States Counterplan Generic States Solvency States Solve – Funding States solve best – Flexible funding mechanisms allow for innovation Dickers and Mattingly, 09 Dickers, Greg, and Justin Mattingly. "How States and Territories Fund Transportation."Ibtta.org. IBTTA, 2009. Web. 28 June 2012. <http://www.ibtta.org/files/PDFs/How%20States%20fund%20transportation%20strategies.pdf>. Recognizing the need for new ways to complement and address gaps in traditional funding sources, states are looking to a number of innovative funding and financing tools for transportation. According to the Federal Highway Administration (FHWA), innovative financing encompasses a combination of techniques and mechanisms that include new or nontraditional sources of revenue; new financing mechanisms designed to leverage resources; new funds management techniques; and new institutional arrangements. 38 It also includes new approaches to more traditional instruments, such as new bonding authorities and congestion-pricing-based tolling. Leading categories of new and innovative transportation funding and financing include the following: New debt financing strategies, including new bonding authority, federal credit assistance, and state infrastructure banks; Congestion and cordon pricing; Public-private partnerships; Vehicle miles traveled fees; and Other programs such as international vehicle emissions fees, impact fees, container fees, and traffic camera fees States Solve – Bonds State governments can utilize bonds to effectively construct transit facilities Atlanta Regional Commision. No Date. "Financing Transportation." Atlantaregional.com. Atlanta Regional Commision, n.d. Web. <http://www.atlantaregional.com/transportation/financing-transportation>. The State of Georgia also issues bonds to construct roads and transit facilities. Bonds are a valuable tool enabling needed facilities to be built sooner than the traditional pay as you go method. Bonds can be backed and transportation projects can be funded from a variety of anticipated state revenue sources including state motor fuel funds, federal transportation funds, toll revenue, or any combination of these sources. The most recent State bonding program for transportation investment was Governor Sonny Perdue’s Fast Forward Congestion Relief Program, which is a 6-year $15.5 billion program enacted in 2004 to relieve congestion and spur economic growth through the acceleration of programmed projects. It is important to note that bonds are not new sources of funding but are used to optimize cash flow and build infrastructure sooner than current revenues could allow. Bonds must be paid back over time out of future revenues from taxes or user fees. Solvency-Private Activity Bonds can fund state transportation Dickers and Mattingly, 09 Dickers, Greg, and Justin Mattingly. "How States and Territories Fund Transportation."Ibtta.org. IBTTA, 2009. Web. 28 June 2012. <http://www.ibtta.org/files/PDFs/How%20States%20fund%20transportation%20strategies.pdf>. Private Activity Bonds (PABs) were authorized for highway and intermodal transfer stations in 2005. That year, the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) amended the Internal Revenue Code to include “qualified highway or surface freight transfer facilities” as eligible projects for tax-exempt private activity bonds (PABs), which can finance projects that meet certain public purpose criteria. In other words, any conceivable highway project, as well as intermodal transfer stations, is eligible for PABs. Tax-exempt PABs are limited to straight-line depreciation, and only 25 percent of the funds can be used for real estate. The total amount of private activity bonding that a state can issue is subject to annual federal limits. 45 Currently, the nationwide volume cap for PABs is $15 billion, as authorized by SAFETEA-LU. States Solve – GARVEEs State funding best - Grant Anticipation Revenue Vehicles can fund transportation investment Dickers and Mattingly, 09 Dickers, Greg, and Justin Mattingly. "How States and Territories Fund Transportation."Ibtta.org. IBTTA, 2009. Web. 28 June 2012. <http://www.ibtta.org/files/PDFs/How%20States%20fund%20transportation%20strategies.pdf>. Grant Anticipation Revenue Vehicles (GARVEEs) GARVEEs, or GARVEE bonds, are any debt financing instrument (bond, note, by a state whose principal and interest are repaid primarily by future federal-aid funds. 41 Authorized under Section 122 of Title 23, U.S. Code, GARVEEs generate up-front capital for major transportation projects at tax exempt rates. They can be used for almost any highway project or transit project, including the purchase of transit vehicles or connections to intermodal ports and stations. 42 Before their creation in 1995, states could not use federal-aid funds to support bonding. As of 2008, 30 states and territories were authorized to use federal-aid funds provided under Section 122 Title 23, U.S.C. GARVEE bonds, with 32 issuances worth $9.3 billion, or approximately 40 percent of state bonds for transportation purposes. 43 An additional five states issued eight “indirect” GARVEEs that pledge other future certificate, mortgage, or lease) issued sources of federal highway funds for debt service and repayment. Through the end of 2007, the total dollar amount of state GARVEE-related transactions had grown to $7.6 billion. Individual issuances range from relatively small amounts of under $40 million in New Mexico and Ohio to extremely large issuances of over a half-billion dollars in California, Colorado, and Georgia. A $750 million GARVEE issuance has been approved for a single project in Maryland. States Solve – TIFIA The Transportation Infrastructure Finance and Innovation Act makes funding most efficient Dickers and Mattingly, 09 Dickers, Greg, and Justin Mattingly. "How States and Territories Fund Transportation."Ibtta.org. IBTTA, 2009. Web. 28 June 2012. <http://www.ibtta.org/files/PDFs/How%20States%20fund%20transportation%20strategies.pdf>. Through the Transportation Infrastructure Finance and Innovation Act (TIFIA) loan program, the federal government provides credit assistance for nationally or regionally significant transportation projects. TIFIA provides three forms of assistance to eligible state project sponsors: direct loans, loan guarantees, and lines of credit. TIFIA credit assistance can cover up to 33 percent of total project costs. Eligible projects must be supported at least partially with user charges or other nonfederal, dedicated funding sources and must be designed to attract private investment in transportation infrastructure. 51 As of April 2009, 17 projects in 12 states and territories have used TIFIA financing worth $6 billion. In Texas, for example, a TIFIA loan agreement was executed with a private partner to construct two segments of a new 91 mile tollway. About one-third of the project’s $1.3 billion total cost is a direct TIFIA loan, 15 percent of the cost is borne by the private partners, and a little more than half comes from bank loans. 52 States Solve – Decentralization State action solves - Decentralization allows for innovation at the local level which is key Edwards 11 Edwards, Chris. "Federal Infrastructure Investment." The Cato Institute. The Cato Institute, 16 Nov. 2011. Web. 27 June 2012. <http://www.cato.org/publications/congressional-testimony/federal-infrastructure-investment>. The U.S. economy needs infrastructure, but state and local governments and the private sector are generally the best places to fund and manage it. The states should be the "laboratories of democracy" for infrastructure, and they should be able to innovate freely with new ways of financing and managing their roads, bridges, airports, seaports, and other facilities. It is true that — like the federal government — the states can make infrastructure mistakes. But at least state-level mistakes aren't automatically repeated across the country. If we ended federal involvement in high-speed rail, for example, California could continue to move ahead with its own system. Other states could wait and see how California's system was performing before putting their own taxpayers on the hook. A big step toward devolving infrastructure financing would be to cut or eliminate the federal gasoline tax and allow the states to replace the funds with their own financing sources. President Reagan tried to partly devolve highway funding to the states, and more recent legislation by Rep. Scott Garrett (R-NJ) and Rep. Jeff Flake (R-AZ) would move in that direction.15 Reforms to decentralize highway funding would give states more freedom to innovate with the financing, construction, and management of their systems. States Good – Economic Flexibility CP Solves - states needed for our economy – Washington fails to solve current issues Jennifer Bradley, Bruce Katz, and Amy Liu, November 2010, Metropolitan Policy Program, Great Lakes Economic Initiative directors/ contributors, Cato institute, Delivering the Next Economy: The States Step Up, http://www.brookings.edu/research/papers/2010/11/17-states-next-economy, [6/26/12]) 37 governors, many of them new, will take office facing daunting challenges, including many immediate needs for which there is precious little time or money to meet. But at the same time, they have an opportunity to lead their states, and the nation, into the next economy, which must be driven by exports, powered by low carbon, fueled by innovation, rich with opportunity. An economy with those characteristics will also be metropolitan-led. Leadership at the state level will be crucial, as the political environment in Washington, DC is very likely to produce little more than partisanship and rancor . We must instead rely on the kind of innovation at the state level that has so often propelled our federalist system. In January, Deeper budget cuts and more public sector layoffs will not re-balance and re-start our economy. Only wise, strategic investment does that. States should, therefore, do three things to revive their state economies and lay the groundwork for future prosperity: 1) Invest in new ways to support the assets that drive the next economy. The next economy will be created through smart public and private interventions around the assets that matter: innovation, human capital, infrastructure and quality of place. Making these investments requires significant policy reforms because current policies are out of synch with both the changing structure and metropolitan geography of the economy. Thus, states will likely need a new network of market-oriented, private-sector-leveraging, performance-driven institutions. These investments and institutions do not necessarily require new public resources, but they do demand that existing dollars be spent in a sharper, more targeted, metro-aware fashion. 2) Cut to invest to jumpstart the transition to the next economy. At this point in the state fiscal crisis, the simple cuts and program reorganizations have been made already. Now, new or incumbent governors have to make some tough, long-delayed decisions. This includes shifting money out of legacy programs that lack accountability, do not focus on metros, or are not oriented to the next economy, and using it to support the assets that matter, such as education, innovation, and infrastructure. Governors may also need to turn to voters for new dedicated taxes or other new sources of state revenue, validated by voter referenda. 3) Leverage investments through smart metropolitan strategies. The benefits of state investments are amplified when they are aligned with the specific advantages of particular metropolitan areas, whether that is a group of interconnected firms in a particular economic sector, or strength in fast-growing service exports, or globally powerful research institutions or community colleges that develop customized job training. States can provide rich, comparable data sets to help metropolitan areas quickly understand market strengths. They can provide small investments in regional capacity, such as cluster grants. Perhaps most critically, states can break out of agency silos that no longer match economic or geographic imperatives and create crossagency teams that focus on delivering what regions say they need to succeed. None of these efforts are especially expensive: most of them aim to use existing resources in a more targeted and efficient way. While the current political climate in Washington makes major reforms difficult there are some tasks that the federal government must take to help states and metropolitan areas move forward in the next economy. The federal government must modernize the tax code to stop encouraging consumption and instead fostering production. It should commit to new investments in transportation. And it could reprise a familiar bargain with states and metros: more flexibility to experiment in return for stricter The next decade will be one of the most disruptive in American history, given broader trends of global restructuring, demographic transformation, low carbon imperatives and technological possibilities. For political, fiscal, and structural reasons, neither metros, nor states, nor Washington can rise to the accountability standards. complexities of the moment by themselves. But for these same political, fiscal and structural reasons, the states are best positioned to take the lead in bringing the nation into the next economy. “The States Step Up” is the first in a series of policy innovation briefs that will be coming from the Metropolitan Policy Program in the months ahead. Future briefs will provide detailed recommendations on how states can wisely and cost-effectively support regional industry clusters; bolster exports; devise new approaches to infrastructure spending; promote advanced manufacturing; connect higher education and workforce development; repurpose urban land to spark an economic revival; and overhaul their patchwork of local governments. Over time, the series will address longer-term initiatives, highlight policy innovations that a particular state or handful of states have pioneered and that other states should endeavor to replicate, and explore ways that federal and state governments can coordinate their efforts to advance the next economy. Public-Private Partnerships P3s Solve – Risk Mitigation Public-Private Partnerships minimize risk and allow for better transportation infrastructure Department of Transportation, "REPORT TO CONGRESS ON PUBLIC-PRIVATE PARTNERSHIPS." FHWA. United States Department of Transportation, Dec. 2004. Web. 26 June 2012. <http://www.fhwa.dot.gov/reports/pppdec2004/#3>. Traditionally, much of the risk associated with the design and construction of a transportation project is borne by the government. However, public-private partnerships allow for some of the project risk to be borne by the private sector. The goal of project developers should be to allocate risk to the party best able to manage it. Proper allocation of risk will result in lower overall risk for the project.[94] And lower overall risk will allow the public-private partnership to save costs and accelerate delivery of a project. The key to proper risk allocation is determining which risks are best carried by the public sector and which should be transferred to the private sector. Risks can be determined and allocated using a myriad of methods. One approach is through the use of performance specifications for warranty and design-build projects. Performance specifications allow the State highway agency to establish desired quality and outcomes and to allocate risk sharing and liability issues between the contractor and the State Highway Agency (SHA).[95] For example, by using a warranty, a State can shift the responsibility and risk for maintaining an acceptable level of pavement quality over a specified period to the contractor.[96] Warranties also lower the owner’s risk by providing assurance that the contractor will correct early failures from material or workmanship that may have escaped notice during construction.[97] When private road builders are also responsible for subsequent operations and maintenance, they have incentives to build roadways that are designed to meet the specific demands and characteristics of users.[98] Assigning risk to the appropriate party enhances the ability of the m public-private partnership to deliver a project sooner than under the traditional contracting method. Proper allocation of risk allows for acceleration of projects with schedule and budget assurance.[99] When the public sector builds a project under the traditional design-bid-build approach, the public sector makes all decisions regarding the provision, production, and financing of assets as well as the operation and maintenance of the services.[100] As a result, very little opportunity exists for the private sector to assume project risk. In contrast, a public-private partnership allows the private sector greater control over the design, construction, operation and maintenance of the facility. With this additional control over the facility comes increasing ability to absorb risk. When considering risk and negotiating a risk allocation position, the public sector entity should prefer to contract with a single party which is fully accountable to government for all contracted services.[101] From a government point of view, risk transfer is most effective if there is a ‘whole of cycle’ contract with a single private party, to give that party the strongest incentive to ensure that the design and construction phases convert into a highly effective operation for delivery of a project.[102] P3s Solve – Financial Regulation Partnerships solve best by reducing financial restrictions on infrastructure Aecom Consult Team 07 Case Studies of Transportation Public-Private Partnerships in the United States. Case Studies of Transportation Public-Private Partnerships in the United States. Federal Highway Administration, 7 July 2007. Web. 26 June 2012. <Case Studies of Transportation Public-Private Partnerships in the United States>. Many projects proposed by public entities are postponed or do not proceed due to limited financial resources, and in particular, the provision of upfront capital. PPPs provide an advantage with respect to financing by allowing the private sector to finance projects using private funds, in effect providing a form of off-balance sheet financing for public agencies. In turn, financing commitments from the private sector often bring forward the development of projects that may otherwise not proceed due to a lack of capital. P3s Solve – Timeframe CP Solves best – private sector partnerships save time which allows increased flexibility DOT DEC 04 United States Department of Transportation. By DOT. Federal Highway Administration, Dec. 2004. Web. 26 June.<http://www.fhwa.dot.gov/reports/pppdec2004/#3b>. The benefits of public-private partnerships are not limited to cost savings. By providing access to alternative financing sources, public-private partnerships can facilitate the construction of projects that might otherwise have been delayed or not built at all. In addition, the same efficiencies that produce cost savings often enable projects to be constructed faster. Completing a project faster minimizes public inconvenience and traffic disruption. In addition, a project constructed earlier than scheduled produces public safety benefits. Work zones are removed faster and the public is able to benefit from the additional capacity and safety improvements sooner. This section discusses the benefits a public-private partnership contributes to design and construction time-savings. The Battelle Report showed that innovative contracting methods can result in as much as a 50 percent time reduction in project duration when compared to the traditional design-bid-build approach. For some projects this time-savings is a result of the innovative financing methods brought to the project by the private sector member of the team. The public-private partnerships can bring additional capital to a project and enable States to build transportation projects that they want and need to build, but are prevented from doing so due to fiscal constraints. Following is a discussion of public-private partnership methods and specific examples of projects built using public-private partnerships that realized significant time-savings as a result of innovative financing. Only the CP solves – reduces delays which create inefficiencies Aecom Consult Team 07 Case Studies of Transportation Public-Private Partnerships in the United States. Case Studies of Transportation Public-Private Partnerships in the United States. Federal Highway Administration, 7 July 2007. Web. 26 June 2012. <Case Studies of Transportation Public-Private Partnerships in the United States>. PPPs can expedite the financing and delivery of transportation projects through the involvement of the private sector in these phases of a project, that lower project costs by avoiding inflationary cost increases, applying best practices and new technology, and transferring more technical and other risks to the private sector which is often better able to manage these risks. The private sector has an incentive to minimize construction delays in order to minimize costs and bring forward their revenue stream. Contract conditions including early completion bonus payments and the inclusion of the construction period within the concession period can provide further incentives to bring forward delivery. P3s Solve – Cooperation CP SOLVES BEST- cooperation between the states and companies makes infrastructure most efficient Aecom Consult Team 07 Case Studies of Transportation Public-Private Partnerships in the United States. Case Studies of Transportation Public-Private Partnerships in the United States. Federal Highway Administration, 7 July 2007. Web. 26 June 2012. <Case Studies of Transportation Public-Private Partnerships in the United States>. In comparison to shorter-term procurements methods, PPPs provide the opportunity for public sector agencies and private sector providers to develop long-term, high trust relationships. With the need to concentrate on long-term objectives, there is greater incentive for public sponsors and private providers to understand goals and share information to develop better long-term solutions. Further, the opportunity to develop strong long-term relationships provides a better forum in which to resolve problems and issues. With transportation assets typically having long effective lives, a need exists for the public sector to develop a long term relationship with a provider to assist the development of transportation infrastructure, guide capital expenditure decisions and ensure that assets are maintained, safe and are of high quality upon transfer. However, the development of a long-term relationship will need to account for the possibility that there may be a reduced desire on a providers part to seek the best solution due to the security of the relationship. Public sponsors will also need to be mindful of the partnership proposing and selecting options that minimize damage to the relationship, but may not maximize community benefits P3s Solve – Comparative Public-private partnerships provide cheaper, faster, and higher quality transportation projects than traditional federal guided projects Department of Transportation, "REPORT TO CONGRESS ON PUBLIC-PRIVATE PARTNERSHIPS." FHWA. United States Department of Transportation, Dec. 2004. Web. 26 June 2012. <http://www.fhwa.dot.gov/reports/pppdec2004/#3>. An increasing number of States are discovering the many advantages of public-private partnerships. This chapter begins by highlighting the cost and time savings of projects built using public-private partnership. It then explores the factors that contribute to these savings. These factors include the flexibility to use private sector financing and intellectual capital, the allocation of risk to the party best able to manage it, and the incorporation of life-cycle costs in the price of the project. Public-private partnerships provide greater flexibility in the design, construction and maintenance of transportation facilities through the use of innovative financing, design, and contracting techniques. As a result, they have the potential to deliver higher quality transportation projects faster and cheaper than through traditional contracting and financing methods. Importantly, public-private partnerships can facilitate the construction of projects that have been sidelined due to fiscal constraints. These advantages are discussed in detail below. P3s Solve – Empirics Empirically, P3s have been used successfully in countries throughout the world Department of Transportation, "REPORT TO CONGRESS ON PUBLIC-PRIVATE PARTNERSHIPS." FHWA. United States Department of Transportation, Dec. 2004. Web. 26 June 2012. <http://www.fhwa.dot.gov/reports/pppdec2004/#3>. The value of public-private partnerships is also recognized internationally. Public-private partnerships have been used to a great extent outside of the United States, primarily in Europe. Though the United Kingdom currently implements the most partnerships, other countries such as Norway, New Zealand, Australia, South Africa, Ireland, Portugal, the Netherlands and Finland have also taken the international lead in implementing these programs.[122]Of all highly developed nations, the United States is among those in the earliest stages of public-private partnership implementation. This section examines examples of the value added by public-private partnerships used in other countries. A2 State Spending Partnerships don’t count towards a States debt DOT DEC 04 United States Department of Transportation. By DOT. Federal Highway Administration, Dec. 2004. Web. 26 June.<http://www.fhwa.dot.gov/reports/pppdec2004/#3b>. Another benefit of private investment in transportation projects is that the debt issued by the partnerships is generally not considered debt of the State. It is not backed by State tax revenues and consequently does not jeopardize the State’s ability to issue bonds for other purposes.[67] Debt repayment is typically through revenues from tolls, although the State may use tax revenues to enhance the quality of the credit or to cover other expenses. Bond buyers voluntarily purchase bonds on the basis of the contribution they expect the bonds to make to their portfolios, considering returns, risk, diversification, maturity, tax status, and other factors.[68] For example, when the Dulles Greenway partially defaulted on its debt in 1996, Virginia was not liable for the debt, nor did the debt affect the State’s credit rating. Similarly, both the Pocahontas Parkway’s and Southern Connector’s bond ratings have been lowered to below investment grade; however, this has no effect on either Virginia’s or South Carolina’s credit ratings.[69] But, States that expect to utilize public-private partnerships as part of their long-term financial management strategy have an interest in not letting private bond ratings fall to the point where investors will not purchase future issues. Both the private and public sectors have much to learn about the public's willingness to pay tolls in different situations, and how to manage the risks of short-term revenue shortfalls. National Infrastructure Bank SIB Solves – Generic CP Solves State infrastructure banks effectively work and fund transportation infrastructure Sean Slone, transportation policy analyst at The Council of State, July 5 , 2011, Governments and Doug Myers is an energy and environment policy analyst, Benefits of a State Infrastructure Bank, CGS, http://knowledgecenter.csg.org/kc/content/stateinfrastructure-banks, [ 6/27/12] State infrastructure banks can help states stretch their state and federal dollars and meet the demands of financing large, impactful, long-term infrastructure projects. When government agencies and authorities must seek yearly grants and allocations to finance projects, the completion of those projects can be delayed for months or years. State infrastructure banks can identify, promote and lend money to creditworthy transportation projects to ensure they’re built within a reasonable timeframe and in a financially sustainable way. And because these banks act as a “revolving fund,” more projects can ultimately be financed. When bonding is used to finance a project, the bonds are usually one of two types: revenue or general obligation. Revenue bonds often are used to finance infrastructure projects that have the ability to produce revenue through their operations; for example, new highway lanes that can be tolled or public transit facilities on which fares can be collected. These types of bonds are typically guaranteed by the project revenues, but not by the full faith and credit of a state, city or county. General obligation bonds, on the other hand, are backed by the full faith and credit of the issuing authority. These are used to finance projects that rely on government’s general revenues, such as income, sales and property tax revenue. Cities, counties and states pledge these revenues to issue the bonds and repay them. But the revolving fund aspect of a state infrastructure bank means states can lend funds for projects and receive loan repayments, which can be returned to the system for more project loans. The funding also can be turned into much larger credit lines, multiplying transportation investment capacity. When transportation projects are financed in a traditional way, funds from a state department of transportation or the federal Highway Trust Fund are spent and two types of risk are assumed. Projects are at risk of delay as state officials wait for the state or federal funds to become available, which may increase the costs and delay the project’s benefits. Secondly, states face the risk that a poorly selected project will fail to produce social or economic benefits and tie up scarce capital resources that could have gone to other potentially more successful projects. Both of those risks are diminished with state infrastructure bank financing. First, projects don’t have to wait for funding and delays and cost overruns are avoided. Secondly, a state infrastructure bank has a built-in project evaluation process. Projects are assessed based on their financial viability, which provides a level of economic discipline that is not always present with traditional state project funding. Better, more benefit-producing projects can be the result. State Infrastructure Banks fund state transportation infrastructure best Dickers and Mattingly, 09 Dickers, Greg, and Justin Mattingly. "How States and Territories Fund Transportation."Ibtta.org. IBTTA, 2009. Web. 28 June 2012. <http://www.ibtta.org/files/PDFs/How%20States%20fund%20transportation%20strategies.pdf>. SIBs provide states with a new mechanism to finance large transportation projects through direct loans at attractive interest rates; the revenues from loan repayment and interest are used to fund subsequent loans. One key element of a SIB is that it offers states a flexible funding source, which can be tied to a set of state established criteria that evaluate a project’s benefits (such as economic development) and significance. Thus, SIBs can help states focus their financing assistance on projects that require an accelerated construction schedule; can help them leverage other federal and/or private capital; or help them achieve state objectives such as environmental, economic, or safety benefits. 53 States may capitalize SIBs with funds from a variety of sources, including bonds and up to 10 percent of their federal highway and transit capital funds. SIBs are in place in 35 states, although more than 95 percent of the funding is concentrated in eight states, and one state accounts for more than half. They became widespread in 1998 when the federal government expanded eligibility and provided $150 million in seed funding for initial capitalization. To date, SIBs have provided $6.2 billion in loans for 693 different transportation projects. South Carolina, which established the South Carolina Transportation Infrastructure Bank in 1997, is a leader in SIB financing. In fact, the state represents more than 50 percent of the value of SIB loan agreements nationwide. Ohio used $40 million in state general revenue funds and $120 million in federal highway funds, including National Highway System and Surface Transportation Program funds, to launch its SIB. 54 Other states, including Arizona, Florida, and Texas, have also used some federal funding for SIB capitalization. 55 Figure 2 shows the states operating state infrastructure banks. SIB Solves – Money CP Solves best – state banks provide flexibility and prevent federal mismanagement – this evidence assumes your solvency arguments Freemark, 2012 (Yonah, Writer for The Transportation Politic, “How to Pay for America’s Infrastructure”, the Atlantic Cities, January 2, http://www.theatlanticcities.com/politics/2012/01/solution-americas-infrastructure-woes/845/#) America's transportation infrastructure is in desperate need of an update, and most politicians would agree that more funding should be dedicated the nation’s highways and mass transit systems. Yet there is little consensus about where to find those new funds and Democrats and Republicans disagree stridently over whether Washington should increase its role. One potentially fertile place for compromise may be in the form of state infrastructure banks, which have gained support from both the left and right in recent months. These public agencies, provided some government funds, would be designed to encourage significant private investment. And they would do so with little interference from the national government. "I-banks" could lend states, municipalities, and perhaps even private sector agencies a significant portion of project funds that would later be paid back through user fees, public-private partnerships, or dedicated taxes. The idea is to get more transportation projects under construction without significantly expanding the national deficit. And the idea is not particularly new: Infrastructure banks have been on the radar since 1995, when state banks were initially authorized to receive federal funds. Now, more than thirty states have them in operation. But most operate on a small scale, and are unprepared to fund large-scale projects. They are also strongly tilted toward highway infrastructure, not multimodal needs. Yet recent proposals have been much more ambitious. President Obama has made the case strongly throughout his first term that a national bank run by the U.S. Department of Transportation would be most effective, since it would be staffed by experts and backed by the federal government. A proposal announced by the White House earlier this year would put $10 billion in the coffers of such an agency. Democrats in the Congress introduced a bill to fund such an organization in October, but John Mica (R-FL), chairman of the Committee on Transportation and Infrastructure, has said that he would refuse to endorse such a concept. Mica suggests that states are up to the task and that Washington’s involvement would get in the way. Some Democrats have articulated a compromise. Senator Ron Wyden (D-OR), for instance, introduced a bill that would pass one billion dollars to each state to set up their own infrastructure banks. A review of the current work of state infrastructure banks, though, raises the question of whether state governments are ready to significantly expand their infrastructure banks. Consider the experience of five state infrastructure banks in Florida, Ohio, Oregon, Pennsylvania, and Texas. Total investments have ranged from $60 million in Oregon to $1.1 billion in Florida, which are about a decade old on average. In the case of Pennsylvania, which has had a bank since 1998 and loaned a total of $132 million in 13 years, a $1 billion allocation from Washington such as has been suggested by Senator Wyden would represent a rapid eight-fold increase in spending. The limited funding from state infrastructure banks thus far results from a confluence of supply and demand. One example - Pennsylvania’s bank currently receives up to $30 million annually from the state budget, according to the agency. Hugh McGowan, the manager of the state bank, says that "it is a very popular program" but that annual applications had never reached $30 million. In most states studied, the vast majority of infrastructure bank funds has gone to roads projects, indicating that the commitment of the federal government to multi-modality - 20 percent of federal surface transportation spending generally goes to public transit - has not been followed through in the states. Texas has loaned virtually none of its $477 million total to transit, while Ohio, Oregon, and Pennsylvania have devoted just two to four percent of their funding to bus and rail improvement projects. Only Florida stands out, with 11 percent of its loans going to transit, thanks to major investments in projects like the SunRail commuter line. McGowan, of the Pennsylvania bank, said that "there are no maximums or minimums" for the types of projects approved, one problem might be that few transit agencies apply for aid. In Ohio, Ohio Department of Transportation Press Secretary Steve Faulkner agreed. "Any type of transportation project is eligible for state infrastructure bank funding" he says. "So, the number of transit loans is a direct result of the corresponding number of transit applications received." SIB Solves – Investment CP Solves SIB are self-sustaining Anastasia Christman and Christine Riordan, senior policy analysts with the National Employment Law, December 2011 State and Local Strategies for Transportation Funding , National Employment Law Project, http://www.nelp.org/page//Job_Creation/State_Infrastructure_Banks.pdf?nocdn=1, [6/27/12] Many states recognize they must increase funding for their departments of transportation. As lawmakers and their constituents engage in this dialogue, advocates should urge that some of the revenues be used to fund an SIB. Managed properly, an SIB can attract private capital to infrastructure projects, and the revolving loan structure can, with prudent choices in spending, make the SIB selfsustaining. SIB Solves – Flexibility CP Solves best, gives starts flexibility to fund what they need Anastasia Christman and Christine Riordan, senior policy analysts with the National Employment Law, December 2011, Project State-Funded SIBs, National Employment Law Project, http://www.nelp.org/page/-/Job_Creation/State_Infrastructure_Banks.pdf?nocdn=1, [6/27/12] Several states—Kansas, Ohio, Georgia, Florida and Virginia—have established SIBs using only state funds. This also allows them to do projects “off the highway,” including helping local governments pay for 100percent local projects. For example, Ohio’s state-funded SIB is authorized to fund “any public or private transportation project as determined by the director of transportation,” including public transit, aviation, rail, tunnels or parkways.30 Kansas found that its federally-funded SIB couldn’t fund the projects that its rural population needed. “We can cover huge projects or a small In Arizona, half-a-dozen SIB advisory board members are members of the general public appointed by various government bodies, and the meetings of the board are explicitly required to be open to the public. community,” said the manager of the state-funded Kansas Transportation Revolving Fund.31 The Ohio statefunded SIB manager notes that her institution “has assisted every transportation mode except a water project since its creation.”32 However, even with a state-funded SIB, selection criteria or requirements for local matching dollars can stunt interest in the financing program; for example, Georgia’s requirement that only projects that can be funded by the motor fuels tax can qualify33 means that in the spring of 2011, three years after establishing its SIB, Georgia had made only one loan and had more than $30 million in transportation funds sitting idle.34 In order for a state-funded SIB to consider the greatest number of projects, advocates may want to recommend enabling legislation that blends a variety of funding sources to ensure flexibility. State-funded SIBs also allow state departments of transportation to establish their own regulatory criteria for projects that no longer fall under federal requirements for environmental studies, “Buy America” provisions, or requirements to pay prevailing wages.35 When Virginia announced some privatesector highway projects that might be financed by a new state-funded SIB, media reports noted that these projects were currently undergoing environmental scrutiny as federally-funded projects.36 Virginia has also announced it will implement a “design-build” method of funding projects that allows construction to begin before designs are finalized. While supporters say this method speeds up the construction process, others caution that by combining the phases of a project, it reduces public opportunities for input and could facilitate contractor shortcuts.37 And as the Ohio Department of Transportation explains, local projects using federal SIB funds are obligated to conduct full National Environmental Policy Act documentation of Environmental Impact or Environmental Assessment Statements,38 where as local projects using state SIB funds need only adhere to state regulations concerning archaeological preservation,39 rules that state nature preserves may only be taken for other public uses,40 and Ohio Department of Transportation permits.41 NIB Bad - Comparative CP solves best – National Infrastructure Bank is a waste of money and State Level Banks solve Mica, 2011 (John, Chairman of the Transportation and Infrastructure Committee, “National Infrastructure Bank would create more red tape & federal bureaucracy”, Transportation and Infrastructure Committee Press Releases, http://transportation.house.gov/news/PRArticle.aspx?NewsID=1421) “We must use every responsible mechanism possible to move projects and expand our capacity to finance infrastructure maintenance and improvements, but a National Infrastructure Bank is dead on arrival in Congress,” said U.S. Rep. John L. Mica (R-FL), Chairman of the Transportation and Infrastructure Committee. “There are several reasons for this. One is that we do not need to create more federal bureaucracy . In fact, with over 100 separate federal surface transportation programs, we need less bureaucracy. “The federal government also has existing financing programs that serve the same purpose as a National Infrastructure Bank, such as TIFIA, RRIF and others, that we can improve and strengthen. “Another reason a national bank is DOA is because there is already such a bank structure in place at the state level. Thirty-three state infrastructure banks already exist, and we can ensure financing and build upon this foundation without creating a new level of federal bureaucracy. “If the Administration’s goal is to get people to work immediately, a National Infrastructure Bank that will require more than a year to create and $270 million to run is not the answer. That is funding that should be used for infrastructure, but would instead be used to create more red tape. “Unfortunately, the Administration still hasn’t learned that ‘shovel ready’ has become a national joke. Yesterday, the President announced he would expedite 14 infrastructure projects, but this plan only pushes these projects to the front of the line with current red tape and rules, while it pushes back or stalls hundreds of other projects pending federal approval. We must expedite the review process for all projects, not just a handful.” CP Solves better than NIB Keith Laing ,political journalist for The Hill, 09/08/11, Mica opposes Obama’s call for national infrastructure bank, The Hill, thehill.com/blogs/transportation-report/highways-bridges-and-roads/180481-gop-chairman-opposes-obamas-call-for-national-infrastructurebank, [6/28/12] The Republican chairman of the House Transportation and Infrastructure Committee said Thursday evening that he is opposed to the call for a national infrastructure bank President Obama made in his speech to a joint session of Congress. Rep. John Mica (Fla.) said he thought Congress should encourage individual states to create their own infrastructure banks, arguing as he has in the past that it would give them more flexibility to design transportation projects that fit their own needs. “While the President reconfirmed that our highways are clogged and our skies are congested, his well delivered address provided only one specific recommendation for building our nation’s infrastructure,” Mica said in a news release. “Unfortunately, a National Infrastructure Bank run by Washington bureaucrats requiring Washington approval and Washington red tape is moving in the wrong direction. A better plan to improve infrastructure is to empower our states, 33 of which already have state infrastructure banks.” Obama called Thursday for Congress to approve a proposal for a federal infrastructure bank that has been pushed for by Sens. John Kerry (D-Mass.) and Kay Bailey Hutchison (R-Texas). “We’ll set up an independent fund to attract private dollars and issue loans based on two criteria: how badly a construction project is needed and how much good it would do for the economy,” Obama said. “This idea came from a bill written by a Texas Republican and a Massachusetts Democrat. The idea for a big boost in construction is supported by America’s largest business organization and America’s largest labor organization. It’s the kind of proposal that’s been supported in the past by Democrats and Republicans alike. You should pass it right away.” Rep. Nick Rahall (D-W.Va.), ranking member on the Transportation and Infrastructure Committee, called for Republicans on the panel to be receptive to Obama’s proposals. “The Nation’s roads and bridges and water systems are needs that even Americans of vastly different political leanings agree deserve greater Federal investment — not less,” Rahall said in a news release. “After all, the jobs created by such investment are not Republican jobs or Democratic jobs — they are American jobs.” The infrastructure bank proposal was part of a $447 billion package Obama introduced Thursday — the American Jobs Act. In his speech, Obama pledged to campaign across the country for Congress to approve his proposals. NIB Bad – Federal Funding Fails NIB doesn’t solve, federal funding unpopular with states because of increased cost because of the add-ons like union wage that federal funding comes with EMILY GOFF, Research Associate Economic Policy Studies, May 23, 2012, State can't afford ‘free' rail money, Heritage foundation, http://www.ocregister.com/articles/states-355591-transportation-rail.html [ 6/28/12] What do $16 billion and $68.4 billion have in common, other than the fact that each of these figures dwarfs JPMorgan Chase's recent loss? The former is how deep in the red the California state budget sits currently. The latter is the latest in a series of roller-coasting cost estimates for the state's controversial high-speed rail (HSR) project, which is funded in part by the federal government. Gov. Jerry Brown has been hard-pressed to come up with a prescription to close California's sizeable budget deficit. While pension reform and old-fashioned frugality may be what the doctor ordered, Gov. Brown also wants to persuade Californians to stomach "temporary" tax increases to narrow the budget gap. If these tax hikes go into effect, California taxpayers at all income levels will see their pocketbooks shrink. Unfortunately, if the HSR project pans out, painful tax increases to pay for it could become the norm. The federal-state transit courtship ritual is by now a well-rehearsed dance. Washington's alluring checkbook tempts states enough that they commit matching funds to projects they otherwise would not even dream of pursuing. Take highspeed rail and other passenger rail projects – they are expensive to build and maintain, and states are faced with many other pressing infrastructure needs but limited resources to pay for them. So, "free" money from Washington seems too good to be true. Then come project delays and construction cost overruns. Federal grants also have strings attached, such as union wage requirements, which send costs skyward. Soon, the price tag of an HSR project is substantially more than what states signed up for. Once the HSR line is built, another pesky fact materializes: Actual rail ridership rates do not necessarily equal capacity estimates. Poor ridership translates into large funding gaps, and befuddled states then have trouble covering operating expenses, let alone capital costs. Taxpayers are on the hook subsidizing the rail line long after the federal money train has left the station. For example, passenger rail lines in Japan and the United Kingdom required significant government subsidies, which prompted these countries to begin privatizing the rail systems. In the United States, new governors of Wisconsin and Ohio rejected federal funds for HSR projects once it became clear that HSR's upfront costs and long-term financial liabilities far outweighed any potential benefits. A glaring flaw in the prevailing approach to transportation is that it is increasingly Washington-centered; bureaucrats make decisions about projects hundreds of miles away, in which they have little or no vested interest. This trend is based on the belief that Washington knows best, and, therefore, every cent of every transportation dollar must flow through Washington. By this logic, President Obama's so-called livability proposals, such as building street cars and forcing high-density living arrangements, can be cast as a wise use of transportation dollars. In reality, such transportation technology is 19th century nostalgia wrapped in 21st century packaging. This approach also generates misleading incentives for states to commit limited resources to costly projects like HSR, which do not deliver on promises to mitigate road congestion and improve air quality. Instead, they threaten to stain state budget ledgers with unsightly amounts of red ink. Rather than hoarding transportation funds and keeping decision-making in Washington, Congress should give states more control over how to spend the transportation dollars their motorists pay in federal gas taxes. Doing so will pave the way for turning over responsibility for transportation to the states, who know their transportation priorities much better than Washington. With full devolution, states would no longer see funds diverted to transit and enhancement projects they may not find useful. Instead, they would be able to identify and meet their unique infrastructure needs efficiently and cost-effectively. When in a hole, sometimes it is hard to put the shovel down and quit digging. Gov. Brown's recent statement, "I am a buoyant optimist. ... We're going to build high-speed rail," is a case in point. If the governor's words ring true, the unfortunate California taxpayers will have to pay for a transit boondoggle they can ill- afford. The only consolation will be that California serves as a lesson for other states – in what not to do in budgeting and transportation. Road Infrastructure States Solve – Studies Studies prove state controlled highways are best – prefer our evidence it cites 11 different indicators David T. Hartgen et al. 8/31/2010, (Hartgen is a senior fellow at Reason Foundation, emeritus professor of Transportation Studies at the University of North Carolina at Charlotte, and former policy analyst at the Federal Highway Administration. Ravi K. Karanam is a System-OnChip Verification Engineer at Qualcomm Incorporated. M. Gregory Fields is a retired military officer with degrees from West Point, Webster University in St. Louis and UNC Charlotte. Travis A. Kerscher is a graduate student in the MBA program at UNC Charlotte, where he is majoring in business finance. He has participated in several studies of transportation systems with The Hartgen Group.), The Reason Foundation, “19th Annual Report on the Performance of State Highway Systems (1984-2008),” <http://reason.org/files/19th_annual_highway_report.pdf>, Accessed: 6/26/2012, wh Reason Foundation’s 19th Annual Highway Report tracks the performance and cost-effectiveness of state-owned highway systems of the United States from 1984 to 2008. We have also included the more recent information (fatalities, bridges, travel, economic trends and stimulus projects) that is available for 2009. Eleven indicators make up each state’s overall rating, and cover highway expenditures, pavement and bridge condition, urban interstate congestion, fatality rates and narrow rural lanes. The study is based on spending and performance data submitted to the federal government by the state highway agencies. This year, for the first time, partial performance data for the District of Columbia and Puerto Rico are also discussed. (See the Appendix for more discussion on the data sources). Individual system elements (roads, bridges, pavements) deteriorate over time, but the overall condition of the state-owned highway system has never been in better shape. The overall condition of state-owned highways continued to improve from 2007 to 2008. All seven key indicators of system condition showed improvement, including large gains in urban interstate condition, rural arterial condition, deficient bridges and fatality rates. Even urban interstate congestion, which had been slowly improving, registered a substantial improvement. Table 1 summarizes the statistics for key indicators. States Solve – Price Flexibility State control more efficient- intervention increases prices and does not suit individual state needs Chris Edwards and Tad DeHaven, 6/17/2010, Cato’s top expert on federal and state tax and budget issues and director of tax policy studies; budget analyst on federal and state budget issues for the Cato Institute, The Washington Times, “”Privatize Transportation Spending,” < http://www.washingtontimes.com/news/2010/jun/17/privatize-transportation-spending/> Date Accessed: 6/26/12 wh Rising federal control over transportation has resulted in the political misallocation of funds, bureaucratic mismanagement and costly one-size-fits-all regulations of the states. The solution is to devolve most of DOT’s activities back to state governments and the private sector. We should follow the lead of other nations that have turned to the private sector to fund their highways, airports, air traffic control and other infrastructure. The first reform is to abolish federal highway aid to the states and related gasoline taxes. Highway aid is tilted toward states with powerful politicians, not necessarily to the states that are most in need. It also often goes to boondoggle projects like Alaska’s “Bridge to Nowhere.” Furthermore, federal highway aid comes with costly regulations like the DavisBacon labor rules, which raise state highway costs. For their part, the states should seek out private funding for their highways. Virginia is adding toll lanes on the Capitol Beltway that are partly privately financed, and Virginia is also home to the Dulles Greenway, a 14-mile private highway in operation since 1995. Ending federal subsidies would accelerate the trend toward such innovative projects. States Solve – Empirics State control is best for roads – empirics are on our side USA Today, 9/1/2010, “New report shows state highways in good shape,” <http://www.usatoday.com/news/nation/2010-09-02roads02_ST_N.htm>, Accessed: 6/27/12, wh A new report on the condition of the USA's state highways finds that they are in the best shape they have been in nearly 20 years. The annual study by the Reason Foundation, a Los Angeles-based, libertarian, non-profit think tank, credits road improvement progress man by states and decreased wear and tear as commuters and commercial truckers drove less during the recession. "Lo and behold, we've actually been making slow but steady progress on most performance measures," says report author David Hartgen, professor emeritus of transportation studies at the University of North Carolina-Charlotte. The study says states did a better job of maintaining and repairing roads and bridges in 2008, the most recent year for which complete data are available. "Human nature focuses on the pothole rather than the couple of miles of smooth pavement in front of and after the pothole," Hartgen says. TRANSPORTATION: Cities tackle traffic with commuter options Hartgen measured the condition and cost-effectiveness of state roads in 11 categories, including deficient bridges, urban traffic congestion, fatality rates and pavement condition. National performance in all of those areas improved in 2008, he says. For instance, pavement on urban interstates and rural primary roads is the smoothest since 1993. Greg Cohen, president of the American Highway Users Alliance, a non-profit coalition of auto clubs, truckers, farmers, businesses and others, says the report does not lessen the need for national highway investment. "Over the last 25 years, we've added just 4% new capacity, but over 100% more traffic," Cohen says. States Good – Congestion Turn State control allows toll roads and HOT lanes- key to decreasing congestion Gabriel Roth, 3/17/05, civil engineer and transportation economist, worked with the World Bank with transportation for 20 years, Policy Analysis, “Liberating the Roads Reforming U.S. Highway Policy,” <http://www.policyarchive.org/handle/10207/bitstreams/6727.pdf> Accessed 6/27/12, wh By providing “free” roads, federal financing discourages toll roads and privately financed roads, although users of those facilities pay into the FHTF all the mandated charges such as fuel taxes. For example, the Dulles Greenway, the privately financed road in Northern Virginia, has to compete against “free” state roads. Typical users of the Greenway pay about 28 cents in gasoline tax for their 14-mile trip, in addition to the $1.90 toll. 43 The private investors in the Greenway have yet to receive any profit on their investment and are, of course, not entitled to any state or federal funding. If the Greenway were credited the amounts paid into state and federal highway funds, its toll could be lowered and more traffic would be attracted to it, thus making better use of its capacity and relieving congestion on other roads. Innovation and Flexibility in Road Financing Are Discouraged It is difficult—often impossible—to place tolls on roads constructed with federal funds. This prevents the introduction of one of the most innovative and promising concepts for urban congestion relief: HOT (High-Occupancy or Toll) networks. These are networks of interconnected limited access lanes to be used by buses and vanpools at no charge and by other vehicles on payment of a variable toll, the toll being collected electronically and set at levels high enough to ensure free-flow conditions at all times. The first such lanes in the United States were introduced in 1995 on California’s State Route 91, as described below. Following the success of the HOT lanes in Southern California, about a dozen similar projects are being planned. 44 They are particularly attractive to local authorities because they make use of existing capacity and because the tolls can pay for all or most of the costs. 45 Such networks offer the prospect of congestion-free expressways (at a premium price) for fast bus service, and for other vehicles. However, because of the prohibition of tolling on federally financed roads, such networks cannot be introduced where they are most needed, e.g., on congested Interstate Route 270, which leads to the Washington Beltway (Interstate Route 495), a federally financed road and a strong candidate for improvement by tolling. States Exts – Congestion I/Ls Tolls key - they provide funding to maintain and improve roads and solve congestion Randal O’Toole, 5/15/12, Senior Fellow w/ the Cato Institute, Policy Analysis, “Ending Congestion by Refinancing Highways,” < http://www.cato.org/pubs/pas/PA695.pdf> Accessed: 6/27/12 wh Economists have long proposed to use pricing to relieve congestion because congestion pricing would avoid the shift-back problem. If tolls increase as the usage rate increases, and the maximum tolls are high enough that actual flows never exceed the maximum capacities, then road capacities are nearly doubled for those hours that flows would otherwise break down into stop-andgo traffic. An additional benefit is that the revenue generated from the tolls would be used to operate, maintain, and expand the roadway where the toll was collected. This policy is usually presented as a choice: people can sit in traffic, which is a deadweight-loss to society, or they can pay a toll and avoid congestion and know that their toll fee is doing some good, such as improving roads to relieve congestion. Yes, tolls would lead some people to change their departure times to avoid the tolls, but people are already changing their departure times to avoid the congestion. Congestion-pricing advocates rarely mention the subtle effect of congestion: the hours of delay after traffic flows fall below the maximum flow capacities. By using tolls to prevent congestion, highway capacities can be nearly doubled for several hours of the day, thus making it possible for many people to shift their departure times back to times they would have considered preferable were it not for the congestion. In other words, paradoxically, tolls actually increase highway capacities and allow more people to travel when they want to travel. Tolls solve congestion comparatively better than other forms of transportation Randal O’Toole, 5/15/12, Senior Fellow w/ the Cato Institute, Policy Analysis, “Ending Congestion by Refinancing Highways,” < http://www.cato.org/pubs/pas/PA695.pdf> Accessed: 6/27/12 wh In most cities, there is good reason to think that actual traffic flows exceed the maximum flow capacities for only a few minutes each day. Once flows exceed capacities, traffic flows shrink due to congestion and people alter their travel habits to avoid that congestion. They may shift the time they travel, their travel route or destination (for example, by changing job locations), or, in a small share of cases, their mode of travel. For this reason, efforts to relieve congestion by improving alternate modes of travel, such as rail transit, will deliver little relief: any congestion relief initially provided by transit will simply result in some people shifting back to driving during the peak periods. Gov’t Fails – Earmarking Federal finance bad- Earmarking prevents high-priority projects from being properly funded Gabriel Roth, June 2010, civil engineer and transportation economist, worked with the World Bank with transportation for 20 years, Downsizing Government, “Federal Highway Funding,” <http://www.downsizinggovernment.org/transportation/highway-funding/#4> Date Accessed 6/26/12 wh Federal aid typically covers between 75 and 90 percent of the costs of federally supported highway projects. Because states spend only a small fraction of their own resources on these projects, state officials have less incentive to use funds efficiently and to fund only high-priority investments. Boston's Central Artery and Tunnel project (the "Big Dig"), for example, suffered from poor management and huge cost overruns.21 Federal taxpayers paid for more than half of the project's total costs, which soared from about $3 billion to about $15 billion.22 Federal politicians often direct funds to projects in their states that are low priorities for the nation as a whole. The Speaker of the House of Representatives in the 1980s, "Tip" O'Neill, represented a Boston district and led the push for federal funding of the Big Dig. More recently, Representative Don Young of Alaska led the drive to finance that state's infamous "Bridge to Nowhere," discussed below. The inefficient political allocation of federal dollars can be seen in the rise of "earmarking" in transportation bills. This practice involves members of Congress slipping in funding for particular projects requested by special interest groups in their districts. In 1982, the prohibition on earmarks in highway bills in effect since 1914 was broken by the funding of 10 earmarks costing $362 million. In 1987, President Ronald Reagan vetoed a highway bill partly because it contained 121 earmarks, and Congress overrode his veto.23 Since then, transportation earmarking has grown by leaps and bounds. The 1991 transportation authorization bill (ISTEA) had 538 highway earmarks, the 1998 bill (TEA-21) had 1,850 highway earmarks, and the 2005 bill (SAFETEA-LU) had 5,634 highway earmarks.24 The earmarked projects in the 2005 bill cost $22 billion, thus indicating that earmarks are consuming a substantial portion of federal highway funding. The problem with earmarks was driven home by an Alaska bridge project in 2005. Rep. Don Young of Alaska slipped a $223 million earmark into a spending bill for a bridge from Ketchikan—with a population of 8,900—to the Island of Gravina—with a population of 50. The project was dubbed the "Bridge to Nowhere" and created an uproar because it was clearly a low priority project that made no economic sense. Gov’t Fails – Highways Federal Funding reroutes funding to non-highway systems – Prevents adequate funding for highways Gabriel Roth, June 2010, civil engineer and transportation economist, worked with the World Bank with transportation for 20 years, Downsizing Government, “Federal Highway Funding,” <http://www.downsizinggovernment.org/transportation/highway-funding/#4> Date Accessed 6/26/12 wh Since 1982, increasing amounts of revenues from the FHTF have been diverted to non-highway uses. The Surface Transportation Assistance Act of 1982 raised the federal gas tax by five cents, with one-fifth of the increase dedicated to urban transit. The 1991 Intermodal Surface Transportation Efficiency Act substituted "flexibility" and "intermodalism" for the "dedication" of fuel taxes to highways. That wording change meant that any transportation-related activity could lay claim to highway money. Under the most recent highway authorization— SAFETEA-LU of 2005—transportation scholar Randal O'Toole figures that only about 59 percent of highway trust fund dollars will be spent on highways.25 Funds from the FHTF will go to mass transit (21 percent), earmarks (8 percent), and a hodgepodge of other activities such as bicycle paths (12 percent). Note, however, that some of the earmark funds will also go to highways. The main diversion is to rail transit, which can be a very inefficient mode of transportation, as discussed in a related essay. Most Americans do not use rail transit and should not have to subsidize expensive subways and rail systems in a small number of major cities that prohibit the use of more modern and effective transit methods, such as shared taxis. Gov’t Fails – Price Spikes Federal intervention in highway systems cause price spikes – prevents efficient highway design Gabriel Roth, June 2010, civil engineer and transportation economist, worked with the World Bank with transportation for 20 years, Downsizing Government, “Federal Highway Funding,” <http://www.downsizinggovernment.org/transportation/highway-funding/#4> Date Accessed 6/26/12 wh 3. Federal Intervention Increases Highway Costs The flow of federal funding to the states for highways comes part-in-parcel mass of federal regulations makes highway building more expensive in numerous ways. First, federal specifications for road construction standards can be more demanding than state standards. But one-size-fits-all federal rules may ignore unique features of the states and not allow state officials to make efficient trade-offs on highway design. A second problem is that federal grants usually come with an array of extraneous federal regulations that increase costs. Highway grants, for example, come with Davis-Bacon rules and Buy America provisions, which raise highway costs substantially. Davis-Bacon rules require that workers on federally funded projects be paid "prevailing wages" in an area, which typically means higher union wages. Davis-Bacon rules increase the costs of federally funded projects by an average of about 10 percent, which wastes billions of dollars per year.27 Ralph Stanley, the entrepreneur who created the private Dulles Greenway toll highway with top-down regulations. The growing in Virginia, estimated that federal regulations increase highway construction costs by about 20 percent.28 Robert Farris, who was commissioner of the Tennessee Department of Transportation and also head of the Federal Highway Administration, suggested that federal regulations increase costs by 30 percent.29 Finally, federal intervention adds substantial administrative costs to highway building. Planning for federally financed highways requires the detailed involvement of both federal and state governments. By dividing responsibility for projects, this split system encourages waste at both levels of government. Total federal, state, and local expenditures on highway "administration and research" when the highway trust fund was established in 1956 were 6.8 percent of construction costs. By 2002, these costs had risen to 17 percent of expenditures.30 The rise in federal intervention appears to have pushed up these expenditures substantially. Gov’t Fails – Investment Federal intervention discourages private investment with higher taxes, borrowing costs, and subsidizing public projects Gabriel Roth, June 2010, civil engineer and transportation economist, worked with the World Bank with transportation for 20 years, Downsizing Government, “Federal Highway Funding,” <http://www.downsizinggovernment.org/transportation/highway-funding/#4> Date Accessed 6/26/12 wh By subsidizing the states to provide seemingly "free" highways, federal financing discourages the construction and operation of privately financed highways. A key problem is that users of private highways are forced to pay both the tolls for those private facilities and the fuel taxes that support the government highways. Another problem is that private highway companies have to pay taxes, including property taxes and income taxes, while government agencies do not. Furthermore, private highways face higher borrowing costs because they must issue taxable bonds, whereas public agencies can issue tax-exempt bonds. The Dulles Greenway is a privately financed and operated highway in Northern Virginia, which cost investors about $350 million to build.37 The Greenway must compete against nearby "free" state highways. It has been tough going, but the Greenway has survived for 15 years. Typical users of the Greenway pay 36 cents in federal and state gasoline taxes per gallon to support the government highways, plus they pay Greenway tolls, which range from $2.25 to $4.15 per trip for automobiles using electronic tolling.38 If the Greenway and other private highways were credited the amounts paid into state and federal highway funds, their tolls could be lowered and more traffic would be attracted to them. That would make better use of private capacity as it could develop in coming years and relieve congestion on other roads. Unfortunately, the proposed version of new highway legislation by the chairman of the House Committee on Transportation and Infrastructure would add new federal regulatory barriers to toll roads in the states.39Section 1204 of the bill would create a federal "Office of Public Benefit" to ensure "protection of the public interest in relation to highway toll projects and public-private partnership agreements on federal-aid highways." This new office would be tasked with reviewing and approving or disapproving proposed toll rate increases on these projects, among other interventionist activities. This would completely flip around the idea of road tolling as a decentralized market-based mechanism and turn it into a central planning mechanism. Gov’t Fails – Innovation Government discourages the development of innovative ways to increase efficiency, states better at creating effective systems Gabriel Roth, June 2010, civil engineer and transportation economist, worked with the World Bank with transportation for 20 years, Downsizing Government, “Federal Highway Funding,” <http://www.downsizinggovernment.org/transportation/highway-funding/#4> Date Accessed 6/26/12 wh 6. Innovation Is Discouraged One of the promising advances to relieving urban congestion is HighOccupancy or Toll (HOT) highways. Networks of HOT lanes can be structured for use by vehicles with payment of variable tolls combined with buses at no charge. The tolls are collected electronically and set at levels high enough to ensure acceptable traffic conditions at all times. A current obstacle to expanding HOT lane programs is that it is difficult to add tolls to roads constructed with federal funds. The first HOT lanes in the United States were introduced in 1995 on California's State Route 91 near Anaheim. The California Private Transportation Company conceived, designed, financed, constructed, and opened two pairs of "express lanes" in the median of a 10-mile stretch of the highway.40 Express lane users pay tolls by means of identifiers, similar to those used by EZPass systems, with the payments debited electronically from accounts opened with the company. Following the lead of the private sector, California's public sector implemented a similar project on Route I-15 north of San Diego. It has also proven popular. The rates charged on the I-15 lanes are varied automatically in real time to respond to traffic conditions. HOT lanes have also been implemented in Denver and Minneapolis, and are planned for the Washington, D.C., area. Payments for the use of roads can now be made as easily as payments for the use of telephones, without vehicles having to stop. Such changes in payment methods can have profound effects on the management and financing of roads. If the federal government removed itself from highway financing, direct payments for road use could be made directly to state governments through tolls. These sorts of tolls are already in place in New York and New Jersey. An even better solution would be payment of tolls for road use directly to private highway companies, which would cut out government financing completely. This is now technically feasible. Following the success of the HOT lanes in Southern California, many other projects are being pursued across the country. One project is in Northern Virginia. Fluor-Transurban is building and providing most of the funding for HOT lanes on a 14-mile stretch of the Capital Beltway. Drivers will pay to use the lanes with electronic tolling, which will recoup the company's roughly $1 billion investment. HOT lane projects are attractive to governments because they can make use of existing capacity and because the tolls can pay for all or most of the costs.41 Such networks offer congestion-free expressways for those wanting to pay a premium price, in addition to reducing congestion on other roads and creating faster bus services. There are many exciting technological developments in highways, and ending federal intervention would make state governments more likely to seek innovative solutions. Technological advances—such as electronic tolling—have made paying for road services as simple as paying for other sorts of goods. In a world where a fuel tax that is levied on gasoline is an imperfect measure of the wear-and-tear each driver puts on roads, it is vital to explore better ways to finance highways. Gov’t Fails – Economy Newer government bills damage the economy, mandating goals to decrease travel Gabriel Roth, June 2010, civil engineer and transportation economist, worked with the World Bank with transportation for 20 years, Downsizing Government, “Federal Highway Funding,” <http://www.downsizinggovernment.org/transportation/highway-funding/#4> Date Accessed 6/26/12 wh Some of these goals might be harmless, although they bring to mind the arbitrary planning objectives of centrally planned economies. But other goals are not harmless. The goal "to reduce national per capita motor vehicle miles traveled" is not only of dubious also damaging to economic development. Because car travel is generally faster (door-todoor) than transit (which is not even available to most American travelers), it is not possible to reduce car travel without reducing total travel. The amount of time available for travel is limited, so the use of slower door-todoor travel modes is invariably associated with loss of trips. While requiring road users to cover the costs arising from their trips is a legitimate government objective, a blanket requirement to reduce "per capita" travel constitutes an unacceptable attack on freedom. Travel is generally not carried out for its own sake, but enables participation in activities such as employment, commerce, and social intercourse. Travel by motor vehicles increases the number of activities that can be reached, and hence the choices available to all. The demand for additional activities tends to increase as societies get richer, and it is difficult to see how such activities can be reduced without reducing living standards, which is not what the Obama administration claims to be doing. constitutionality, it is Gov’t Fails – Accidents Government intervention leads to increased accident fatalities- small, low MPG cars provide little protection Gabriel Roth, June 2010, civil engineer and transportation economist, worked with the World Bank with transportation for 20 years, Downsizing Government, “Federal Highway Funding,” <http://www.downsizinggovernment.org/transportation/highway-funding/#4> Date Accessed 6/26/12 wh A goal of the Senate highway bill mentioned above is "to reduce national motor vehicle-related fatalities by 50 percent by in direct conflict with the goal of federal policymakers to downsize automobiles to reduce fuel consumption. The federal government continues to tighten Corporate Average Fuel Economy standards, which effectively pushes Americans into smaller and thus less-safe cars. The positive relationship between vehicle size and safety is well established. Larger cars have more mass to absorb crash forces, and they have more interior space in which their occupants can "ride down" a collision before striking a dashboard or side pillar. The smallest cars have occupant death rates that are more than twice those of large cars. 2030." But that goal is Railroad Infrastructure States Solve – Adaptation CP Solves best – state leadership allows for economic flexibility Callen ’12 – (Zachary, Degree in Government Administration at the University of Chicago, writer for American Politics Research, March, "Congress And The Railroads: Federalism, American Political Development, And The Migration Of Policy Responsibility." American Politics Research 40.2 (2012): 293-326. Academic Search Complete. Web. 27 June 2012.) Whether merely approving railroad routes or actively promoting local railroads through government intervention, state legislatures used rail development as an engine for local economic growth. Economic development is especially salient for local policy makers. At the state and local level, governments possess little control over their borders, allowing for the free flow of capital and population across state lines. This free movement of people and capital leads states to constantly pursue economic growth as a means to generate revenue, serve citizens’ demands, and guarantee incumbents’ reelection (Hwang & Gray, 1991; Peterson, 1981; Pisani, 1987). By the mid19th century, the economic necessity of railroads was becoming clear: railroads connected markets as well as producers and were a vital part of economic development.6 Intense local competition among states resulted in legislatures rushing into rail promotion programs and routing local railroads to frustrate regional rivals (Rubin, 1961; Scheiber, 1975). Citizens looking to travel, conduct business, be connected to political events in Washington or feel assured about the availability of security all placed demands on state governments for improved railroads. Gov’t Fails – Inflexible Plan fails – Federal policies prevent local flexibility necessary to solve – Amtrak proves DeHaven ’10 - (Tad, budget analyst on federal and state budget issues, previous deputy director of the Indiana Office of Management and Budget, previously served on the Economic Advisory Council, June, “Privatizing Amtrak” http://www.downsizinggovernment.org/transportation/amtrak/subsidies) The National Railroad Passenger Corporation, or Amtrak, is the federal organization that operates passenger rail service in the United States. It was created by the Rail Passenger Service Act of 1970. Amtrak is structured as a corporation, but its board members are appointed by the president of the United States and virtually all its stock is owned by the federal government.1 Amtrak has about 19,000 employees, and its annual revenues were $2.4 billion in 2009.2 Amtrak has been providing second-rate train service for almost four decades, while consuming almost $40 billion in federal subsidies. The system has never earned a profit and most of its routes lose money. Amtrak's on-time record is very poor, and the system as a whole only accounts for 0.1 percent of America's passenger travel.3 Another problem is that Amtrak's infrastructure is in bad shape. Most of the blame for Amtrak's woes should be pinned on Congress, which insists on supporting an extensive, nationwide system of passenger rail that doesn't make economic sense. Federal intervention fails – prevents local flexibility and prevents railroad efficiency O’Toole ’10 – (Randal, American public policy analyst, Senior Fellow at the Cato Institute, June, “Urban Transit”, http://www.downsizinggovernment.org/transportation/urban-transit) Federal intervention creates all kinds of perverse incentives for state and local governments. These include the following: Cities are encouraged to build very inefficient rail lines because more than half of all federal funds are dedicated to rail transit. Transit agencies are encouraged to find the most expensive transit solutions because rail construction funds are an open bucket—first-come, first-served. Innovative transit solutions are bypassed and high costs are guaranteed because of the requirement that transit agencies obtain the approval of their unions to be eligible for federal grants. Local transit agencies have strong incentives to claim success with their projects no matter how badly they fail because of the requirement that agencies must refund federal grants if projects are cancelled. Federal rules impose a transit planning process that is biased in favor of highercost transit projects, and the process allows agencies to systematically low-ball cost estimates and overstate potential ridership. Federal subsidies have been mainly directed to capital costs of local transit, not operating costs. That has led to a host of distortions, such as agencies favoring rail over buses and favoring larger buses when smaller ones would do the job. Many federal regulations distort the flow of funding to the most efficient solutions, such as rules that tie the distribution of transportation funds to air quality planning. These factors and others have promoted less efficient transportation solutions than would have likely been employed without federal intervention. I have discussed these problems elsewhere at length.61 The first step toward reform is to remove federal subsidies and related regulations from the transit equation. Gov’t Fails – Spending Plan Fails – congressional mandates waste money and prevent railroad efficiency DeHaven ’10 - (Tad, budget analyst on federal and state budget issues, previous deputy director of the Indiana Office of Management and Budget, previously served on the Economic Advisory Council, June, “Privatizing Amtrak” http://www.downsizinggovernment.org/transportation/amtrak/subsidies) All that said, the ultimate blame for Amtrak's long record of red ink and poor performance lies with Congress. As a consequence of congressional mandates, Amtrak spends a huge amount of money maintaining money-losing routes at the expense of routes with heavier traffic like the Northeast Corridor. Corridors that do need more investment are starved because Amtrak is wasting money elsewhere. Gov’t Fails – HSR Specific Federal HSR not economically feasible- France and Japan prove. Costs $1 trillion and local solutions solve best Chris Edwards and Tad DeHaven, 6/17/2010, Cato’s top expert on federal and state tax and budget issues and director of tax policy studies; budget analyst on federal and state budget issues for the Cato Institute, The Washington Times, “”Privatize Transportation Spending,” < http://www.washingtontimes.com/news/2010/jun/17/privatize-transportation-spending/> Date Accessed: 6/26/12 wh To government planners, intercity high-speed rail is even sexier than urban rail systems. The DOT is currently dishing out $8 billion for high-speed rail projects across the country, as authorized in the 2009 stimulus bill. Most people think that the French and Japanese fast trains are cool, but they don’t realize that the price tag is enormous. For us to build a nationwide system of bullet-style trains would cost up to $1 trillion. The truth about high-speed trains is that even in densely-populated Japan and Europe, they are money losers, while carrying few passengers compared to cars, airlines and buses. The fantasy of high-speed rail in America should be killed before it becomes a huge financial drain on our already broke government. Through its ownership of Amtrak, the federal government also subsidizes slow trains. The government has dumped almost $40 billion into the company since it was created in 1971. Amtrak has a poor on-time record, its infrastructure is in bad shape, and it carries only a tiny fraction of intercity passengers. Politicians prevent Amtrak from making cost-effective decisions regarding its routes, workforce polices, capital investment and other aspects of business. Amtrak should be privatized to save taxpayer money and give the firm the flexibility it needs to operate efficiently. Airport Infrastructure States Solve – Flexibility CP solves best – state funding for airports allows flexibility for improvements ASCE, 2012 (American Society of Civil Engineers, “Illinois – Aviation”, Report Card for America’s Infrastructure, June 2, http://www.infrastructurereportcard.org/node/174) According to the Federal Aviation Administration (FAA), nationwide airline passenger travel increased by 3.3 percent to 764.7 million passengers in 2007. Commercial air carrier domestic enplanements had a modest increase of 0.6 percent compared to 2006. However activity levels for 2008 declined at the rate of 3.1 percent compared to 2007 Evidenced by the statistics recorded and published through November of 2009, it is also expected that 2009 will continue the downtrend for passenger demand for domestic and most international markets. Aviation activity closely correlates with economic activity. Consequently, it is likely that current financial conditions will have a negative impact on the industry with reduced demand in the years to come. This is not the first time the industry has faced these types of challenges and over time, history shows that both the aviation industry and the economy will rebound. However in the interim, predicting growth in air travel demand is challenging. The Airport Improvement Program (AIP), which is a federal grant program use to fund airport improvements, is not increasing at the pace necessary to keep up with the aging airport infrastructure. FAA's Fiscal Year 2009 budget request reduced the allocations to the AIP in favor of other improvements to air traffic systems. At the state level, funding for aviation infrastructure has been in flux. The approval of the Capital Bill has provided the state with more than $23 million in funds for airport improvements. These funds will be applied to projects that increase safety, as well as rehabilitate and build airfield pavements. The comprehensive airport improvements included in the bill are targeted to promote economic growth to increase Illinois’s ability to attract businesses. States Solve – Comparative States Solve specific airport issues better than Federal Government Wilbur Smith Associates, 5/20/10, professional consulting firm engaged in the planning and designing of public infrastructure and transportation facilities, Wisconsin State Airport System Plan, http://www.dot.wisconsin.gov/projects/state/docs/air-classificationupdate.pdf [6/26/12] These six system plans were included due to their recent completion dates, proximity to Wisconsin, and/or the use of factors applied to the systems. As mentioned above, all airport systems share commonalities between them while at the same time being able to fine-tune various factors that are important to the specific needs and goals of the state. As discussed previously, the FAA role classification of general aviation airports is relatively generic. When systems are further defined by states, the roles are more clearly defined with nomenclature that is specific to each state and easy to comprehend by both the aviation and non-aviation public. Privatizing airports increases efficiency - empirics Chris Edwards and Tad DeHaven, 6/17/2010, Cato’s top expert on federal and state tax and budget issues and director of tax policy studies; budget analyst on federal and state budget issues for the Cato Institute, The Washington Times, “”Privatize Transportation Spending,” < http://www.washingtontimes.com/news/2010/jun/17/privatize-transportation-spending/> Date Accessed: 6/26/12 wh A final area in DOT to make budget savings is aviation. Federal aid to airports should be ended and local governments encouraged to privatize their airports and operate without subsidies. In recent decades, dozens of airports have been privatized in major cities such as Amsterdam , Auckland, Frankfurt, London, Melbourne, Sydney and Vienna. Air traffic control (ATC) can also be privatized. The DOT’s Federal Aviation Administration has a terrible record in implementing new technologies in a timely and cost-effective manner. Many nations have moved toward a commercialized ATC structure, and the results have been very positive. Canada privatized its ATC system in 1996 in the form of a nonprofit corporation. The company, NavCanada, has a very good record on both safety and innovation. Moving to a Canadian-style ATC system would help solve the FAA’s chronic management and funding problems, and allow our aviation infrastructure to meet rising aviation demand. Gov’t Bad – Inflexible CP solves best – FAA inflexibility prevents regulation of airports Dave Demerjian, January 5, 2009, wired contributor, Air Traffic Control Towers Go From Bad to Worse, The Wired, http://www.wired.com/autopia/2009/01/new-report-says/, [6/26/12] Nearly 60 percent of the air traffic control towers and other key aviation facilities run by the Federal Aviation Administration are more than 30 years old and plagued by leaks, mold and foggy windows that can make it difficult to see the aircraft, an audit has found. The audit of 16 FAA facilities selected at random by the Department of Transportation’s Office of the Inspector General found "obvious structural deficiencies and maintenance-related issues" that would keep the guys from This Old House busy for years. Beyond leaky ceilings and faulty climate-control systems, the most severe problem was condensationclouded windows that made it difficult to see the airfield. The air traffic control tower at Andrews Air Force Base — the airport used by the president — was among those with foggy windows. "It is important to note that the maintenance issues we observed did not impact the safe operations at the facilities we visited," the report said. Still, some control towers were too short because the airports they serve have expanded since the towers were built. Age is to blame for most of the problems, the audit states. The FAA has 420 staffed air traffic control centers, each with a useful life of 25 to 30 years. But 59 percent of the buildings are more than 30 years old, and the average age of the system’s control towers is 29. The audit also attributes the repair backlog — which Aero-News estimates at more than $240 million and the Associated Press says could grow to $380 million by 2020 — to the FAA’s previous policy of allowing local officials to determine maintenance-spending priorities. The FAA centralized its maintenance program four years ago, but the audit says the agency still does not make maintenance a high enough priority. But the National Air Traffic Controllers Association says there’s more to it than that. The group, which is locked in a nasty contract dispute with the FAA, claims the FAA has deferred maintenance in favor of a shopping spree worthy of MTV Cribs. It points to things like a 58-inch flat-screen TV for the control-tower conference room at Charlotte-Douglas International and $5,000 spent on furniture for the tower at Ashville Regional Airport. Up to now, the FAA has said only that it will take action to address the issues and recommendations raised by the audit. They include coming up with a method for consistently funding ongoing maintenance operations, determining which FAA facilities will be needed once a new GPS-based air traffic control system is put in place and ensuring that those facilities are equipped to handle the new system when it finally becomes a reality. Port Infrastructure States Solve – Jurisdiction States are the main port regulators – USFG only has jurisdiction over harbors Jay Etta Hecker, Director of Physical Infrastructure Issues, August 5th 2002 “Nation Faces Formidable Challenges in Making New Initiatives Successful”, http://www.gao.gov/new.items/d02993t.pdf; wh The federal government has jurisdiction over harbors and interstate and foreign commerce, but state and local governments are the main port regulators. The entities that coordinate port operations, generally called port authorities, differ considerably from each other in their structure. Some are integral administrative arms of state or local governments; others are autonomous or semi-autonomous self-sustaining public corporations. At least two—The Port Authority of New York and New Jersey and the Delaware River Port Authority—involve two states each. Port authorities also have varying funding mechanisms. Some have the ability to levy taxes, with voter approval required. At other port authorities, voter approval is not required. Some have the ability to issue general obligation bonds, and some can issue revenue bonds. Some ports receive funding directly from the general funds of the governments they are a part of, and some receive state funding support through trust funds or loan guarantees. States Solve – Private Investment Private ports are empirically proven to be better than ports financed by federal, state, and local government. Chris Edwards,. "Federal Infrastructure Investment." The Cato Institute. Cato Institute, 16 Nov. 2011. Web. 26 June 2012. <http://www.cato.org/publications/congressional-testimony/federal-infrastructure-investment>. In its report on the state of U.S. infrastructure, the American Society of Civil Engineers gives America a grade of "D." 37 However, the ASCE report mainly focuses on infrastructure provided by governments, so if you believe that this low grade is correct, then it is mainly due to government failures. The ASCE lobbies for more federal spending, but OECD data shows that public-sector spending on infrastructure is about the same in this country as in other high-income nations. Some of the infrastructure shortcomings in the United States stem from mismanagement and misallocation by the federal government, rather than a lack of taxpayer support. So part of the solution is to decentralize infrastructure financing, management, and ownership as much as possible. State and local governments and the private sector are more likely to make sound investment decisions without the federal subsidies and regulations that distort their decision mak0069ng. This committee's description of today's hearing noted: "Transportation infrastructure is especially important to the manufacturing sector, which relies on various modes of transportation to obtain raw materials and to transport end products to the marketplace." That is certainly true, and I think transportation privatization is part of the answer to improve America's competitiveness in global markets. For example, nearly all airports and seaports in this country are owned by governments, but many airports and seaports abroad have been partly or fully privatized. The World Economic Forum rates America's seaports only 23rd in the world, but the first- and third-best seaports in the world, according to the WEF, are private — Singapore and Hong Kong.38 The federal government cannot afford to expand its infrastructure spending because of today's massive deficits. Many states are also in a budget squeeze. Fortunately, the global trend is toward partly or fully privatizing the financing and ownership of infrastructure. U.S. policymakers should study the recent innovations in infrastructure investment, and then start unloading the financing and ownership of our infrastructure to the private sector. Gov’t Fails – Generic Federal Government can’t maintain its seaports, harms U.S. business, workers, and economy Bridges, Jerry. "Investments in Seaports Essential." Al.com. Al, 4 Apr. 2012. Web. 27 June 2012. <http://blog.al.com/press-registerbusiness/2012/04/investments_in_seaports_essent.html>. Since the birth of our nation, United States seaports and the waterways that connect them have served as a vital economic lifeline by bringing goods and services to people around the world and by delivering prosperity to our nation. Seaports facilitate trade and commerce, create jobs, help secure our borders, support our military and serve as stewards of valuable coastal environmental resources. They are responsible for moving more than 99 percent of our country's overseas cargo, while international trade accounts for more than a quarter of America's G ross D omestic P roduct. America's seaports support 13.3 million U.S. jobs, which account for $649 billion in annual personal income. According to the U.S. Chamber of Commerce, for every $1 billion in manufactured goods exported through America's seaports, 15,000 U.S. jobs are created. Although our nation's ports are dynamic, vibrant centers of trade and commerce, they rely on partnerships. U.S. seaports and their marine terminal partners anticipate investing about $8 billion annually over the next five years to maintain and improve their infrastructure. Unfortunately, the federal government isn't adequately matching this commitment with investments in connecting land- and waterside infrastructure to effectively handle increased cargo volumes. This lack of federal foresight could create inefficiencies in moving cargo to and from ports, causing time delays, cost increases, reduced international competitiveness for U.S. exports and product shortages for consumers. Despite there being a federal Harbor Maintenance Tax on seaport cargo that raises 100 percent of the cost for periodically dredging America's harbors and channels to their authorized dimensions, only about half of that money is being appropriated for its intended purpose, resulting in serious dredging needs being neglected. With regard to constructing deeper channels, federal funding for new projects has all but disappeared, although project sponsors -- usually ports -- pay between 35 percent and 60 percent of the cost, depending on project depth. Landside connections with ports have also been a low federal priority, with little of the highway funds going to freight transportation projects. The only bright light has been the recent federal transportation infrastructure (TIGER) grants, although not enough has benefited port-related infrastructure. As we recover from the economic downturn, we must make investments today to address the trade realities of the future. Ship sizes continue to get larger, requiring ongoing modernization of ports and federal navigation channels, even for ports that don't require 50 feet of depth. Panama has recognized the need to modernize and has under way a major expansion of the Panama Canal slated for completion in 2014. Canada and Mexico are also making significant investments which could result in losses of U.S. maritime jobs as cargo enters the U.S. through these countries. We've already seen this job loss on the West Coast. Furthermore, the U.S. seeks to double exports. However, countries like Brazil and Chile, which compete against the U.S. in terms of agricultural exports, are making investments that could make their exports more competitive. In addition to these near-term challenges, we know that the U.S. population is forecast to grow by 100 million a 30 percent increase before the middle of the century, and many of the goods used by this population will flow through seaports. While ports are planning for the future, the federal government hasn't kept pace with the industry or our international competitors. The federal government has a unique Constitutional responsibility to maintain and improve the infrastructure that enables the flow of commerce, and much of that infrastructure in and around seaports has been neglected for too long. Many of our land and water connections are insufficient and outdated, affecting the ports' ability to move cargo efficiently. This hurts U.S. business, U.S. workers and our national economy. Permutation Answers Perm Fails – Cooperative Federalism Perm fails – relies on a cooperative federal framework that crushes solvency and gets modeled globally Greve, 2000 (Michael, John G. Searle Scholar, American Enterprise Institute; Ph.D. (Government) Cornell University, “Against Cooperative Federalism”, Mississippi Law Journal, Winter, Lexis) The United States Constitution envisions political conflict and functional separation among independently constituted states and national institutions. Historically, this arrangement has been called "dual federalism," n2 a term that emphasizes the co-existence of state governments with the federal government, with each level of government possessing its own sphere of [*558] autonomy and direct coercive authority over citizens. The "dual" adjective stresses federalism's vertical, state-to-federal dimension. In its horizontal, state-to-state perspective, the arrangement may also be called a "competitive federalism." Since dual federalism confines the national government to a limited sphere of autonomy, it compels the states, in the vast realm that lies beyond the national government's reach, to compete for citizens' assets, talents, and affections. Diversity among states, the citizens' ability to vote with their feet, and the disciplining force of state competition are federalism's chief attractions. n3 In practice, however, American federalism has become an administrative, "cooperative federalism": state and local governments administer and implement federal programs. n4 Many state-administered programs are funded by the federal government, in whole or, more often, in part. Others take the form of conditional preemption, meaning that the states may choose to administer the federal program or else, cede the regulatory field to the federal government . Cooperative federalism covers an enormous array of regulatory fields, from the environment to education to welfare and, lately, crime control. In its horizontal dimension, cooperative federalism replaces dual federalism's competition with state policy cartels and uniform regulatory baselines. n5 [*559] This article argues that cooperative federalism is a rotten idea, its political popularity notwithstanding. Cooperative federalism undermines political transparency and accountability, thereby heightening civic disaffection and cynicism; diminishes policy competition among the states; and erodes self-government and liberty. The sooner we can think of viable means to curtail cooperative programs and to disentangle government functions, the better off we shall be. We may not be able to think of such means, much less to put them to work, any time soon. Dual, competitive (or, in modern public choice parlance, "market-preserving") federalism n6 is unstable, principally because it frustrates political and interest group demands. Under realistic conditions, dual federalism's legal-institutional structures will crumble and accommodate anticompetitive, cooperative entanglements. n7 The corollary proposition is that cooperative federalism, unlike [*560] its virtuous but frail competitive cousin, is stable. It accommodates the political and interest group demands that dual federalism frustrates, thus giving organized groups a stake in the system. "Stable" does not mean static: cooperative federalism periodically accommodates new demands, at a higher level of aggregate government spending. The moving political equilibrium point is the next circle of hellish entanglement. n8 "Stable" simply means that fundamental institutional challenges, and especially attempts to re-introduce competitive structures, will usually founder on cooperative federalism's political economy. We have nothing resembling a political theory that would explain how dual, market-preserving federalism might preserve itself, n9 or how it might re-emerge from a cesspool of cooperation. The difficulty of the task may help explain why thoughtful scholars have acknowledged and conceded potent arguments against cooperative arrangements, and then dismissed those arguments on the grounds that cooperative federalism is real and therefore rational, or at any rate inevitable. n10 Before we succumb to Hegelian insouciance, though, cooperative federalism's manifest failures and dysfunctionalities compel another look at the problem of moving from cooperation to competition. In an earlier attempt to tackle the problem, I identified a scenario that might, under present political conditions, allow a [*561] piecemeal restoration of a dual, competitive, "real" federalism. n11 That scenario revolved around the interplay between a gradual judicial return to a robust enumerated-powers doctrine and the mobilization of anti-distributional "Leave-Us-Alone" constituencies with a stake in more competitive politics. A scenario, of course, is neither a certainty nor a theory. As this article will make clear, I am inclined to think that the odds are actually against an escape from cooperation, and I am no closer now than two years ago to a theory of restoring competitive federalism. On the other hand, a plausible scenario that responds to the right theoretical question may warrant additional, marginal efforts-at least until more promising, rigorous theories emerge or else, the project is shown to be futile. In that spirit, this article provides a footnoted harangue, known among lawyers as a "brief," against cooperative federalism. If competitive federalism can be restored, a critique of the cooperative status quo will prove helpful. If it can not, we shall never know what we are missing. n12 But we should still lament, rather than celebrate, our cooperative fate. Cooperative federalism in America is not an extension of the constitutional scheme and its institutional logic. It is rather a set of infra-constitutional institutional arrangements and policy regimes that are constrained, albeit weakly, by constitutional norms, such as the implied Tenth Amendment prohibition against the federal "commandeering" of state and local officials. however, have adopted cooperative [*562] n13 Many other countries, federalism as a constitutional arrangement. Among those countries is Germany, and it is there that I will begin my brief against cooperative federalism (Section II). I take this excursion at the invitation of Justice Breyer, whose dissenting opinion in Printz v. United States commends European federalism practices as a plausible model for the United States. n14 While "the fact is that our federalism is not Europe's," n15 a visit abroad serves to show that cooperative federalism's pathologies are endemic, rather than an accidental byproduct of American institutional practices. In Germany, those pathologies have become so severe that the country, though traditionally proud of its cooperative federalism, is now conducting a vigorous debate about its defects. Not much will come of that debate, since cooperative federalism's entanglements suffocate desperately needed reforms. Both the debate and its disheartening prospects, though, contain sobering lessons for America and its experiment with cooperative federalism. Returning to the more familiar American ground, Section III provides a brief history of cooperative federalism. Section IV shows that cooperative federalism cannot be justified as an effective or public-interested regime. Rather, it can only be understood as an accommodation to interest group demands and to the interests of imperfectly monitored political actors, state and federal (Section V). Irremediable agency problems produce intragovernmental collusion against citizens. Political remedies for cooperative federalism and its pathologies are possible only under exceptional circumstances. Barring such circumstances, cooperative pathologies can only be curbed by means of constitutional, judicially enforced constraints. Section [*563] VI explores the political and the constitutional reform options and-fully showing a hopelessly tipped hand-makes a tentative normative case for judicial constraints on cooperative federalism. States Counterplan Answers Generic No Solvency States Fail – Waste State investments fail because money is wasted and poorly allocated Puentes, Robert. Director of Metropolitan "State Transportation Reform." Brookings.edu. Brookings-Rockefeller, Feb. 2011. Web. <http://www.brookings.edu/~/media/research/files/papers/2011/2/22%20infrastructure%20puentes/0222_infrastructure_puentes.pdf>. Second, state investments are not made in a sufficiently strategic, economy-enhancing way. States also face challenges because they spend their (now-declining) transportation dollars poorly. For example, many states have tended to allocate investments via logrolling rather than evidence. As a result, projects are spread around the state like peanut butter. 10 The metropolitan areas that will deliver the next economy—since they already concentrate the assets that matter to smart economic growth like transportation—are often undermined by spending and policy decisions that fail to recognize the economic engines they are and focus investments accordingly. Nor have states been deliberate about recognizing and supporting the particular needs and challenges of both metro and non-metro areas. Gov’t Good – Federal Planning Current federal funding model solves: it accounts for spillover benefits and reduces horizontal inequities Duncombe and Hou ’11 – (William D. and Yilin come from the Center for Policy Research, the Maxwell School and the Department of Public Administration and Policy, School of Public and International Affairs, University of Georgia, respectively; “Substantiation of Transportation Infrastructure – Patterns of Governance and Public Finance in Development: An Analytical Comparison of the United States and China,” Prepared for the 1st China-India-US Symposium on Development and Governance:―Frameworks for the Analysis and Exploration of Patterns of Development and Governance‖Indian Institute of Management-Bangalore (IIMB), January 21-23, 2011) This paper has used the substantiation of transportation infrastructure to explore patterns of governance and public finance in development. We have developed an analytical framework for this purpose. The modern human society since the Industrial Revolution has created increasing demands for government involvement to solve issues that the market mechanisms alone cannot. As a trend, the government role in promoting socio-economic progress has expanded, which is true regardless of the political or state system of a sovereign nation. Infrastructure as the basis for economic development and productivity growth in particular requires an active role of government at all levels for coordination, policy orientation or simply put, planning. A key challenge in large countries is finding mechanisms for solving information asymmetry problems between the central government and subnational governments. Solving the information problem requires balancing central planning with decentralized implementation, thus incentivizing central, sub-central and local governments. Given the public goods element of most transportation infrastructure, financing of transportation facilities is best to be mainly from central government grants to subnational governments. A strong central government role in financing infrastructure assures that the spillover benefits (and costs) across subnational boundaries can be taken into account. In additional central government grants can be distributed in a way to reduce horizontal inequities in fiscal capacity and expenditure needs across regions of the country. However, central government grants should supplemented with subcentral and local revenues derived from benefit taxes and fees to provide incentives for subnational governments to efficiently construct and maintain the transportation infrastructure. Federal involvement is key to avoid haphazard planning, which negatively affects economic growth Duncombe and Hou ’11 – (William D. and Yilin come from the Center for Policy Research, the Maxwell School and the Department of Public Administration and Policy, School of Public and International Affairs, University of Georgia, respectively; “Substantiation of Transportation Infrastructure – Patterns of Governance and Public Finance in Development: An Analytical Comparison of the United States and China,” Prepared for the 1st China-India-US Symposium on Development and Governance:―Frameworks for the Analysis and Exploration of Patterns of Development and Governance‖Indian Institute of Management-Bangalore (IIMB), January 21-23, 2011) There is little doubt that growth in transportation infrastructure and economic growth were strongly linked in the U.S. over the last two centuries. All three levels of government have played an important role in shaping the expansion of transportation systems. Three key elements characterize the transportation infrastructure investment process in the U.S. First, there has been a lack of federal and state government infrastructure planning linked to economic development planning. The planning that has occurred, such as the emergence of highway planning in the last century, tends to be focused more narrowly on one transportation mode. Second, the federal government has had to take a more limited role in the expansion of infrastructure because of concerns about unconstitutional expansion of federal power. Instead, the federal government has tended to influence infrastructure decisions through the use of federal grants and regulations of specific transportation modes. Third, the financing of infrastructure has often evolved in a haphazard fashion which resulted in significant inefficiencies and waste. Differences in financing mechanisms by mode of transportation has created price distortions which has lead to inefficient allocation of government resources. In particular, several recent reports have highlighted the underinvestment in railroads relative to highways because of the differences in financing mechanisms (Transportation Research Board 2009; National Surface Transportation Policy and Revenue Study Commission 2007). Public-Private Partnerships P3s Fail – No Investment Private partnerships fail – lack of investment and protectionist fears Plumer 12 Plumer, Brad. "More States Privatizing Their Infrastructure. Are They Making a Mistake?" Washington Post. The Washington Post, 02 Apr. 2012. Web. 28 June 2012. <http://www.washingtonpost.com/blogs/ezra-klein/post/more-states-privatizing-their-infrastructureare they-making-a-mistake/2012/03/31/gIQARtAhnS_blog.html>. But before getting too excited about the magical powers of private firms, experts warn that there are potential pitfalls to these arrangements. For one, as Robert Puentes of Brookings noted in a recent paper(pdf), these are complicated multi-decade financial arrangements. And “many states,” he notes, “lack the technical capacity and expertise to consider such deals and fully protect the public interest.” For another, the deals need to be structured wisely — in Maryland, for instance, Republicans have warned that certain provisions in the pending Senate bill could allow the government to circumvent the competitive bidding process. (The bill itself does, however, create several layers of review.) Moreover, a road that’s privately owned for 75 years has the potential to conflict with other public-policy goals. For instance, as a recent GAO report (pdf) found, four of the five privately-funded toll road projects in the last 15 years included non-compete clauses that prevented the government from building nearby roads. As Tim Lee notes, “real-world privatization schemes are often explicitly protectionist.” So what if a state, say, later decides that it wants to build a rail network that competes with the private road? All sorts of complications could arise. Plus, privatization can’t work everywhere. “It’s not a universal tool,” says Jonathan Peters, a professor of finance at the College of State Island who has studied these partnerships. There are plenty of roads in states like Montana, for starters, that don’t pay for themselves and would be unappealing to private investors. There are ways around this — Madrid, for one, built its subway system by offering formula-based subsidies to private firms, which still bore the risk of a shortfall in rider demand — but it’s trickier. Few transportation experts think we can fill our multi-trillion-dollar infrastructure shortfall with private money alone. P3s Fail – Cost Public Private partnerships fail – cost overruns, delays and procurement concerns kill quality of infrastructure DOT DEC 04 United States Department of Transportation. By DOT. Federal Highway Administration, Dec. 2004. Web. 26 June.<http://www.fhwa.dot.gov/reports/pppdec2004/#3b>. Public-private partnerships do not always result in cost savings. As demonstrated in Figure 3.1, Florida’s use of innovative contracting resulted in cost overruns more often than they resulted in cost savings. Another example of cost overruns is Washington State’s first design-build project, the SR 500 Thurston Way Interchange, in Vancouver, Washington. The actual design-build project costs were approximately 23% more than the estimated costs for the project under the traditional design-bid-build methods ($25,610,004 vs. $20,878,121). This comparison is based primarily upon a Washington State Department of Transportation (WSDOT) engineer’s estimate used to construct an equivalent design-bid-build cost model.[116] Dr. Keith Molenaar with the University of Colorado at Boulder, Department of Civil, Environmental, and Architectural Engineering, evaluated the use of design-build on the SR 500 Thurston Way Interchange on behalf of WSDOT. In his report, in his view, the risk of cost increases in this case outweighed the potential benefits.[117] Public-private partnerships do not always create time savings. Again, Figure 3.1 shows that innovative procurement methods, including those directly providing incentives for on-time delivery, often failed to be completed when required. And when public-private partnerships do create time savings on a project basis, it can be at the expense of other projects. A+B contracting is designed to focus contractors on the importance of completing projects in a timely manner. Even when effective, however, this type of procurement can produce an increased burden on the resources of State agencies.[118] Extended work hours may be required to provide appropriate inspection of the project and training of personnel.[119] Concerns have also been expressed about the impact procurement methods like design-build might have on the quality of a project. The shortened schedule and the increased control of the contractor could lead to lower quality because the public sector partner typically has less of an opportunity to design and inspect the project.[120] P3s Fail – Backlash P3s fail – public backlash prevents investment success Department of Transportation, "REPORT TO CONGRESS ON PUBLIC-PRIVATE PARTNERSHIPS." FHWA. United States Department of Transportation, Dec. 2004. Web. 26 June 2012. <http://www.fhwa.dot.gov/reports/pppdec2004/#3>. A common type of alternative financing is tolls.[181] Generally, the public resists toll projects and opposes the tolling of pre-existing tax-supported roads. The public views the roads as "free" and believes that the construction and maintenance of these roads has already been paid for through Federal and State gas taxes, as well as other fees. Tolls are often viewed as an additional charge for a road for which the public believes it has already paid through taxes and other fees. However, when roads must be expanded to handle peak travel demands, existing taxes paid by motorists are inadequate to cover the costs, as discussed below. State and Federal officials have a long history of commitment to "free" roads and have had difficulty generating enthusiasm for toll facilities, particularly in the face of public resistance.[182] Political and cultural resistance to tolling is reflected in the Federal-aid highway program, which as early as 1916 prohibited the use of tolls on federally funded roadways. Even today, tolling on the Interstate Highway System is prohibited except for two pilot programs that allow tolling of Interstates in limited situations—the value pricing pilot program established in 1991 and reauthorized in 1998, and the Interstate System reconstruction and rehabilitation pilot program authorized in 1998.[183] The public view towards tolls must change before the private sector will feel confident enough to pursue public-private partnerships and be able to gain financing and community support.[184] State Infrastructure Banks SIB Fails – No Money CP Fails – Not enough money to fund projects – California proves Robert Behre, assistant city editor, March 18, 2012, date provided updated version original found in November 18, 2011, State Infrastructure Bank can't fund each road project, Post and Courier, http://www.postandcourier.com/article/20111118/PC1602/311189954, [6/27/12] Berkeley County officials told key members of the State Infrastructure Bank on Thursday that the county needs $30 million to widen Interstate 26 and improve other roads for a world-class distribution center near Summerville. Then Charleston Mayor Joe Riley told the same group that the city really needs $88 million to create a drainage system for the Crosstown Expressway, which was built over an old creek bed with no workable drainage system. And then Dorchester County officials told the bank members it needed $19 million to improve roads to Ashley Ridge High School and buy right of way for widening U.S. Highway 78 west of Summerville. State Infrastructure Bank President Don Leonard called all three presentations "excellent." The only problem? The bank doesn't have nearly enough money. The three Lowcountry projects are competing with others in Beaufort, York and Jasper counties. These six requests add up to $462 million, while the bank has about $80 million to grant. Three members of the bank met at Charleston City Hall to begin hearing details on the projects. Within a few months, they will advise the full seven-member bank board, which will make the final decisions. Several state lawmakers joined in Thursday's presentations, but none were optimistic about increasing the bank's bank account in the short term. State Sen. Larry Grooms, R-Bonneau, said the Legislature is unlikely to channel new revenue to the bank next year, and he said it's "very unlikely" the S.C. Department of Transportation can help. "DOT is still sorting through their cash-flow catastrophe," he said. Gov. Nikki Haley wasn't at the bank meeting, but she made a similar point in Summerville on Thursday. Asked if she would support raising the state's gas tax so tourists passing through could contribute toward repairing the state's roads, Haley said she wouldn't favor that until the DOT is reformed. Kate Parks of the Coastal Conservation League attended the presentations and later noted the bank's cash crunch would be eased if it dropped the alreadyfunded but controversial $420 million Interstate 526 project between West Ashley and James Island. "What is clear to me is 526 just doesn't compete with these projects," she said. And these six projects don't include a $358 million plan application that Lowcountry officials are preparing to improve roads in and around Boeing's new North Charleston plant. Road Infrastructure A2 Congestion – No Impact No impact- adaptation solves – only a risk it is good for the economy Conrad deFiebre, 6/6/12, transportation fellow for Hindsight2020 in Minnesota, Hindsight 2020, “”The Good Side of Traffic Congestion, <http://www.mn2020hindsight.org/view/the-good-side-of-traffic-congestion> Accessed: 6/28/12 A new comparative study of congestion levels and economic performance from Florida Atlantic University found that every 10 percent increase in traffic delays in U.S. urban areas was accompanied by a 3.4 percent increase in output of goods and services. As lead researcher Eric Dumbaugh noted, this is highly counterintuitive. "How could being stuck in traffic lead people to be more productive?" he wrote in an Atlantic Cities article. "The relationship is almost certainly not causal. Instead, regional GDP and traffic congestion are tied to a common moderating variable—the presence of a vibrant, economically productive city. People travel for work and meetings, for shopping and recreation. They produce and demand goods and services, which further increases travel demand." Over time, he noted, "People adapt to congested environments" in many ways: moving to more accessible areas, traveling shorter distances, shifting to transit or footpowered mobility. Furthermore, he said, trip scheduling and routing technologies that speed people and shipments of goods around pockets of congestion are on pace to become a $9 billion-plus industry by 2015. A2 Congestion – Adaptation Solves Congestion inevitably encourages other forms of transportation WSJ, 8/9/09, Wall Street Journal, “How Traffic Jams Help the Environment,” <http://online.wsj.com/article/SB10001424052748703746604574461572304842840.html> Accessed 6/28/12, wh Traffic jams can actually be environmentally beneficial if they turn subways, buses, car pools, bicycles and walking into more-attractive options. Residents of the New York metropolitan area are extraordinarily committed transit users—they account for almost a third of all the public-transit passenger miles traveled in the United States. Making a cab ride seem more efficient than the subway, by reducing the congestion on the streets, would be a loss for the environment.