Friday, May 23, 2008

Governor Reportedly Pondering Special Session To Curtail Power Of Sub-Regional Planning Commissions

by Vince Leibowitz
Capitol Annex
Copyright 2008

There are rumblings in the Capitol that Texas Governor Rick Perry is looking at the possibility of calling a Special Session of the Texas Legislature to curtail the power of Regional Planning Commissions.

Why? Because Sub-Regional Planning Commissions have become the latest weapon in the arsenal of opponents of the Trans-Texas Corridor.

Perry is reportedly considering calling a special session on transportation issues with altering Chapter 391 of the Texas Local Government Code being the session’s number one priority.

Chapter 391, the codification of the Regional Planning Act of 1965 codified by the 59th Texas Legislature, has a proviso that has become particularly nettlesome to proponents of the Trans-Texas Corridor, Chapter 391.009(c):

In carrying out their planning and program development responsibilities, state agencies shall, to the greatest extent feasible, coordinate planning with commissions to ensure effective and orderly implementation of state programs at the regional level.

Because these commissions are considered political subdivisions of the state, they are on equal footing with state agencies like TxDOT.

One Sub-Regional Planning Commission in particular, the Eastern Central Texas Regional Sub-Regional Planning Commission, has become a particularly nettlesome thorn in the side of TxDOT. They have demanded, in a 28-page missive, that TxDOT conduct another Environmental Impact Study specific to their region. TxDOT, of course, is required under the National Environmental Policy Act, to conduct an EIS, and the current Draft Environmental Impact Study for TTC-35 is, according to the ECTRSRP, “deficient in issue analysis.”

Whether Perry will call the special session or not remains to be seen, but Austin sources tell Capitol Annex that the issue has been discussed between TxDOT and the governor’s office.

The funny part, however, is that the existing sub-regional planning commissions would be grandfathered, but legislative action could severely clip their wings and possibly stop new SRPCs from either forming or acting so boldly.

© 2008 The Capitol Annex www.capitolannex.com

Thursday, April 3, 2008

The Road Ahead: Group fighting Trans-Texas Corridor

By CLAY COPPEDGE
Country World News
Copyright 2008

As proposed by Gov. Rick Perry in 2002, the Trans-Texas Corridor (TTC) would consist of a series of six-lane highways criss-crossing the state with separate lanes for cars and commercial trucks, high-speed rail lines and utility corridors. Each corridor could be as wide as 1,200 feet. The TTC is touted by Perry and other state officials as the best way to relieve traffic congestion on the state's highways.

If members of a small group with a long name - the Eastern Central Texas Sub-Regional Planning Commission - have their way, the highways will never get built. By utilizing a little known state law, the commission is ensuring the state hears what the commission has to say about the corridor.

The Texas Local Government Code, Chapter 391, requires state agencies "to the greatest extent feasible" to coordinate with local commissions to "ensure effective and orderly implementation of state programs at the regional level."

The Eastern Central Texas commission was formed in August of last year to battle TTC-35, the first leg of the proposed TTC system, which would run about 600 miles from Gainesville to Laredo, roughly parallel to IH-35.

The commission consists of mayors Mae Smith of Holland, president of the commission, Arthur White of Bartlett, Ronnie White of Little River-Academy and Billy Crow of Rogers along with Holland business owner Ralph Snyder. Five non-voting members are also included on the commission.

The commission has met twice with representatives of the Texas Department of Transportation (TxDOT) and the Environmental Protection Agency (EPA). Smith said the meetings were productive.

"We opened some eyes," she said. "When they (TxDOT officials) left our last meeting one of them said, 'We've got to go back and read some things.' All we're trying to do is make sure they work with us and follow the law."

White said that feelings against the TTC run deep in the rural areas that would be most affected. One proposed TTC-35 route would parallel State Highway 95, effectively cutting the towns of Holland, Bartlett, Little River-Academy and others in half.

"For us, this isn't about the money," White said. "It's about being happy. It's about taking up so much of this good river bottom land. It would destroy a lot of farms in this area, and once that land is gone, it's gone. When you come right down to it, we have to eat before we can drive anyway."

Last month the commission took its message and tactics to East Texas to help people in that region mobilize opposition to the I-69 project, a federal project that would cover seven states. The Texas portion would run approximately 650 miles from Laredo to Texarkana. According to the TxDOT website, the Texas part of I-69 will be developed under the TTC master plan.

Smith and Snyder represented the East Central Texas commission at the Lufkin meeting on March 17, which was hosted by the American Land Foundation, Stewards of the Range and Texans United For Reform (TURF). Around 50 people attended the meeting. Participants received a workbook detailing what is meant by "coordination" under Chapter 391, how to form a 391 commission and the correspondence necessary to notify both the state and federal governments of local demands.

"We went to Lufkin and told the people in East Texas that they have to get on the ball and form those commissions now," Smith said. "The Governor can call a special session any time he wants and change that law, because it allows for an effective, legal argument against the Trans-Texas Corridor. Even if we don't stop it, we can delay it for a long time and at least make sure the rural concerns are being heard."

Since that meeting, the City of Groveton in East Texas has passed a resolution to form a 391 commission like the East Central Texas model. Smith said that two more cities could join the commission.

Fred Kelly Grant is an attorney who serves as an advisor to the commission. He is also president of Stewards of the Range, a property rights group.

"This is one of the most important projects in the nation for stopping federal and state government in its tracks and it's all done by local people who represent our views," Grant said.

The TTC proposal has drawn harsh opposition from some cities along the proposed routes and especially from farmers, ranchers and private landowners. A public hearing on TTC-35 held in Temple two years ago drew more than 1,500 people, most of whom opposed the project.

Though no more public hearings are scheduled on the Draft Environmental Impact Study (DEIS) for the I-69/TTC project, TxDOT has extended the public comment period to April 18 (the comment period began in December). TxDOT Executive Director Amadeo Saenz said in a statement on the agency's website that the agency has held 95 environmental meetings and hearings on I-69/TTC and received more than 14,000 comments.

TxDOT is in the process of narrowing the study area for the TTC-35 route, according to TxDOT spokeswoman Gaby Garcia.

Smith said the East Central Texas commission and others that form in its wake are not going to go away.

"Like I said, we may not stop them from building the Trans-Texas Corridor, but we're going to keep coming at them," she said. "We're going to show them plenty of reasons why they shouldn't build it. And we're going to make sure they follow the law."

Comments on the TTC can be mailed to: I-69/TTC, P.O. Box 14428, Austin, Texas, 78761 or submitted online at www.keeptexasmoving.com.

© 2008, Country World News www.countryworldnews.com

Wednesday, March 19, 2008

Putting up a roadblock of questions

By LISA FALKENBERG
Houston Chronicle
Copyright 2008

LUFKIN — Mae Smith, the 64-year-old mayor of the teeny Central Texas town of Holland, seized the civic center lectern like a dragon-slayer ascending the throne.

In a fiery red pantsuit and a voice that echoed without the help of a malfunctioning microphone, she and her cohorts revealed to a crowd of about 50 souls clad in denim and plaid a little-known weapon against the foe of all in the room: Gov. Rick Perry's Trans-Texas Corridor.

The weapon, Smith said, doesn't involve marching on the Texas Capitol, like more than 1,000 did last year, some on tractors and horses. It doesn't involve clever Web sites that have been launched with cartoon characters and screaming rainbow text. And it doesn't involve confronting TxDOT big shots at public hearings across the state, like thousands did last year.

No, the mighty sword revealed by Smith is something called the Eastern Central Sub-Regional Planning Commission.

"It's a mouthful," Smith acknowledged quickly of the bureaucratically nebulous name. "You ought to try saying it with a lisp."

Re-conquest of Texas

Smith insists that such a commission is the best way for rural communities to empower themselves and fight the massive highway-tollway-rail project, slated to cover 4,000 miles, cost up to $183 billion and take a half-century to build.

The corridor, pitched by TxDOT as the answer to Texas' urban traffic crisis, is perceived by many rural folks as a land grab, an assault on rural life, the Spanish re-conquest of Texas by the Madrid-based company Cintra, which won the first contract.

But since Smith and three other mayors of nearby towns in Bell County formed their nine-member commission in August, they've already had an influence on the process.

Just since October, several representatives from the Texas Department of Transportation have traveled to Holland — population 1,180 — to meet with Smith and her cohorts, not once, but twice, to discuss citizens' concerns over the project. The most recent chat lasted four hours.

The fine folks of the Environmental Protection Agency paid a visit in January.

"They wouldn't be coming to us if they didn't have to and if a law wasn't on the books saying they had to," Smith said.

The law to which Smith is referring is found in Chapter 391 of the Texas Local Government Code. Strengthened in 2001, the provision requires state agencies, "to the greatest extent feasible," to coordinate with local commissions to "ensure effective and orderly implementation of state programs at the regional level."

In other words, the law may require TxDOT officials to sit in a room for hours, months, years, maybe even decades, as members of the Eastern Central Sub-Regional Planning Commission dwell on how the corridor might affect their water lines, EMS response times and any unforeseeable impact on their rural way of life.

ECSRPC commissioners plan to prolong the "coordination" process until, as Smith puts it, "they do it right or change their mind. I have no time limit, honey."

If all goes according to plan, the mighty Trans-Texas Corridor will succumb to a death by a thousand questions.

And the plot becomes all the more menacing if other rural towns across Texas join in, which was the goal of Smith's Monday speech in Lufkin.

"Delay is victory!" was a common battle cry to the crowd.

The workshop, entitled "How to Fight the TTC," charged participants up to $30 a pop for a barbecue lunch and step-by-step instructions on how to create a commission of their own. It was sponsored by corridor foes such as the American Land Foundation, Stewards of the Range and Texans Uniting for Reform & Freedom (TURF).

The folks at TxDOT don't appear to be flipping on the hazard lights just yet. Spokesman Chris Lippincott said his agency would happily meet or exceed legal requirements to coordinate with such commissions. But he questioned any intentions of commissioners who want to use the law for — in my words — evil rather than good.

"My understanding, and I haven't read the law, but they're not called 'obstruction committees'; they're called coordination committees," he said.

'Time is of the essence'

"I don't profess to be able to predict whether or not they could stop the project, but again, the law, it's not found in the 'how to stop a road' section of the state law," he said.

There's no doubt in the minds of some who attended the workshop. A few conspiracy theorists even preached that "time is of the essence" because, when the governor gets wind of their scheme, he could call a special session to change the law.

Paul Hale of Cass County, northeast of Lufkin, got so wound up at the historic significance of thwarting the TTC that he proclaimed it on par with the "Roman highway debacle" — whatever that means.

But if he and others intend to spread the word, their first order of business should be drawing more than 50 people to the meeting.

© 2008, Houston Chronicle: www.chron.com

Tuesday, January 15, 2008

Toll Road Privatization May Result In More Crashes On Other Roads

ScienceDaily
Copyright 2008

Privatizing toll roads in the U.S. may result in significant diversions of truck traffic from privatized toll roads to "free" roads, and may result in more crashes and increased costs associated with use of other roads, according to a new study.

The study used data from the State of Ohio, the Federal Highway Administration, and the Ohio Turnpike to predict annual Turnpike truck vehicle miles traveled, and therefore diverted vehicle miles, based on National truck traffic and Turnpike rates. The researchers then compare estimated truck traffic diverted from the Turnpike to truck traffic on Ohio road segments on possible substitute routes.

Both economic models support the hypothesis that rate increases divert traffic from toll roads to "free" roads.

"While recently privatized roads do not have enough history to determine how high actual rates will rise, adequate data do exist to determine what happens when toll rates increase dramatically on state-run toll roads," says co-author Peter Swan, Assistant Professor of Logistics and Operations Management at Penn State's Harrisburg campus.

The study concludes that if governments allow private toll road operators to maximize profits, higher tolls will divert trucks to local roads, depending on the suitability of substitute roads. The authors estimate that for 2005, a for-profit, private operator of the Ohio Turnpike could have raised tolls to roughly three times what they were under the public turnpike authority, resulting in about a 40% diversion of trucks from the Ohio Turnpike to other roads.

"The Ohio Turnpike substantially increased tolls during the 1990s to help finance construction of a third lane in each direction over substantial portions of the Turnpike," the researchers say. "Because the Ohio Turnpike raised its rates for trucks in the 1990s and later lowered them again, sufficient data exist to calculate a demand curve for the Turnpike based on demand and the toll rate. We then use the resulting demand curve to estimate diversion of trucks caused by the changes in the toll rates and to forecast how toll rates might affect Turnpike truck revenue."

The number of diverted trucks is important to both the State of Ohio and the Nation for economic and social reasons.

  • First, many of the substitute roads are two-lane highways with crash rates many times that of the Turnpike.
  • Second, the increased traffic has reduced the quality of life for communities located along diversion routes and dramatically increased the maintenance costs of many of these roads, say the researchers.
  • Finally, higher truck tolls have two negative effects on the economy. Motor carriers eventually pass all tolls to consumers in the form of higher prices for goods. While higher toll rates may not decrease the efficiency of non-diverted trucks, they have raised costs.
  • Furthermore, diversion reduces the efficiency of these trucks because they clearly are taking a second-best route. The resulting loss of efficiency can stifle economic activity, according to the study.
Many of these economic and social costs may not be considered in future leases or sales, especially when such costs are paid by people in states other than the one making the lease agreement.

The study researchers question whether it makes good policy sense to substitute the existing fuel tax-based system of funding road infrastructure with a system that uses widespread tolls and to grant long-term leases to private enterprises that will operate them for profit.

"The combination of inadequate maintenance, lack of capital for new capacity, and ever-growing demand has led to renewed calls for tolls," Swan and Belzer state. "It is curious that national policy clearly supports sales or long-term leases of roads to private parties when such negative results can be expected.

"It does not appear that the U.S. Department of Transportation has considered how far tolling and highway privatization should go ... how such a market-based system of interstate highways will affect the parallel system of publicly-owned state and local roads ... or the effect of private tolling on interstate commerce - unless U.S. DOT is already committed to the toll-based funding for all roads."

"If the true problem is that political leaders are unwilling to face the voters with the reality that there is no free lunch, then the problem we seek to solve by tolling and privatization will not solve the problem at all. In fact, our research suggests that it will only make the problem worse," Swan and Belzer say.

Peter Swan of Penn State -- Harrisburg and Michael Belzer of Wayne State University presented the findings of their study, "Empirical Evidence of Toll Road Traffic Diversion and Implications for Highway Infrastructure Privatization" on Jan. 14 at the 87th annual meeting of the Transportation Research Board in Washington, D.C.

© 2008 ScienceDaily:www.sciencedaily.com

Friday, August 24, 2007

Four Cities Form Commission to Stop the Trans-Texas Corridor

Contact: Mae Smith, President 254-657-2460

Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC)
Copyright 2007

In an unprecedented move, the four cities of Bartlett, Holland, Little River-Academy, and Rogers formed the Eastern Central Texas Sub-Regional Planning Commission (ECTSRPC) on Wednesday to fight the Trans-Texas Corridor.

“This is one issue all four cities are united behind to save our rural way of life,” stated the newly elected president Mae Smith, Mayor of Holland, Texas. Other members of the board include Arthur White, Mayor of Bartlett; Ronnie White, Mayor of Academy; Rev. Billy Crow, Mayor of Rogers; and Ralph Snyder, business owner from Holland.

“The purpose of this Commission is to give us a voice in this process. It’s our land that the Texas Department of Transportation and our Governor want to take and we are not going to let them pave us over and ignore the concerns of our communities,” stated Snyder.

The Trans-Texas Corridor will confiscate between 5,000 and 7,500 acres in Bell County alone, while destroying another 50,000 acres of farmland between San Antonio and the Texas- Oklahoma border. The Texas Legislature created the TTC in 2003, and ever since landowners have been fighting to protect their rights.

The commission was formed using the Texas Local Government Code, Chapter 391, which allows cities and counties to form regional planning commissions to work together to develop plans for their local region and to force the state agencies to coordinate with their activities.

Under Chapter 391.009(c), TxDoT is required to coordinate with commissions to ensure effective and orderly implementation of state programs at the regional level. “TxDoT must coordinate with us before they can implement their plans in our region,” said Ronnie White, treasurer of the newly formed commission. “The TTC is driven by greed and has no respect for our rural way of life,” White continued.

Under state law, TxDoT will be required to work with the ECTSRPC and coordinate their plans with the local group before any land is taken or any construction begins. “If not, they are in violation of the state statute and we are prepared to take them to court if necessary,” explained Smith.

The individual cities have also requested that the Environmental Protection Agency reject the Draft Environmental Impact Statement submitted by TxDoT, because the agency did not coordinate with local government as required under the federal law.

To learn more on how to form a Texas Regional Planning Commission in your area, or to request the EPA reject the DEIS on the Corridor, call:

American Land Foundation: (512) 365-2699
or
Stewards of the Range: (512) 365-8038

IMPORTANT LINKS
State Strategy

Letters to TX Department of Transportation:

Federal Strategy

Letters to EPA:

© 2007 Stewards of the Range: www.stewards.us