no new taxes,’ the legislators have created a shadow tax in tolling.”

Trans-Texas Corridor

The TTC concept includes a statewide network of routes with TTC 35 and I-69 as two of the specific projects. As envisioned, each route will include:

  • separate lanes for passenger vehicles and large trucks
  • freight railways
  • high-speed commuter railways
  • infrastructure for utilities including water lines, oil and gas pipelines, and transmission lines for electricity and broadband and other telecommunication.

Plans call for the TTC to be completed in phases during the next 50 years, with routes prioritized according to Texas’ transportation needs. TxDOT will oversee planning, construction and ongoing maintenance, although private vendors will be responsible for much of the daily operations.

TTC Timeline

  • 2003
    • The Texas Senate, House and Gov. Rick Perry approve House Bill 3588, The Trans-Texas Corridor.
    • Work begins on the Central Texas Turnpike, which includes Toll 130, Toll 45 and the extension of MoPac. These projects are funded by bonds, federal funding and through the private investment of Lone Star Infrastructure.
  • 2005
    • Work begins on 183A Toll. It is the Central Texas Regional Mobilty Authority’s first project and is partly funded by private investment.
    • TxDOT signs a $3.5 million contract with Spanish company Cintra-Zachry for planning and rights to concessions on TTC 35.
  • 2007
    • Legislation is introduced both in the Texas Senate and the House modifying the power of the Trans-Texas Corridor.

Source: www.keeptexasmoving.org

Map of Proposed Trans-Texas Corridor locationI-69

  • This massive project encompasses eight states and covers 1,600 miles from Shreveport or Texarkana to Mexico. The route has not been finalized.
  • Planners have divided I - 69 into 15 stand-alone sections that could serve a transit function even if the other sections were not built or connected.

TTC 35

  • The corridor for TTC 35 generally parallels IH 35 and is approximately 600 miles long, extending from north of Dallas to Mexico.
  • No construction contracts have been signed, but in March 2005 TxDOT did sign a contract with Spanish company Cintra-Zachry for a comprehensive development agreement. This contract only authorizes a $3.5 million planning effort.
  • In September, the Master Development Plan was unveiled, which shows the phasing and implementation, seen here. TxDOT is now awaiting the results of an environmental study to refine the master plan. This study should come out this summer. Ultimately, the Federal Highway Administration will have the final say on TTC 35.
  • The master plan anticipates construction beginning by 2011.

Understanding HB 3588

  • Beyond simply a road project, the TTC is broad and also encompasses rail, roads and facilities.
  • Since Spring 2004, TXDOT has held 171 public meetings to take input on the route of the TTC 35, with the last meeting held in Summer 2006 with more than 6,000 comments submitted. You can submit your comments or questions here, www.keeptexasmoving.org/comments_questions/.
  • When tolling started along Toll 45 in January many were surprised to find that emergency and police vehicles were not exempt from paying unless they were in the act of responding to an incident.
  • Some landowners have expressed worry that this language allows land adjacent to the corridor to be bought through eminent domain and then resold to developers for private enterprise. TxDOT has said they cannot acquire this property unless it directly benefits transportation projects.
  • Not only does the TTC allow for creation of new toll roads, but the tolling of pre-existing roads, such the the addition of tolled, managed lanes along Capital of Texas Highway. Some have called this double taxing as state roads have already been paid for through the gas tax.

Contact your representative

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