Transportation

An editorial at the Milwaukee Wisconsin Journal Sentinel recommends 3 ways to increase trasnportation funding:

• cut back on some projects
• raise the gas tax and registration fees in the short-term
• develop a method of charging for vehicle miles traveled or toll roads (which would require federal approval) in the long term.

Milwaukee Wisconsin Journal Sentinel

“Officials at the Texas port are rethinking how they use their land amid a flurry of construction by energy companies and soaring volumes of oil and petroleum products moving through the port, Executive Director John LaRue said in an interview with WSJ Logistics Report. A 40% plunge in the price of crude in the last year hasn’t dented traffic, he said.”   

The details:

• 560,000 barrels of oil leave the port each day (up from 300,000 barrels a year in 2011)
• Ships head mostly for U.S. and Canadian refineries
• $30 billion in construction projects underway 

Texas Oil Boom Fuels Corpus Christi Port Growth | WallStreet Journal

Vic Suhm, the executive director of the Tarrant Regional Transportation Coalition, believes in his heart of hearts that Texas “still needs to figure out a long term funding mechanism that is less dependent on gas tax.” 

“That’s clearly something that I think will not go away,” he says. “That’ll be here next session, too.”

WBAP 820AM

 IH-635 East Legislative Caucus formed to continue development of the highway, running from U.S. 75 to I-30.

The caucus members:

• Sen. Bob Hall, R-Edgewood
• Sen. Don Huffines, R-Dallas
• Sen. Van Taylor, R-Plano
• Rep. Cindy Burkett, R-Sunnyvale
• Rep. Angie Chen Button, R-Garland
• Rep. Linda Koop, R-Dallas
• Rep. Kenneth Sheets, R-Dallas
• Rep. Jason Villalba, R-Dallas

Park Cities People

Alexandria Virginia’s long time mayor was unseated by the only city official, Vice Mayor Allison Silberberg (D), to respond to an outdry after a Halloween hit and run left a 7 year old hospitalized.

The city official worked to get speed bumps installed on the busy street, and checked in with the family of the vicitim.

Speed bumps and the personal touch won her the election to defeat a long standing incumbent, a former mayor, and a third candidate.

Washington Post

““Not only are we dedicating more money to building roads, we’re also ending diversions and as a result, providing greater transparency,” said Governor Abbott. “This legislation will have a tremendous and positive impact on the lives of people across the State of Texas.”

Office of the Governor

Overall pretty good not shabby by the agency that once misplaced $1billion. The State Auditor Office raised these issues with TXDOT construction contracts:

• better document retention
• contracts should have a provision to allow for TXDOT audits and SAO audits

Most of this will be handled by SB 20, which has provisions for docuemnt retention and audits. 

SAO 15-33

Republicans and Democrats joining forces raising questions over whether in the sharing economy that ride share calls home, are drivers indpendent contracts or are they employees who aren’t receiving the benefit of employment?

Liberal Sen. Elizabeth Warren (D-Mass.) to a Republican member of the National Labor Relations Board are leaning toward the latter- that the drivers are employees and that companies are avoiding paying benefits.  

Rest assured, Liberals and Republicans rational is rooted in different places. The liberals are primarily concerned about the worker and the republicans are concerned about how the economy adapts. 

It’s an issue being litigated in court, but some think the NLRB may act first. The FTC is hosting a sharing economy symposium in July. The Hill 

Viriginia is rethinking whether it saves money with public private partnerships. Spefically, when the P3 investments involve infrastructure like transportation. The state is considering design-build and bond financing to save state revenue on future transportation projects.

The change of heart from the state that has been actively using P3s for 20 years, is controversy. The details:

” The most significant controversy involved a proposed 55-mile toll road linking the Norfolk area to Interstate 95, a major commercial corridor along the East Coast.The project started as a P3 but morphed into a more conventional contract, albeit one shrouded in the type of secrecy that had been afforded to those public-private deals.”  

Governing

How the Republican Caucus is talking about transporation funding from the 2015 Legislature:

“SJR 5 is a bipartisan resolution that transfer up to $2.5 billion annually of general sales tax revenue to the State Highway Fund, beginning in 2018. Given conservative estimates, this measure could increase transportation funding by $3 billion annually beginning in 2020.

“SJR 5 would allocate more funding for much-needed transportation projects without raising taxes or fees,” said Simmons. “By capturing existing revenue, we can enhance our state’s transportation infrastructure without placing additional burdens on taxpayers.”

The proposed constitutional amendment also includes measures that allow for flexibility to the transfer should there be a downturn in the economy and collections. If collections for a fiscal year are below $28 billion, then no money will be transferred from the general sales tax collections to the State Highway Fund.”  Rep. Ron Simmons

Arlington elected a new mayor in May. According to Empower Texas, the new mayor succeeded based on opposition to red light cameras.

The Legislature cannot seal the deal on red light camera opposition, but the voting public of Arlington can.

Empower Texas 

Uptown District and Metro have developed a plan to use the center lane of Post Oak Blvd in Houston as a dedicated bus lane. 

It is said the proposal will reduce congestion, as more Houstonians opt for park and ride. Uptown Houston PAC has gathered signatures from 1,000 businesses and property owners in opposition to the proposal. 

Transportation Controversy is nothing new to Houston. Empower Texas points instead to the Uptown TIRZ and argues that:

“We have mentioned a number of times that TIRZ best serve the taxpayers when there is a high level of transparency and a specific goal in mind. When these unelected boards are given access to a pot of taxpayer funds, they will go to great lengths to find ways to spend it. Repeatedly the line between economic development and personal interest projects is crossed with little accountability.”  Empower Texas 

Nevada Assembly Bill 175 passed this week to round out a package of ride share legislation. Nevada will now:

• Allow ride-hailing companies like Uber and Lyft to operate in the state.

• Ride share will be regulated by  the Nevada Transportation Authority rather than the Public Utilities Commission. 

• Legalizes companies that allow people to hail a ride through a smartphone and imposes a 3% fee on taxi and ride share fares.

KOLO News

You can now see TXDMV board meetings live streamed. Welcome to 2005. 

To Watch Meetings: http://www.txdmv.gov/about-us/txdmv-board-meetings 

11: The Number of Self Driving car accidents in California.

Governing

TPPF calls HB 20 a good bill when it left the House in April, but makes these comments about HB 20 after Senate amendments:

• Eliminates TXDOT authority to use design-build
• Will cost taxpayers Billions

TPPF

• Projected $3 Billion boost in funding, possibly more
• Funding will shift to  construction and maintenance of toll-free roads
• Will require voter approval in November 2016
• Funding will rely on general sales tax and the motor vehicle sales tax
• The funding mechanism: “starting in 2018, TxDOT would get up to an additional $2.5 billion a year in general sales tax revenue once that pot reached $28 billion a year”
• “Starting in 2020, the highway fund would also get 35 percent of motor vehicle sales tax revenue over $5 billion a year. Pickett estimated that cut would produce more than $250 million a year at first and then be in a position to grow.”

Dallas Morning News  Texas Tribune 

High Speed Rail escaped the conference committee on House Bill 1, without the provision removing its ability to be granted the power of eminent domain.

The no votes by the conferees were: 

• Otto
• Ashby
• Kolkhorst
• Schwertner

More fights are on the horizon as Texas Central Railways seeks to aquire land and requisite funding to build the Dallas-Houstonn high speed rail.  

KERA

California Legislature is moving a measure to permit carpooling by ride share comapnies.

California has an existing statutory framework for ride-share and a regulatory framework through the California Public Utilities Commission. 

In 2014 California increased insurance requirements on ride-share. In 2015 it is also moving a long statutory criminal background check requirements for ride-share.

Sacramento Bee

New York Mayor Blasio is proposing new ride share regulations that will require ride share comapnies to pay NYC $1,000 for each user upgrade to their ride share mobile apps.

A public hearing is being held May 28th. The proposed city regulation emerged 9 days after the mayor appeared at a large tech conference, TechCrunch Disrupt, held in Manhattan, where the Mayor, naturally pledged support for the industry. 

Bloomberg

The Veterans Affairs National Cemetery in Texas was to get a new sign. Then it was discovered the sign misspelled cemetery. A new, new sign is on its way.

Government Officials blame the private contractor.

Star-Telegram

The new $10 peak time toll for I-10 in Houston sparked a Washington Post blub about the Texas toll prices. $10 for 12 miles. But, apparently Virigina has Texas beat with $16 for 14 miles..

WashingtonPost

4 million tons crossed the Port docks last month. This represents a 23% increase. 

The Port is up 11% for the year. having already handled more than 13 million tons of cargo. It represents $103 million in revneue for the year, up 30% over year to date for last year.

Bay Area Citizen

CATO is suggesting to Congress that should cut $13 Billion in spending to help with the federal transportation funding reauthorization. The Hill

Colorado led the nation as the first state to adopt modern ride-share legislation. Since then 16 other states have followed suit. 

Legislative success since has been more challenging. Kansas Governor Brownback veoted a ride-share bill. Florida did not pass its ride-share legislation.  Texas is poised to follow suit. Same goes for Iowa and Nevada.

Insurance Journal

HB 1 Conferee agreement on Rider 48 of the Transportation Article in the state budget would prohibit TXDOT from expending any funds for Texas Central Rail. 

Central Rail is waiting to hear what fate will bring.

Government Technology

Probably yes, the ballot language was ok for the 2001 Mobility Fund. The Mobility Fund moved Texas from pay as we go building of roads to secure long term obligations. 

KP-0017

Welcome to New York City, home of regulating app. NYC Taxing and Limousine Commission is proposing new rules to require:

” smartphone app operators “must apply for approval of a modification” for certain changes to any app used to arrange vehicle rides for hire.”

Ride Share companies say: the proposal “effectively grant the commission veto power over software updates”

The city says: don’t worry, we’re just…” “codify[ing] basic safety and consumer protection requirements that most apps have already adopted, and, to a large extent, it is their best practices that are the backbone of the rules.”

NYTimes

A few weeks ago a representative from the group pushing the Texas Central High Speed Rail said that the project couldn’t happen in Texas without eminent domain.

The response from the opponents: “Eminent domain = free market? The free market includes both a willing buyer and willing seller. Eminent domain, by definition, does not.”

California allows testing self driving cars on public roads. 4 of the 50 permitted cars have gotten into accidents since September. 

Of the 4 accidents, 2 were caused by the self driving equipment, 2 were caused by the driver operating the self driving car.  0 of the 4 were actually liable for the accidents. There are a lot of bad human drivers in California it seems.

Dallas Morning News

• The Senate favors funding TXDOT with the vehicle sales tax.
• The House favors funding TXDOT with the general sales tax.
• The Governor supports increased transportation funding to spur economic growth.

Eagle Ford Shale News SJR 5

Expansion of Tomball Tollway (State Highway  249)  will lead to increased sales tax revenue according to the Tomball Economic Development Corporation. 

Increased mobility brings more consumers and thereby brings more commerical development.

Community Impact

NYTimes reports on how self driving car features are a reality without legislation addressing self driving cars.  lawyers say without aws agaisnt it, these features are likely legal.

Five “states” have legalized self driving cars:

• California
• Nevada
• Michigan
• Florida
• District of Columbia

Georgia Governor signed a new transportation funding bill that raises transportation funding by:

• $5 hotel/motel fee
• user fee on electric vehicles
  • $200 for personal vehicles
  • $300 for commercial vehicles
• removing the $5,000 state tax credit on electric vehicles
• Removing the tax credit on jet fuel for airlines.

WSB Radio

The Colorado Legislature failed to reach an agreement on transportation funding.  The House & The Senate both wanted to ensure ensure $1 billion in general-fund transfers to the Highway Users Trust Fund. How they got to that point varied.

The House wanted to address a hospital provider fee and turn it into an economic development fund to free up a revenue cap.

Colorado hasn’t spent state general revenue onn transportation since 2007.

Denver Business Journal 

On Tuesday Michigan voters defeated a $1.2billion in trasnportation funding. Supporters of the ballot initiaitve spent $9 million, while opponents spent $200,000.

Michigan isn’t the first state to vote down increased transportaiton funding recently. Missouri did so as well in 2014. 

ABC News

Cameron County Judge Suplevada announced that the new US-Mexico bridge will open in July. Background:

• The new US- Mexico bridge is the first in 100 years
• It’s original opening date was April 2015
• What’s holding up the bridge: an x-ray unit that was relocated on the Mexican side
• Union Pacific will operate rail movements on the US Side
•  Kansas City Southern Mexico will run rail movement on the Mexico Side

Rio Grande Guardian  

Expiring Revenue Enhancement is the key phrase, and it requires:

• Traditional funding first- like from tax revenue
• Then debt or transportation investment zones to capture sales tax in the transportation project area
• And managed, temporary toll lanes, if a requirement for additional free lanes is met & tolls stop when the debt is paid in full.

Dallas Morning News 

Seantors Huffines, Hall and Ellis join forces to support Senator Ellis’ bill to stop the driver responsiblity program. The program can result in hefty surcharges for individuals to retain their driver’s license. 

SB 93

After buttering Texas up by flattering its innovated use of public private partnerships in transportation, a Harvard Kennedy School fellow. He praises this method because roads are paid for by those who directly benefit from those roads.

Pivoting from flattery, he posits that opposition to tollroads and prublic private partnerships will:

• reduce overall transportation funding over time
• will harm public transit
• harm transit funding in fast growing cities

Governing

Self driving cars are good for Nevada and California, but bring pause when Texas tries to legislate self driving car testing. 

Google and Automakers don’t appear to want self driving car legislation in Texas. Google registered opposed to Senator Ellis’ SB 1167 that seeks to set up a framework for testing self driving cars in Texas. Why?

• Alliance for Auto Manufacturers said, ““The concern is by putting pen to paper you actually could prematurely limit some of those types of developments.”
• “If we had gotten ahead, Sen. Ellis, of the internet, we probably wouldn’t have the internet today,” state Sen. Don Huffines, R-Dallas, said.

Governing Magazine

14 elected officials have asked the Texas Congressional to request federal regulators stop high speed rail in Texas. The blessing of federal regulators will garner eminent domain powers for the high speed rail.

Simultaneously, TXDOT has created a high speed rail commission led by Ft. Worth businessman Bill Meadows to explore extending the Dallas-Houston jhigh speed rail to Arlington and Ft. Worth. 

Mass Transit Magazine

While we wait to see what the Legislature does with ride-share, Mayor Parker is asking that Uber submit a compliance plan to the City of Houston.

Uber has until Friday to comply. Houston is eager to match drivers to drivers licenses after the alleged April 2015 sexual assault of a passenger by an Uber driver. 

Houston Chronicle with Mayor Parker’s Letter to Uber

TXDOT is getting closer to additional funding. The House and Senate transportation proposal both relate to sales tax and here’s the differences:

• House: $3 B of sales tax to TXDOT, the remainder to General Revenue sytarting in 2018
• House: TXDOT will get 2% of the remaining slaes tax over $3 billion. (the sales tax brings in roughly $25 billion per year)
• House plan supported by Chairman Otto according to the Dallas Morning News 
• House: a sales tax plan
• Senate: motor vehicle sales tax only
• Senate plan has the backing of Chairman Nelson
• Senate: vehicle sales tax revenue transferred to general revenue will be capped at $2.5 billion in 2018
• Senate: After $2.5 billion to GR,  $2.5 Billion will go to TXDOT for non-toll road purposes
• Senate: After this $5 billion then 50% to transportation, 30% to general revenue, and 20% to education
• TXDOT: We need $5Billion per year to maintain the status quo

Peak toll pricing helps pay for roads, but does not help reduce congestion according to the nternational Bridge, Tunnel and Turnpike Association.  Two case studies:

• Los Angeles County’s Metro uses peak toll pricing, which can cost $15 for 11 miles. Their peak toll priced lanes often become so congested, that the lanes are closed for periods of time. 
• Atlanta uses peak toll pricing and is considering approaching the 270 drivers that use the peak pay toll lanes 5 days a week to switch their work schedules. Georgia is also implementing toll credits for transit users and for carpoolers. 

Governing

The Chair of a New York legislative committee is proposing the creation of a transportation finance authority that would fund transportation with:

• “A 10-cent increase in the state gas tax would yield $500 million annually.
• A half-percent income tax increase on New Yorkers earning between $500,000 and $2 million each year would raise their rate from 6.85 percent to 7.35 percent, bringing in $750 million annually.
• A mandatory contribution from New York City, starting at $60 million in the first year and adding an additional $60 million each year until the city’s contribution is capped at $300 million annually.”

Streets Blog NYC

• In 2002, California passed a constitutional amendment that dedicates the sales tax on fuel for motor vehicles  for maintaining and expanding our roads, highways and bridges.
• In 2010, California passed a constitutional amendment that prohibits transportation taxes from being borrowed for non-transportation purposes.
• In 2015, California Legislature is moving its way through Senate Constitutional Amendment 7 (SCA 7) that closes a loophole allowing transportation taxes to be sent to general revenue. SCA 7 dedicates transportation taxes and fees solely to building and repairing roads, highways, and bridges.

Orange County Breeze via the Republican Senate Caucus

While Texas Central Railway openly talks to landowners, California is building a state financed high speed rail. 

On Friday, California’s Public Works Board voted to condemn 38 more pieces of property. in total, the state has condemned 192 land parcels to build high speed rail. In total, they need 1,300 parcels of property.

Fresno Bee

The very next day Texas Central Railway held a public meeting in Montgomery County. During that discussion, Robert Eckles, President of the Texas Central Railway, made clear that ” “We aren’t a California style project.” YourNewsHouston 

Texas Central Rail is keeping a up a public meeting schedule. On Saturday April 11, 2015, they held a meeting in Montgomery County. the Highlights:

• The new route follows a utility easement and will not traverse Montgomery Co.
• If the project isn’t built and land is taken by eminent domain, the land will be returned to the land owner
• Roads will not be split
  • “In no place are we going to cut off a county road, an FM road or cut off access to some body’s farm.” – Robert Eckels
• Most of the investors are from Texas. There is no foregin ownership, only foreign purchase of the train itself.

The Courier Montgomery County TX

1. Eminent Domain
2. Private funding claim is a rouse.
3. Texas needs to build roads, not rails.

Eminent Domain

Building the high speed rail will grant a private entity, the Texas Central Railway, the power of eminent domain. Private entities with eminent domain are out of vogue in Texas.

Public Funding

Opposition claims that if ridership goals are not met, public funds will be applied to the project.

Roads First

HB 1889 by Metcalf seeks to cease rail building and promote road building. From the author:

“We need more roads for citizens to travel to ease our existing roadways,” Metcalf said. “We do not need a high-speed railway in Texas that will only benefit a few, while at the same time disturbing thousands of citizens within its path.”

The Atlantic CityLab  Ft Worth Star Telegram

Ride Share moved from local issue affecting local ordinances in San Antonio, Austin, Dallas, and Houston to a statewide solution.

HB 2440 by Repsentative Paddie was heard in House Transportation. Statewide solutions for ride share on the horizon.  Cab companies testified in opposition:

• Ride share is getting a business advantage; treat all companies the same
• Criminal background checks should be the same for all drivers
• 24/7 liability coverage or all companies should have the availability of liability insurance only when in service
• Random Drug testing for all drivers.

Texas Association Business President Bill Hammond wrote in TribTalk about a need for a statewide solution. His points:

• Texas supports innovation and technology in Texas
• Mothers Against Drunk Driving talk about the benefit of ride share to prevent drunk driving 
• Protect Consumers with clear statewide regulation. 

On a less happy note, an uber driver in Houston made headlines, when it was discovered that the driver was a felon, and accused of sexually assaulting a passenger. Houston Chronicle 

A new rail bridge is opening near Brownsville, which has been trying for 15 years to move the current Matamoros rail track out of downtown Brownsville. The move will improve safety by eliminating 14 car crossings. 

A security checkpoint in Mexico will screen train traffic in both directions until the US security station is moved from its current location.

Mexico paid $80M of the cost and local governemtns in the U.S. $40M.

Governing

Texas Central High-Speed Railway accnounced a dozen public meetings from April 9th to the 24th to clear the air.

Texas Central High-Speed Railway touts the following benefits:

• 1000s of jobs for Texans
• no state funding required
• to show that they intend no at grade crossings

Local governments are passing resolutions in opposition. State Representative Will Metcalf stated his opposition by saying, “

“We need more roads for citizens to travel to ease our existing roadways. We do not need a High Speed Railway in Texas that will only benefit a few, while at the same time disturbing thousands of citizens.”  Houston Chronicle

A nonprofit group of archeologists in Florida are vocalizing opposition to a high speed rail plan because the high speed rail will block their ability to recover artifacts. Other opposition includes:

• block access to artifacts in known exploration areas
• constant train noise pollution
• damage to wildlife
• slow down emergency response times

Their lawsuit in federal court asks the court to void the bonds backing the high speed rail.  Courthouse News Service 

Texas has generated $17.6 Million in revenue from speciality license plates. 

Governing Magazine Number of the Day

Bloomberg Politics

Squeaking by in a 5-4 vote, Senate Transportation Committee passed SB 1601 by Kolkhorst. the bill removes eminent domain authority for high speed rail.

The High Speed Rail proponents say federal law, alone,  doesn’t provide the tools that will help them to build their rail. 1190 Talk Radio Dallas

Recommending a funding solution for transportation works best when the people recommending the solution aren’t elected officials.

Look at Georgia, they had a special committee recommend suggestions and now a new transportation solution is sittin gon the Governor’s Desk. Washington Times

Connecticut follows suit with Governor Malloy appointing a 10 member Council to create a “coordinated, cohesive strategy” for transportation needs. Governor Malloy supports a funding mix including:

•  tax surcharges
•  fees
• public-private partnerships
•  traditional bonding
• new, complex financing arrangements that would attract investments from pension managers or sovereign wealth funds.
• He’ll consider the controversial option of new highway tolls (as a partial solution)

Hartford Courant

• Before adding new fees and taxes, look at how the current funding is used. Too much is used to build and not enough to maintain existing infrastructure.
• Any new funding has to be protected so it can only be used for roads, bridges and highways
• Reduce the nearly $60 billion in deferred transportation maintenance
• Look at California’s revenue surplus and a rainy day reserve fund; some of which should be dedicated to our transportation system.
• No new or increased charges until all previous transportation funding is actually directed to our roads.

State Sen. Anthony Cannella, R-Ceres, represents the 12th District. A civil engineer, he is vice chairman of the Senate Transportation and Housing Committee.​

San Jose Mercury News

Highlighting a Texas Turf Anti-Toll protest, Bloomberg looks at the battles waging against toll roads. 

• Kentucky: Toll Fees to replace an ailing bridge to Ohio were blocked by Tea Party legislators 
• Congress:  FedEx Corp. and McDonald’s Corp are working to keep barriers to toll roads on Interstate highways in tact
• Connecticut: Republicans blocked new toll legislation

Bloomberg also siezes on a Texas A&M Transportation Institute statistic to support toll roads : “$121 billion in wasted time and fuel in 2011, or $818 per commuter.” 

Rep. Scott Sanford is also quoted as saying, ” “If a core function of government is transportation — building and maintaining roadways — that means whatever a citizen pays for that core government function is a tax. What we end up with is taxation without representation.”

New York City has more Uber drivers than cab drivers.

NYPost & Governing Magazine Number of the Day

More and more big trucks are on the roads, hauling goods to and fro. Good for the economy. Bad for public safety according to troopers who the New York times labels as unwittingly lobbying for an increase in rail. 

Naturally the rail industry wants more rail and the trucking industry wants more and bigger trucks on the road. The rail industry is ginning up support from troopers through a non-profit. 

NY Times

Transportation agencies throughout the US have tapped creative earning strategies to enable their assets to generate more transportation funding:

• Open rest areas and welcome/visitor centers on highways to contract vendors to sell food, goods and services
  • Bring Food Trucks to RestStops
• Corporate-branding sponsorships.
  • Sponsors to offer roadside assistance.
  • Virginia has a 3 year contract with GEICO Insurance for sponsorship of rest areas and welcome centers that generated close to $6 million last year.
  • Naming agreements.
  • Advertising in high-traffic locations such as bridges and rest areas.
    • AT&T agreed to pay more than $5M to the Southeastern Pennsylvania Transportation Authority  over five years to rename Philadelphia’s Pattison Station as the AT&T Station.
• Selling Transportation Data
  • Sell anonymous traffic data to private mapping or traffic-information companies or as a platform for marketing opportunities.
• Lease, Sell or Develop Underused Lands
  •  California  earns approximately $6 million a year by leasing sites for mobile communications towers.

Governing

House Bill 3825 by Rep. Landgraf  would transfer $50 million per year from the Rainy Day Fund to Texas counties to help offset the impact of oil and gas drilling operations.  

Chairman Darby has issued a statement in support.

Permian Shale

This week, TPPF released, the Road Forward, a transportation reform proposal. 

• No need for more transportation funding: Prop 1 filled the funding gap
• End diversions 
• Reform Transportation procurement (Pg. 19 has 11 recommendations)
• Remove Restrictions on Innovation in the Transportation Code
• Stop accepting federal funds for urban rail
• TXDOT overestimates growth
• Toll Roads help solve transportation problems.

The Dallas-Houston private high speed rail proposal presented to Cy Fair Chamber of Commerce this week. Former Harris County Judge Eckles, who leads the Texas Central High-Speed Railway (TCHSR), presented these facts about high speed rail:

• it will be privately funded
• the project will be overseen by TXDOT and Federal Railroad Administration
• travel time bewtween Houston and Dallas would be 90 minutes
• “TCHSR can pay a reasonable amount of money plus a little more if that could keep any negotiations out of the court system…”

Refreshing our Recollection: Senator Kolkhorst’s Senate Bill 1601 would prohibit TCHSR from using eminent domain.  

Spring Observer

Senator Uresti’s SB 1788 would allow counties, producing oil and gas revenue, would be allowed to keep the royalty payments generated from the minerals under county property and dedicate that money to road funding.

This bill would override a 1960 Attorney General Opinion,  WW-870, by Attorney General Will Wilson.

Texas Lawyer

California was one fo the first states to create a regulatory framework for testing self driving cars. Way back in yesteryear, 2012, California created its landscape for regulating selfd-riving car testing.

A regulatory hiccup, in the form of no rulemaking to verify safety, has caused California’s innovativeness to stall. It seems no one can agree on the standards that should be imposed upon automotive makers that determine whether self driving cars are safe for the road. The competing views are:

• Self driving car makers want to follow the traditional car industry and allow car manufacturers to attest to safety
• Safety advocates want outside entity to verify safety
• Computer Programmers want an outside group to verify the safety of the software code
• Some automakers want federal guidelines

For now the California DMV permits the cars to be tested on public roads but as of yet, car makers cannot move beyond testing. 

WallStreet Journal

Harvard Kennedy School Professor Stephen Goldsmith holds out the LBJ Freeway as an example of how P3s  (public-private partnerships) are delivering value.

Relying on Fitch Ratings issued in February, Goldsmith describes the LBJ Freeway as construction “has proceeded on schedule and on budget, and operations are on target to begin during 2015.”  

Governing

• “sustained, predictable long term funding”

Move Texas Forward mentions the following transportation funding proposals but takes no position:

• Governor Abbott’s tranportation plan  which Move Texas Forward describes as “meaningul, long term”
• The Senate plan to end transportation funding diversions & dedicate the motor vehicle sales tax to transportation
• The House plan to end transportation funding diversions and Chairman Pickett’s proposal to dedicate general sales tax to transportation

Move Texas Forward TribTalk

In an effort to speed up the construction of high speed rail between the Twin Cities and Rochester, MN is considering private funding for high speed rail.  MPR News

The Trinity Toll road in Dallas is financially drowning. 

What entity has oversight and control?

• The North Texas Tollway Authority
  • Yes, that tollway Authority who will soon lose its eminent domain authority

How much a financial problem is there?

• $1 BILLION 

The Solution:

• HB 3674 by Anchia to prohibit the state from bailing out the Trinity Project

​Dallas Morning News

According to the Corsicana Daily Sun, Governor Abbott opposes tollroads—“period.”  

Rep. Martinez filed HB 3040 to allow economic development corporations to build transportation infrastrcture.  

Refreshing our recollection, Chairman Pickett asked about County Transportation Reinvestment Zones but Attorney General Opinion said the Texas constitution probably prohibits it. 

Previously on Information Intelligence:

Attorney General Opinion, KP-004, tells us without a constitutional amendment, a county probably cannot:

• Create a County Energy Transportation Reinvestment Zone
• Create a County Transportation Reinvestment Zone
• Create a County Tax Increment Reinvestment Zone

The AG rational is that:

• Article VIII, Section 1(a) doesn’t permit counties to create these zones
• Because the Constitution requires taxation to be equal and uniform
• And, a county reinvestment zone would treat property inside the zone and outside the zone differently

Miami-Dade is proposing a Public Private Partnership , P3, solution to help address its roadway congestion.

Currently the area uses P3 solutions for recapitalizing Miami’s infrastructure, expanding options for mass transit, and incorporating modern design and innovative operational techniques.

P3 for transportation congestion differs from normal contracting by:

• involving more stakeholders
• creating a secure, long-term revenue stream
• the P3 must “earn a level of return that adequately compensates for the level of risk.”

National Law Review

Lyft has been fighting a law suit over whether its drivers are employees or indpendent contractors. This determination is crucial to determine how much liability Lyft may have if something bad happens or in reimbursing its drivers for  expenses.

A San Fracnisco judge denied summary judgment motions and ruled that a jury should determine whther the ride share drivers are employees or independent contractors.

WallStreet Journal

Since the times of yesteryear ,and the Trans Texas Corridor, toll roads have fallen out of favor. As of 48 hours before bill filing deadline, there are 32 ways to stop tolls, stop enforcing certain tolls, or remove authority from toll roads.

How to chip away at or eliminate toll roads:

• No eminent Domain Authority for Tolls
  • HB 565
  • HB 1004
  • HB 2619
  • SB 444
  • SB 938
• Sunset/ More Transperancy for Tolls
  • HB 572
  • HB 2620
  • SB 939
  • SB 1046
• Make Tolls Do More Work
  • HB 790 Noise Abtements
  • HB 1394/ SB 557Require advisory committees when tolls enter new lands
  • HB 1837 increase the vote threshold for approval to 3/5
  • HB 2549, HB 3108 make it harder to collect unpaid tolls
  • SB 57 data security
• Limit / Cease their revenue
  • HB 1350
  • HB 1734
  • HB 1834
  • HB 2273
  • HB 2427
  • HB 2611
  • SB 1182
  • SJR 43
• Limit/Stop Tolled Lanes
  • HB 1835 no lane conversions
  • HB 1838 toll the bell for toll roads
  • HB 2612
  • SB 485
  • SB 937
  • SB 1238
  • SB 1240

Senator Ellis has filed SB 1167. He creates a pilot program to allow for testing of self driving cars in Texas.

Under his pilot, certain people, that get a self driving car designation for their drivers license, and are either:

•  DPS
• TXDOT
• self driving car manufacturers OR
•  self driving car upfitters

will be permitted to test drive the cars of the future in Texas.

Previously on Information Intelligence:

Leading the pack with HB 933, Guillen throws Texas hat into the ring for testing self driving cars and creates a border security pilot program. 

Here’s what else has happened with self-driving car regulations throughout the US:

• North Dakota | Information Intelligence
• California | Information Intelligence

A legislative move in California is seeking to level the playing field between ride share drivers and taxi drivers. The bill died in committee last session. 

This sessions’s Assembly Bill 24 “requires amateur drivers to submit to drug and alcohol testing, undergo criminal background checks overseen by the California Department of Justice and enroll in a Department of Motor Vehicles program alerting employers after DUI arrests.”

US DOT is allowing cities and states to require that local workers are utilized on transportation projects which receive federal funding. 

U.S. Transportation Secretary Anthony Foxx announced the beginning of the pilot program this week. The one-year pilot program only applies to transportation funding received from the Federal Highway Administration and the Federal Transit Administration.

Governing

Senator Nichols SJR 5 & SB 5 would add $2.5Billion to TXDOT funding by dedicating motor vehicle sales tax to TXDOT. TXDOT would be prohibited from using the funding for toll roads.

Dallas Morning News 

After passing restrictive local regulations that could cease Uber, Lyft, and ride share operations. San Antonio is proposing revisions that, if approved Thursday, would:

• strip away insurance requirements
  • no longer require excess coverage of $2000,000 when the driver has no rider 
  • maintains commercial liability coverage at $1 million when there is a rider in the car
  • no longer requires an additional $1 million in coverage for uninsured or underinsured motorists
  • no longer requires $50,000 in comprehensive collision coverage
• ease the permitting process
  • random drug testing for ride share drivers
  • drivers will not have to prove English proficiency
  • drivers will not be required to have a fire extinguisher
  • in lieu of drivers meeting with police in person, ride share companies will vouch that their drivers have complied
  • drivers can begin once they pass the ride share company’s background check
    • for full permitting, within 14 days, the driver must pass the city’s background check
• reconfiguring the fees the companies would pay to operate
  • fees will be assessed by size of ride share company
  • $625 for up to 10 drivers to $25,000 for more than 300 drivers

San Antonio Express News

Courtesy of the new LBB report that examines 34 transportation funding options:

• Redirect Motor Vehicle Sales and Use Tax
  • $332.2M-$1,229.,5M to State Highway Fund (SHF)
• Redirect Motor Vehicle Rental Tax
  • $30.8-$80.3M to SHF
• Redirect Revenue from the Automotive Oil Sales Fee
  • $20.3M to SH
• Rededicate a portion of the battery sales fee to transportation
  • $12.1M to SHF
• Redirect & Increase the New Resident Use Tax
  • $50.6M to SHF
• Implement a Vehicle Miles Traveled Tax
  • $380M to SHF
• Index Motor Fuels Tax to Vehicle Fuel Economy
  • $343.1M to SHF & $114.4 to Available School Fund (ASF)
• Index Motor Fuels Tax to Average Wholesale Price of Fuel
  •  $22M to SHF & $74M to ASF
• Index Motor Fuels Tax to Producer Price Index
  • $156.4M to SHF & $52.1M to ASF
• Index Motor Fuels Tax to Consumer Price Index
  • $142.5M to SHF and $47.5M to ASF
• Increases Motor Fuels Tax, for each 1cent increase revenue of
  • $253.5M to SHF & $84.5M to ASF
• Apply Motor Fuels Tax to Fuel Used to Propel Rail Cars
  • $193.1M to Rail Relocation & Improvement Fund
• Increase Liquified & Compressed National Gas Tac and Diesel Fuel Tax Based on Energy Content:
  • $125.1M to SHF & $41.2M to ASF
• Repeal Motor Fuels Tax Exemptions
  • $78.8M to SHF
• Decrease Motor Fuel Tax Collection Allowance
  • %1.1M to SHF & $17.1 to ASF
• Redirect Revenue from Certain Special Vehicle Permits
  • $54.5M to SHF
• Index Motor Vehicle Registration to Fuel Efficiency
  • $868.1M to SHF
• Increase Motor Vehicle Registration Fee by $5
  • $249.M to SHF
• Index Vehicle Registration Fees to Standard Presumptive Value
  • Cannot Be Determined
• Scale Vehicle Registration Fees to Vehicle Emissions
  • Cannot Be Determined
• Expand the Delinquency Penalty for Late Vehicle Registrations
  • Cannot Be Determined
• Establish an Inefficient Vehicle $100 Surcharge Fee
  • $115.3M to SHF
• Establish an annual  Vehicle Equalization Fee of $100 on vehicles not powered by motor fuels & $50 fee on hybrids
  • $25.2M to SHF
• Establish a Fee on Electric Vehicle Charging Stations
  • $1.8-$5.1M to SHF
• Eliminate SHF appropriations to agencies other than TXDOT
  • $1,329.7M to SHF
• Increase the Vehicle Certificate of Title Fee 
  • $98.8M -$118.7M to SHF
• Generate Revenue from State Ferry Operations
  • $95M to SHF
• Increase Drivers License Fee to $36, Occupations License to $25, Commercial License to $90 and duplicate license fee to $15
  • $80.2M to Texas Mobility Fund (TxMF)
• Increase the Motor Vehicle Safety Inspection Fee by $1.5 annually and by $4.25 for 2 year inspections
  • 62.1M to TxMF
• Adjust Highway Maintenance Fee to include distance traveled
  • $6.5M to SHF
• Generate Revenue from Advertising
  • Cannot Be Determined
• Remove the Motor Vehicle Sales and use Tax Exemption on Hydrogen Powered Vehicles
  • No Signifiant Fund Increase
• Establish Impact Fees to Fund Transportation
  • Cannot Be Determined

Attorney General Opinion, KP-004, tells us without a constitutional amendment, a county probably cannot:

• Create a County Energy Transportation Reinvestment Zone
• Create a County Transportation Reinvestment Zone
• Create a County Tax Increment Reinvestment Zone

The AG rational is that:

• Article VIII, Section 1(a) doesn’t permit counties to create these zones
• Because the Constitution requires taxation to be equal and uniform
• And, a county reinvestment zone would treat property inside the zone and outside the zone differently

• HB 856 (Sanford) Requiring that regional transportation planning organizations stream and archive videos of their meetings on their publicly accessible website
• HB 1834 (Sanford)  Requiring a County Commissioner Court resolution of approval for toll projects. Further requires toll roads be paid in full within 20 years and that the toll road transition into a non-toll road
• HB 1835 (Sanford)  Prohibiting the conversion of current free lanes  to toll lanes
• HB 1836 (Sanford)  Directs 10% of sales taxes to be utilized for the construction and maintenance of non-toll highways
• HB1837 (Sanford)  Requires 3/5 approval of commissioners court for all toll road study, design, and construction 
• HB 1838 (Sanford) Requires that all current toll roads become free roadways within 30 years
• HB 1734 (Shaheen) Cessation of tolls
• HB 1183 (Shaheen) Requiring CDAs obtain county commissioner approval for any new toll project 
• HB 202  (Leach) Dedicating 1/2 of the motor vehicle sales tax to the State Highway Fund for maintenance and construction of non-tolled roadways  
• HB 203 (Leach) Dedicating auto parts sales tax to the State Highway Fund for  maintenance & construction of non-tolled roadways. 

Texas Turf  Leach Sanford Shaheen Press Release

An earnest supporter of property rights, Representative Will Metcalf filed HB 1889 that requires municipal or county approval before construction of the railway. Representative Metcalf is strongly opposed to taking private lands for private enterprise. 

Metcalf’s opposition to high speed rail is noted at NoTexasHighSpeedRail & Texas Turf.

The growing list of supporters for Senator Nichols SB 5 & SJR 5:

• Texas Association of Business 
• Texas Association of Realtors
• Texas Trucking Association
• San Antonio Chamber of Commerce
  • Dallas Morning News
• Move Texas Forward 
  • Texas Food & Fuel Association
  • Texas Association of Builders
• Majority of Texans  Poll by Texas A&M Transportation Institute 

The results of the Texas A&M Transportation Institute’s Transportation Policy Research Center transportation poll:

• Nearly 2/3 support increased funding for transportation statewide.
• A majority also support increased funding for public transportation.
• “Of the options offered, respondents favored dedicating the motor vehicle sales tax to transportation needs; they least supported raising the vehicle registration fee from $65 to $115.”
• From a list of 15 different ways to improve transportation in the state, better traffic signal timing and clearing accidents more quickly were the most popular ideas.
  • Building more toll roads was the least-supported option.

Texas A&M Transportation Institute

California taxi drivers filed suit claiming unequal protection under the laws, because of the unequal regulation on taxi drivers versus Uber/Lyft drivers. 

The goal: Treat taxi regulation and ride share regulation equally. 

Courthouse News Service

North Carolina Department of Transportation has the authority to determine what land is in a transportation corridor. Sounds innocuous. But, by classifying land as in a transportation corridor, it can also trigger land use restrictions. The land use restrictions tend to make the land cheaper for the state to buy later. Good for the state to keep transportation project costs down, not good for landowners who think their land is more valuable. 

As we’ve seen in Texas, restricting how land can be used is controversial. People sue. People change the law. Think of the landowners who sue when fracking bans are placed on their land,  because they are unable to make the highest and fullest use of their land. Land is valuable to the people who own it and they want to make decisions about their land.

NC Courts looked at lands designated as within transportation corridor plus the land use restrictions, and said that’s effectively the state using eminent domain. This means compensation for eminent domain dates to designating the property within a transportation corridor, not when eminent domain discussions begin. It matters to the value of the property to landowners and how much a governmental entity will have to pay to acquire it. 

NewsObserver

Empower Texas has a litany of transportation reform ideas:

• Before more funds, restrict the impact of Metropolitan Planning Organizations (MPO) to undermine sound policy
  • The problems with MPOs:
    • MPOs are federally mandated
    • Federal government is allowed to indirectly control transportation
    • They are composed of “bureaucrats from transit agencies, toll authorities and TxDOT”
    • MPOs “can hold TxDOT funds hostage”
• Restrict TXDOT projects that include partnerships with MPOs
• Statutorily remove the authority the state grants to MPOs and COGs
• Stop COGs and MPOs from expanding their reach to include economic development

Empower Texas

Texas A&M Transportation Institute (TTI) is examining transportation reinvestment zones. TTI  Senior Research Scientist Rafael Aldrete is leading the project & is asking for information from counties and cities. The goals of the study:

• identify the advantages
• identify disadvantages and
• identify lessons learned by local governments and other agencies that have considered or may be utilizing TRZ financing.

TTI 

New information emerges about the path of Texas first high speed rail line between Dallas and Houston. The route will:

• Follow utility corridors
• “Alignment through commercial areas around U.S. 290 and Loop 610 in Houston”
• Elevated tracks along I-10 to access downtown Houston.

The goals:

• follow existing utilities and railroad tracks 
• minimize impact on residential areas

Administrative Process and Timeline:

• Late 2015 a draft environmental analysis will be made public
• Federal Railroad Administration will have to approve the line
• Funding will be private through the Japan Bank for International Cooperation

Houston Chronicle

SB 579 (Watson) & HB 1432 (Howard) would permit a $10 Travis County registration fee to fund Travis County transportation funding, or permit a $20 fee with voter approval.

The added transportation funds would go to the Central Texas Regional Mobility Authority, would be utilized for transportation bond packages, which may include tollroads.    

Other counties have been granted the similar registration fee surcharges, including Cameron, Hidalgo, Webb, El Paso and Bexar.   Statesman 

Refreshing Recollection: Vehicle User fees are proposed as a state wide solution in California, in combination with local sales tax increases dedicated for transportation.  Information Intelligence

57% of southerners in Georgia support paying more at the pump for road improvements. 

Georgia Chamber of Commerce commissioned the poll and found:

• 51%  said the state transportation budget  is not enough
• 53% support the General Assembly raising an additional $1.5 billion/year for transportation.

Atlanta Business Chronicle 

California is working on a 3 tiered approach to transportation funding:

Tier One: The State     The state portion of transportation funding will be based in a $52 vehicle user fee.

Tier Two: Cities     Cities are turning to financing models to improve transportation funding.

Tier Three: Regional     Regional local governments are putting a 1/2 cent “quality of life tax” for transportation projects. it will require a 2/3 vote from local residents.

UT San Diego

Uber & Lyft are extremely convenient for passengers. Their ease stems from their apps which quickly bring transportation to you. As a result, Uber/Lyft drivers are glued to their apps awaiting new fares. This focus on the next fare is leading to distracted driving, new laws and law suits. 

In December 2014, a lawsuit was filed against a Lyft driver when the driver’s Lyft app was open when an accident occurred. In the same month, an Uber driver allegedly hit and killed a 6 year old in a San Francisco crosswalk.  These incidents raise the following policy and legal issues that are being addressed across the country:

• Are Uber/Lyft drivers employees?
• Are Uber/Lyft drivers independent contractors?
• What liability does Uber/Lyft have when a driver cause an accident?
• How do no texting laws and regulations apply to app use by Uber/Lyft drivers?

New York Law Journal

Its deja vu all over again. A foreign company finances a new transportation proposal. The foreign company has eminent domain authority. Opposition forms. Opposition gets stronger. The ultimate result: All eminent domain authority is repealed for the project.

10 years ago, it was Spanish Company, Cintra, and Trans Texas Corridor. Today it’s Japanese financed Texas Central Railway, which is proposing high-speed rail to connect Texas major metropolitan areas.  

Previous opposition to the rail had been rural land owners, but newly organized opposition group, NoTexasCentral.Com, is suburban and urban based.

Houston Chronicle Kuff’s World

Tax experts say 12 states may likely raise the gas tax this year. It’s a bipartisan group, including:

• Georgia
• Idaho
• Iowa
• Michigan
• Minnesota
• Missouri
• New Jersey
• South Carolina
• South Dakota
• Tennessee
• Utah and
• Washington.

Special Commissions have been studying transportation funding in these states:

• Georgia
• Louisiana
• South Dakota
• Wisconsin

Governing 

To avoid raising taxes, Republicans in Connecticut unveiled a plan that is:

• 30 years
• $37 Billion
• Relies on general obligation bonds.
• Reinstates the “Transportation Strategy Board” which will assist in approving transportation funding projects.

Governing 

Hartford Courant 

Republican Iowa Governor Branstad supports the 10 cent gas tax hike legislative leaders are pushing.

Alternative suggestions to the gas tax hike include legalizing marijuana and dedicating the tax revenues to transportation projects.  The Gazette