The Last Word

Kirk Landers

Vice President
and
Editorial Director

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August 2006

The Vision Thing

When the high and the mighty of the road industry gathered in June at the gala celebration of the Interstate Highway System’s 50th Anniversary, conversation inevitably turned to what it would take to keep the system vital in the future.

In their public remarks they were kind about it, but public or private, those who care about America’s roads know that the SAFETEA-LU federal transportation act of 2005 is an enormous setback for modern transportation in the United States. It is, most of all, pathetically inadequate to meet the needs of an overloaded highway system that is suffering from gridlock and physical deterioration. It is that way because there is no political will to raise the revenues that are needed to rejuvenate it. And to pass even this limp-wristed legislation took more than 6,000 pork-barrel attachments, which the general public could only interpret as evidence that the entire enterprise has been corrupted.

Industry leaders who can still think positively about this challenge spoke of creating a new vision for the system. Raising revenues simply to preserve what we have now is a nearly impossible sell in Congress, they said, but a whole new vision — a 21st century version of the original Interstate Highway vision of the mid-20th Century — would have a chance of success.

Are future transportation demands so different? Well yes. The current system was conceived to answer the transportation problems of 1950s America. It took weeks to drive from coast to coast, fatal crashes took place at an alarming rate, and the movement of commerce was slow and expensive. The Eisenhower system answered all of these needs with marvelous success.

If we were to design a surface transportation system today, it would be conceived to answer the problems of 2006 America: an overused road system, a global economy that demands efficient multi-modal movement of people and goods, and rapidly rising energy costs, to name just a few.

While no one is currently touting a total solution to surface transportation in the 21st century, some basic ideas are coming into focus. One of the most tangible of these is an Interstate Highway concept being promoted by Charlie Potts, CEO of Indiana-based Heritage Group; it shows a modern, divided roadway with rail service occupying the space between the automobile lanes.

It is an image that poses a range of possibilities: If you could move trailer-loads of freight over long distances faster and cheaper by train than by truck cab, you could reduce rural interstate congestion by a substantial amount and improve transportation efficiency. And while traditional freight rail companies might not have any interest in such an enterprise, other enterprises with a more forward looking vision might be very interested — starting with the trucking companies themselves, especially with diesel fuel becoming so expensive. Now, imagine a freight rail service designed and managed by truck companies or by institutions with the mentality of, say, Federal Express. That’s how this vision thing can work...

Another fundamental concept that will help create a workable vision for future transportation is the thought that the challenges of urban/metropolitan commuter congestion have to be separated from the challenges of the rest of the interstate system. They are linked systems, but they have different roles and challenges — and they will require different solutions.

There are many other concepts getting discussed by industry leaders. It will be interesting to see how many of them end up the “vision” put forth by the Surface Transportation Policy and Revenue Study Commission in its report to Congress next July. But even if the committee fails to come up with a powerful concept for the future of surface transportation in the U.S., industry leaders will take up the slack. This “vision thing” has legs.

July 2006

Selling Public Assets

You may not be aware of it, but the good people of Indiana and Illinois are debating the merits of selling or leasing their tollways to private enterprises.

Those politicians who avidly favor privatization love to hear themselves say that private business runs anything much more efficiently than government. They also like to talk about how the windfall should be spent.

Call me old fashioned, but this sounds like a clarion call to tax payers to grab their wallets because they are about to get fleeced.

What’s wrong with this picture? Isn’t the proposed sell off just a small variation on the so-called public-private initiatives that anti-tax advocates have been touting for the past decade or so?

No. It is a huge variation. The tollways in question are established businesses and are already an integral part of the social and commercial fabric of the regions they serve. The private enterprises that might purchase or lease these properties face very little risk; their biggest challenge is to project ownership and operating costs accurately over a long period of time — the lease periods being discussed range from 50 years to 99 years.

The greater risk belongs to the citizenry and the users. The citizens paid to build these roads initially, and the users have continuously paid to maintain and rebuild them. It’s hard to see how their interests would be served by turning things over to a private corporation which would bring nothing new except a profit motive to the enterprise.

Yes, we’ve heard the one about private corporations being more efficient than government bureaucracies, but that’s seldom true of corporations that have monopolies, which these roads would be, and it’s probably generally overrated in any event. An independent British Columbia newspaper, The Tyee, reported in early June that since the province of Ontario signed a 99-year lease in 1999 to a private consortium to run Toronto’s 407 Express Toll Route, tolls have risen 250%. Locals are said to be mad, not only at the higher prices but also at incorrect billings and hassles from collection agencies.

Could something similar happen in Illinois or Indiana? Of course. The primary focus of the tollways would change from expediting the movement of people and commerce to producing healthy profits for shareholders.

The other thing that should worry taxpayers in both states is whether or not the politicians who want to sell public things should be trusted to get a fair price for them. Illinois is said to think it could get $14 to $20 billion for its 274-mile tollway system over a lease period of 75 to 99 years. Does that seem like a good deal? If the system is worth that much today, what might it be worth in 99 years? Time has a funny affect on money. In 1955, per capital income in the United States was just under $1,900 a year; 50 years later, in 2005, it had increased 18-fold, to just over $34,500, radically changing what we pay for things and what we consider essential in our lives. With this in mind, your children’s children might be giving their children a monthly allowance of a million dollars or so 99 years from now, and the purchase of a 274-mile highway system might be mentioned in the same breath as the beads and baubles that bought Manhattan.

To me, selling off existing public assets without further in-depth research by reliable third parties is just a boondoggle offered by politicians too weak to deal with emerging public needs either by raising taxes or cutting spending in other areas.

June 2006

The Tax Question

When the new 12-member Surface Transportation Policy and Revenue Study Commission convenes again next year, they will do well to tread carefully as they debate various options for increasing Highway Trust Fund revenues.

Required by the language of the recently passed federal transportation act, the commission is, by design, made up of a wide spectrum of interests, from transportation users, to transportation managers, to financial and political advisors. They could easily end up proving the axiom that committees designing horses end up with camels, but the size and diversity of the group is important: ultimately, they will talk about money and taxes, and if their recommendations are going to affect lawmaking, they will have to be acceptable to a wide spectrum of political interests.

Quentin C. Kendall is the executive director of the commission. He has been White House liaison for Transportation Secretary Norman Mineta in the past, and was most recently deputy assistant secretary for Management and Budget. Other notables on the commission include former Federal Highway Administration head Mary Peters, former House Transportation and Infrastructure Committee chief counsel Jack Schenendorf, and Secretary Mineta. State government is represented by Frank Busalacchi, secretary of the Wisconsin DOT, and a city voice comes from Steve Heminger, executive director of San Francisco’s Metropolitan Transportation Commission.

When these leaders convene with their colleagues from business and industry to plot the future of U.S. transportation, they will talk about congestion, aging infrastructure, and what it will take to address a looming crisis in surface transportation. They will look for ways to relieve some highway congestion by increasing the viability of shipping freight by rail, but when they get to highways, chances are they will be looking at the same kind of revenue needs defined in last year’s Chamber of Commerce report on the highway system.

The Chamber, you may recall, called for hundreds of billions more Highway Trust Fund revenue than TEA-LU provides. To raise those revenues, the Chamber proposed a laundry list of fees, fee increases, and especially, an inflation-proof fuel tax.

Since the Chamber’s report, a number of voices have called for making the fuel tax a percentage of the cost of gasoline and diesel, rather than a flat tax per gallon of fuel. The politics of the current run-up in fuel prices argue against this. In the U.S. House and Senate, and in many statehouses around the country, posturing political representatives have moved to strike or suspend very modest flat-rate fuel taxes as a way to give consumers relief from $3 a gallon gasoline.

Some states have actually passed such legislation, even though few consumers would even notice a nickel decrease in fuel that has gone up a dollar a gallon in a short period of time. The damage done to road programs, on the other hand, can be devastating. Backlogs of failing pavement, deficient bridges, and congestion relief projects balloon, creating an unnoticed but real debt for the very taxpayers who were supposed to benefit from the tax cut.

The lesson to be learned here is that, under pressure, many politicians will happily do something stupid rather than risk being perceived as doing nothing at all.

The further lesson for the new Policy and Revenue Commission is to be careful about changing the fuel tax structure. If today’s modest state and federal flat fuel taxes can draw that kind of fire, imagine how vulnerable they would be if they had increased in direct proportion to the cost of gasoline and diesel.

We wish this commission all the best. They are taking on an incredibly complex and largely thankless challenge that is probably more vital to the future of the U.S. economy than any issue the Congress will debate for many months to come.

May 2006

Where Do We Go Now?

Even as we celebrate the 50th anniversary of the Interstate Highway system and marvel at the sweeping cultural and economic changes it has wrought, highway advocates representing interests as varied as transportation agencies, construction contractors and even conservative and liberal think tanks are increasingly disturbed about the lack of political interest in addressing the real needs of the highway system.

At a recent meeting of the steering committee for the National Partnership for Highway Quality, a star-studded panel of highway experts discussed the need for a new paradigm in the federal-aid highway program, and were largely skeptical about our capacity to achieve it.

To these leaders, the current transportation bill represents a damaging step backward. Not only are its funding levels hopelessly inadequate for dealing with critical problems, but SAFETEA-LU manages to divert highway funds over an increasing number of special programs, further diluting funds available for replacing crumbling pavements and relieving chronic congestion.

Worse still, SAFETEA-LU was drafted and enacted as a spending bill. It lacked any coherent focus on a national goal, such as reducing congestion or improving the efficiency of moving people and freight. The safety element in its title is straight from the theater of the absurd — the safety of federal aid roads is not a significant public concern and safety statistics have been stable for many years. To give tortured credence to this empty bromide, millions of dollars had to be funneled into various and sundry safety activities that will succeed mainly in taking money away from people and applications that could improve pavements and traffic flow.

Now, add to this picture the earmarks that were attached to the bill. According to one panelist, there were 6,701 listed clearly in the legislation, and more than 2,000 others imbedded in other parts of the nearly 900-page bill. A little perspective here: the legislation that created the Interstate Highway System in 1954 was 29 pages long. A little more perspective: President Ronald Reagan vetoed the first TEA legislation (ISTEA) in the 1980s because the bill had nearly 200 pork barrel attachments to it.

Let there be no doubt about it, Congress and the Administration, Republicans and Democrats alike, regard the federal highway program as nothing more than a spending bill today, and that dooms future legislation to a cruel combination of declining investment and more waste of the limited dollars that are left.

Unless.

Unless a dynamic new leader or cadre of leaders with a dynamic new vision for the federal highway program emerges in the Congress. Unless stakeholders in the highway systems — like the freight haulers, the Chamber of Commerce, the highway agencies, and the construction industry — can unite behind common goals and funding options. Unless these stakeholders can organize and unleash serious grass roots support for the next transportation act.

This is a daunting challenge and few Washington insiders think it can be done because it takes a massive effort from thousands of people to affect the kind of change we’re talking about. Our industry’s advocacy groups are already beginning to organize strategies and tactics for the next transportation debate. They can be counted on to deliver the message on Capitol Hill and even to lobby for the right committee chairs. But the hard part is getting the kind of sustained grass roots support that makes elected officials take notice of the issues. That means letters and emails and phone calls from you and us and our co-workers and our neighbors, and not just on one occasion but again and again for however many months the debate may last.

April 2006

Washington Roulette

Hopefully, by the time you read this, the U.S. Senate will have either approved the nomination of Rick Capka to be the director of the Federal Highway Administration, or at least the appropriate Senate committee will be reviewing his credentials for the job.

That’s what everyone expected when the Bush Administration announced last month that Capka was their choice for the directorship of the road industry’s most important institution.

Capka has served as the interim director of the FHWA since Mary Peters resigned last August, and he had served as deputy director since 2002. Prior to joining Federal Highways, Capka was the CEO and Executive Director of the Massachusetts Turnpike Authority and had oversight of Boston’s “Big Dig” project, the largest transportation infrastructure project in America since the Interstate Highway System was built. Before that, he spent nearly 30 years in the Corps of Engineers managing a wide variety of construction projects here and abroad.

With just two years left in the Bush Administration’s gig, the Capka appointment seemed to make eminent sense. Few people in public life have such a rich background in management, construction, and surface transportation, and his nomination was endorsed by leading organizations like the American Association of State Highway Transportation Officials and the American Road & Transportation Builders Association, among others.

But partisan politics entered the picture just as the endorsements were rolling in. Senator John Kerry made headlines in his home state of Massachusetts by announcing that he was going to put a hold on the Capka nomination — preventing a Senate review of his credentials — based on Capka’s management of the Central Artery/Third Harbor Tunnel project in Boston. Kerry likened the Capka nomination to that of former FEMA chief Michael Brown.

I like Senator Kerry and I voted for him two years ago, but he’s way off base on this issue. Likening Capka to the inexperienced Brown is particularly unfair, given Capka’s long career spent on the front lines of big infrastructure projects. People familiar with the Big Dig credit Capka for getting the project’s infamous spiraling costs under control; he was ultimately fired for a political gaffe when he gave three attorneys connected with the project a large severance package. At Federal Highways he has won acclaim from industry experts for his contributions to the 64-day replacement of the Oklahoma I-40 bridge in 2002, and the rebuilding of highways in Louisiana and Mississippi after Hurricane Katrina ravaged the area.

I don’t know enough about Capka to say Kerry should vote for him, or that his nomination should be approved. But the man’s record of service for the United States here and abroad, as a civilian and as a soldier, gives him the right to a fair hearing where any doubts about his capabilities can be answered directly, rather than in the press. Of all people, Senator Kerry should see this, having had his own stellar record of national service so viciously and unfairly maligned in the presidential campaign.

Senator Kerry should withdraw his blackball and give this man a chance to be heard. Ask tough questions and vote your conscience, but don’t slam the door on a man who has served so well and so long just to roil the political waters. We have to be better than that. All of us.

March 2006

Those Evil Lobbyists

One of my favorite political action organizations recently sent me an electronic missive, encouraging me to urge my Congressman to support legislation that would ban all gifts, free meals, and free travel for our elected representatives.

In the wake of the Jack Abramoff debacle, it seemed like a really good idea. At first.

Then doubts began creeping in. Would my Congressman or Senator trade a vote on an issue because somebody bought him a nice steak dinner? Think of all the people you’ve entertained for dinner who didn’t do business with you or stopped doing business with you not long after. Chances are, most of them had more of a conscience than any professional politician and they had no trouble eating and running.

No, I don’t think a free meal or even several days of free meals would corrupt my Congressman or yours either. It just gets somebody access to the congressman for an extended period of time. Is that bad? I think not, even though I might not agree with many of the lobbyists who get the dinner dates.

In point of fact, I don’t see how a Congressman or Senator can learn about the needs of the hundreds of special interest groups that represent a full spectrum of American citizens without listening to their various representatives. In business, we all do it because it’s important. Communication is how we learn, and for national politicians, seeing beyond the much-maligned Beltway is critical to the needs of the country and their constituents.

So, no, I don’t mind if my representatives and yours break bread with a, gasp, lobbyist.

Would my congressman sell his soul for an expenses-paid trip somewhere? Well, the expensive golf trips to exotic locations that got so much publicity during the Abramoff revelations don’t look good, but I have two reservations about banning such junkets altogether. First, as a practical matter, it’s hard to imagine that anyone who went on such a trip wasn’t already a “friend” of the sponsor.

Second, I can’t stand the thought that new ethics legislation might keep politicians from visiting construction job sites, or even, on a grander scale, from visiting places in Europe or Asia where they might be exposed to a different way of doing things. Would they get there anyway if we banned junkets and gave them nice travel budgets? Maybe, but it would still be a lobbyist that would sell them on where to go and what to see.

And would we taxpayers foot a bigger travel budget? In a country that doesn’t want to pay a nickel more for social programs, education, war, or anything else, it’s hard to picture an electorate willing to underwrite Senator Smith’s trip to Paris, even if it is a cheaper way to introduce him to pervious pavement than building three lane miles of it.

Did the politicians and aides entertained by corrupt lobbyists change their votes because they had a good time in paradise, or did they get the trips to paradise because they were already on board? Were the corrupted politicians and aides corrupted by lobbyists or were they already on the make?

At a recent press luncheon hosted by the Associated Equipment Distributors, Christian Klein, the association’s chief lobbyist, was asked what lobbying reforms he thought we needed. His answer came in two parts. First, he said, you have to ask if the egregious acts of this scandal were against existing laws. The answer is, apparently, yes.

Second, said Klein, if he could change one part of the system it would be to lengthen the period of time a politician or senior staffer has to wait after leaving government before they can become a lobbyist calling on their former associates.

Sounds like good advice to me. Of course, AED comped me a nice lunch, and if you’re thinking a Congressman would sell his soul for the surf and turf, what would a mere editor do?

February 2006

After the Fuel Tax

Few things about transportation’s future are more unsettling than the thought that the fuel tax, the foundation for modern road and light rail mass transportation in America, may no longer be a viable funding source in the future.

As motor fuel has become expensive, the attractiveness of highly efficient cars has increased, raising the specter of a future in which a vast fleet of 50-mpg hybrids produce a fraction of the tax revenue per mile that today’s fleet of cars and SUVs produce.

While some in the environmental lobby who haven’t gotten any deeper into this subject than the slogan of the day might think this is an attractive prospect, the truth is that the first casualty of this scenario would be the transportation form environmentalists hold most dear: mass transit. Generations of smelly, dirty, polluting, gas guzzling cars and light trucks have funded a lot of the mass transit construction in this country, and the rest has come from general revenues. Few mass transit systems even cover their own operating expenses, much less produce revenues for capital investment.

Similarly, the inability to expand the capacity of the highway system due to lack of funding would not be likely to reduce congestion or enhance air quality. Indeed, congestion would almost certainly get much, much worse, reducing any air quality benefits that might be derived from the transition to more fuel efficient cars.

It’s also hard to see much benefit accruing to anti-tax groups, the other force opposing significant investment in transportation infrastructure in years past. True, a red-blooded anti-taxer could reduce his annual fuel tax bill from, say, $150 to $75 by switching to a super fuel-efficient vehicle, but at what cost? Longer commuting times. Less predictable trip times. Increased aggravation. Higher costs for retail goods as delivery costs increase.

The rest of us just want a transportation system that works, and even we will be uncertain about some of the fuel tax substitutes that are being bandied about. The most futuristic is a tolling system that would use sensors in your vehicle and in the roads to tax each of us according to the miles we drive. It gets high marks for fairness and slickness, assuming the technology evolves. But that technology might be easy to cheat on, and if it isn’t, what about the privacy issues? Such a system would seem to lend itself to creating a history for each of us, delineating where we have been every day and hour we have ever driven somewhere. A lot of people will have trouble with that.

Enforcement wouldn’t be easy, either. How much could government invest in employees to chase down deadbeats, especially if their debts are in the $100 a year range or less? It would be very hard to get any return on the collection investment, it seems.

Other measures are variations on traditional taxes, focusing on vehicle-related services and products. They are do-able at some level of taxation, but not at radically high ones. If you tried to put the equivalent of a cigarette tax on batteries and tires, for example, you might just create a new black market.

Solutions will be found to the diminishing returns on the fuel tax, but they will almost certainly be piecemeal and not nearly as elegantly fair and equitable as the fuel tax era has been.

January 2006

Expanding Your Solution Base

Generally, I think taxpayers are well served by the risk-averse tendencies of most road and bridge agencies. While their conservatism means it takes forever to change mix designs and pavement strategies, it also means they don’t fall for gimmicks and rarely invest public money in experimental pavements that fail.

On the other hand, it strains credibility that nearly a decade after the creation and federal certification of Superpave, there are still some states and many local governments that have not used the stuff, even though its merits have been proven time and again. There’s a difference between conservative management of public funds and pure resistance to change.

As a taxpayer, I would like my state, county, and local road agencies to set aside a portion of each year’s budget to explore new pavement and traffic management technologies on a scale large enough to reap meaningful results and small enough not to kick us in the head if the project fails.

I want this because I think it’s more cost effective to have a lot of proven solutions to road management challenges than to have just a few. I also think that when you test something new, it’s not just the materials or the machinery that’s being tested, it’s also the ability of area contractors or suppliers to implement the new stuff in an efficient manner.

That said, here are some of the technologies I’d like my road agencies to be working with, at least on a demonstration project basis, over the next few years.

New asphalt solutions. Superpave is widely used here, and I’d like my local agencies to be laying stone matrix asphalt on higher volume surface streets serving business districts and commercial parks. Traffic volume is very high in this Chicago suburban area, and anything that lengthens the time between mill-and-fill interventions will help our traffic congestion problem.

I would also like to see local agencies install some strips of full-depth asphalt pavement when they replace concrete roads, especially in commercial areas. Concrete is a great pavement and it lasts almost forever, but when it has to be replaced, the process can be long and involved and crippling for retail businesses fronting on the street under construction. Local pavement managers should know if full-depth asphalt is a viable option or not.

New concrete solutions. Illinois is already a big user of concrete for high-load, high-volume roads, and the state has made a big commitment to continuously reinforced concrete for Chicago-area expressways. The cost is high, but the smoothness of the newer roads is pleasing and practical.

Now, I’d like to see our agencies explore the potential for roller-compacted concrete on secondary roads and perhaps commercial drags. One of the pioneer contractors in RCC paving once told me he thought he could match asphalt smoothness and installation time if he could get an agency to write a spec that allowed him to pave in lifts, like asphalt. I say, let’s test this. If it works, it would make an interesting and valuable alternative in many pavement replacement situations.

Pavement recycling. The suburbs I travel make extensive use of mill-and-fill and overlays, and they do a good job of recycling old asphalt by blending it into new mixes. But in-place asphalt recycling is almost unknown hereabouts — no doubt because of the near proximity of hot-mix plants, and the plentitude of milling and paving contractors. On the other hand, hauling the tailings 10 miles from a milling project to a plant, then 10 miles back in this area’s traffic is not an ideal solution. For many miles of local roads, it should be more cost effective to employ hot-in-place recycling.

Similarly, I’d like to see local agencies employ full-depth reclamation when they replace asphalt roads just to get a higher quality base for a lot less money than a total reconstruction.

No, I’m not second-guessing the professionals who manage the pavements I use every day. I’m just asking them to know all the options available to them for any particular challenge, and to invest a reasonable amount of money each year in looking for ways to expand and improve their list of options. I think your taxpayers would ask the same of you, too.

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